This regulation may be cited as the Sustainable Planning Regulation 2009 .
This regulation commences on 18 December 2009.
The dictionary in schedule 26 defines particular words used in this regulation.
(1)The local government areas, or parts of the local government areas, of each group of local governments mentioned in a part of schedule 1 are prescribed as a designated region for section 32 (1) (a) of the Act.(2)Each designated region has the name given in schedule 1.s 4 amd 2016 SL No. 111 s 4
4AGuideline for reviewing LGIP—Act, s 94A
For section 94A (2) (b) of the Act, the guidelines for conducting an LGIP review are contained in the following documents published by the department—(a)‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014;(b)‘Statutory guideline 01/16—Making and amending local planning instruments’, dated 19 April 2016.s 4A prev s 4A ins 2011 SL No. 252 s 3
om 2013 SL No. 258 s 4
pres s 4A ins 2014 SL No. 236 s 4
amd 2016 SL No. 111 s 5
5Guideline for making or amending planning scheme or planning scheme policy—Act, s 117(1)
For section 117 (1) (b) of the Act, the guideline for making or amending a planning scheme or planning scheme policy is contained in the document called ‘Statutory guideline 01/16—Making and amending local planning instruments’, dated 19 April 2016 and published by the department.s 5 amd 2011 SL No. 139 s 3; 2012 SL No. 8 s 3; 2012 SL No. 197 s 4; 2013 SL No. 258 s 5; 2014 SL No. 66 s 3; 2014 SL No. 149 s 4; 2014 SL No. 236 s 5; 2016 SL No. 111 s 6
6Guideline for preparing LGIP or amendment of LGIP—Act, s 117(2)
For section 117 (2) (b) of the Act, an LGIP or an amendment of an LGIP must be prepared as required under the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department.s 6 amd 2011 SL No. 139 s 4; 2012 SL No. 8 s 4; 2012 SL No. 197 s 5; 2013 SL No. 258 s 6; 2014 SL No. 66 s 3
sub 2014 SL No. 149 s 5
7Guideline for making temporary local planning instrument—Act, s 117(3)
For section 117 (3) (b) of the Act, for making a temporary local planning instrument, a local government must follow the process stated in the document called ‘Statutory guideline 01/16—Making and amending local planning instruments’, dated 19 April 2016 and published by the department.s 7 prev s 7 om 2012 SL No. 228 s 3
pres s 7 ins 2014 SL No. 149 s 5
amd 2014 SL No. 236 s 6; 2016 SL No. 111 s 6
8Community infrastructure—Act, s 200
Community infrastructure stated in schedule 2 is prescribed for section 200 of the Act.
9Assessable development, self-assessable development and type of assessment—Act, s 232
(1)For section 232 (1) of the Act—(a)development stated in schedule 3, part 1, column 2 is assessable development; and(b)development stated in schedule 3, part 2, is self-assessable development.(2)For section 232 (3) of the Act, schedule 3, part 1, column 3 identifies the type of assessment for the development stated opposite in column 2.
9AParticular development not assessable development or self-assessable development
(1)This section applies for development, other than relevant building work, carried out on or before 30 June 2015 for the construction, installation, use, maintenance, repair, alteration, decommissioning, demolition or removal of G20 radiocommunications works.(2)The development is not assessable development or self-assessable development for section 232 (1) of the Act.(3)This section applies despite section 9.(4)In this section—relevant building work means development—(a)requiring code assessment under schedule 3, part 1, table 1, item 1; or(b)that is self-assessable development under schedule 3, part 2, table 1, item 1 or 2.s 9A ins 2013 SL No. 168 s 3
10Development that can not be declared to be development of a particular type—Act, s 232
Development mentioned in schedule 4 is prescribed for section 232 (2) of the Act.
10APrescribed matters for particular applications—Act, ss 255A, 255B and 255C
(1)For each of sections 255A (2) (b), 255B (2) (b) and 255C (2) (b) of the Act, subsection (2) provides for the prescribed matters for assessing, as relevant—(a)a part of an application to which section 255A (1) (b) or 255B (1) (b) of the Act applies; or(b)an application to which section 255C (1) of the Act applies.(2)The prescribed matters are the relevant provisions of the State development assessment provisions that were in effect when the application was properly made.s 10A ins 2013 SL No. 114 s 4
11Applicable codes, laws, policies and prescribed matters for development
Schedule 5, parts 1 and 2, column 2 identifies the codes, laws, policies and prescribed matters that may apply for assessing the aspect of development mentioned opposite in column 1.s 11 amd 2013 SL No. 114 s 5
12Assessment manager for development applications—Act, s 246
(1)This section prescribes, for section 246(1) of the Act, the assessment manager for a development application.(2)For a development application for—(a)a material change of use for a wind farm and no other assessable development, the assessment manager is the chief executive; or(b)a material change of use for a wind farm and other assessable development—(i)if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or(ii) otherwise—the assessment manager is the entity decided by the Minister.(3)For a development application other than an application mentioned in subsection (2), schedule 6, column 2 states the assessment manager for the development application mentioned opposite the assessment manager in column 1.(4)In this section—prescribed assessable development means assessable development for which, if a separate development application were made for the development, the chief executive would be the assessment manager.s 12 sub 2016 SL No. 111 s 7
13Referral agencies and their jurisdictions—Act, ss 250, 251 and 254
For sections 250 (a), 251 (a) and 254 (1) of the Act—(a) schedule 7, column 2 states the referral agency, and whether it is an advice agency or a concurrence agency, for the development application mentioned in column 1; and(b) schedule 7, column 3 states the jurisdiction of the referral agency mentioned in column 2.
s 14 om 2013 SL No. 28 s 4
15Referral agency assessment period—Act, s 283
For section 283 (1) (a) of the Act, schedule 15, column 2 states the number of business days for the referral agency mentioned opposite the number in column 1.
16Requirements for placing public notices on land—Act, s 297
(1)This section prescribes, for section 297 (1) (b) of the Act, requirements for placing a notice on land.(2)The notice must be—(a)placed on, or within 1500mm of, the road frontage for the land; and(b)mounted at least 300mm above ground level; and(c)positioned so that it is visible from the road; and(d)made of weatherproof material; and(e)at least 900mm in height and 1200mm in width.(3)The lettering on the notice must be as stated on the approved form of the notice.(4)If the land has more than 1 road frontage, a notice must be placed on each road frontage for the land.(5)The applicant must maintain the notice from the day it is placed on the land until the end of the notification period.(6)In this section—road frontage, for land, means—(a)the boundary between the land and any road adjoining the land; or(b)if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access.
s 17 om 2013 SL No. 28 s 5
18Compliance assessment of particular development—Act, ss 232, 397 and 415
For sections 232 (1) (b), 397 (3) and 415 (b) and (c) of the Act, schedule 18 prescribes—(a)particular development that requires compliance assessment; and(b)the matters or things against which the development must be assessed; and(c)the entity to whom the request for compliance assessment must be made; and(d)additional actions that must be taken by the compliance assessor; and(e)the form of a compliance permit.s 18 sub 2014 SL No. 149 s 6
19Compliance assessment of plans for reconfiguring a lot—Act, ss 397 and 415
(1)For section 397 (1) and (3) of the Act, schedule 19 prescribes—(a)a particular document that requires compliance assessment; and(b)the matters or things against which the document must be assessed; and(c)the entity to whom the request for compliance assessment must be made; and(d)when the request for compliance assessment must be made.(2)For section 415 of the Act—(a) schedule 19 also prescribes additional actions that must be taken by the compliance assessor in relation to the assessment of the document; and(b)a compliance certificate must be in the form required under the Land Title Act 1994 for registration of a plan of subdivision.
20When notice of decision about compliance assessment must be given—Act, s 408
For section 408 (1) of the Act, the prescribed period is—(a)for compliance assessment of development or a subdivision plan requiring compliance assessment under schedule 18 or 19—20 business days after the local government receives the request for compliance assessment; or(b)if the compliance assessor is a public sector entity or a local government and paragraph (a) does not apply—15 business days after receiving the request for compliance assessment; or(c)if the compliance assessor is a nominated entity of a local government and a copy of the request for compliance assessment is given to the local government under section 402 of the Act—the period of at least 20 business days agreed between the entity and the person making the request for compliance assessment; or(d)if the compliance assessor is a nominated entity of a local government and paragraph (c) does not apply—the period agreed between the entity and the person making the request for compliance assessment.
21Prescribed period—Act, s 409
For section 409 (2) (b) of the Act, the prescribed period for a compliance permit is—(a)if the permit is for a material change of use or reconfiguring a lot requiring operational works—4 years after the day it takes effect; or(b)otherwise—2 years after the day it takes effect.
div hdg ins 2013 SL No. 114 s 6
sub 2014 SL No. 149 s 19
sdiv 1A (s 21AA) ins 2015 SL No. 14 s 3
In this division—registered non-profit organisation means an incorporated organisation that is—(a)currently recorded in the register kept under the Collections Act 1966 , part 6; orThe register of charities kept under the Collections Act 1966 can be inspected on the website of the Office of Fair Trading.(b)currently recorded in a register kept under a law of another State substantially corresponding to the register kept under the Collections Act 1966 , part 6; or(c)a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth).The Australian Charities and Not-for-profits Register kept under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) can be inspected on the website of the Australian Charities and Not-for-profits Commission.sdiv 1A (s 21AA) ins 2015 SL No. 14 s 3
sdiv hdg ins 2013 SL No. 114 s 6
21AAssessment manager application fee applies for relevant aspects of development—Act, s 260
(1)For section 260 (1) (d) (ii) of the Act, the prescribed fee (the assessment manager application fee) for a development application for an aspect (the relevant aspect) of development mentioned in schedule 7A, part 1, column 2, is the fee stated in schedule 7A, part 1, column 3, opposite the relevant aspect.(2)However, if the development application is for 2 or more relevant aspects of development, the assessment manager application fee for the application is each fee (each an assessment manager application fee component) payable under subsection (1) for each relevant aspect of development.(3)This section is subject to sections 21B to 21E.s 21A ins 2013 SL No. 114 s 6
sub 2014 SL No. 149 s 19
21BAssessment manager application fee components for particular applications for vegetation clearing
(1)This section applies for a development application if—(a)the application is for more than 1 relevant aspect of development mentioned in schedule 7A, part 1, item 4; and(b)the total of the assessment manager application fee components for the relevant aspects would, but for this section, be more than $12,095.(2)Despite section 21A (2), the total of the assessment manager application fee components for the relevant aspects is $12,095.For a development application for relevant aspects of development mentioned in schedule 7A, part 1, item 4(a)(i)(A), (b)(ii) and (c)(iii), the total of the assessment manager application fee components for the relevant aspects is $12,095.(3)This section is subject to sections 21D and 21E.s 21B ins 2013 SL No. 114 s 6
amd 2013 SL No. 217 s 8
sub 2014 SL No. 149 s 19
amd 2015 SL No. 44 s 6; 2016 SL No. 111 s 8
21CAssessment manager application fee components for particular applications for waterway barrier works
(1)This section applies for a development application if—(a)the application is for more than 1 relevant aspect of development mentioned in schedule 7A, part 1, item 13; and(b)the total of the assessment manager application fee components for the relevant aspects would, but for this section, be more than $12,095.(2)Despite section 21A (2), the total of the assessment manager application fee components for the relevant aspects is $12,095.For a development application for relevant aspects of development mentioned in schedule 7A, part 1, item 13(a), (b) and (c), the total of the assessment manager application fee components for the relevant aspects is $12,095.(3)This section is subject to sections 21D and 21E.s 21C ins 2013 SL No. 114 s 6
sub 2014 SL No. 149 s 19
amd 2015 SL No. 44 s 7; 2016 SL No. 111 s 9
21DAssessment manager application fee for particular applications for fast-track development
(1)This section applies for a development application if—(a)the application is for a relevant aspect of development that is fast-track development; and(b)the assessment manager application fee for the relevant aspect would, but for this section, be more than $756.(2)Despite sections 21A to 21C, the assessment manager application fee for the relevant aspect is $756.(3)This section is subject to section 21E.s 21D ins 2013 SL No. 114 s 6
sub 2014 SL No. 149 s 19
amd 2015 SL No. 44 s 8; 2016 SL No. 111 s 10
21EAssessment manager application fee for applications by registered non-profit organisations
(1) Subsection (2) applies for a development application for a relevant aspect of development if the application is made by a registered non-profit organisation.(2)Despite sections 21A to 21D, the assessment manager application fee for the relevant aspect is 50% of the fee that would, but for this section, have applied for the relevant aspect.1For a development application made by a registered non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 1, item 4(d), the assessment manager application fee for the relevant aspect, which would but for this section be $12,095, is $6048.2For a development application made by a registered non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 1, item 4(d) that is fast-track development, the assessment manager application fee for the relevant aspect, which would but for this section be $756, is $378.s 21E ins 2014 SL No. 149 s 19
amd 2015 SL No. 14 s 4; 2015 SL No. 44 s 9; 2016 SL No. 111 s 11
21FAssessment manager application fee for concurrence agency assessment manager
(1)This section applies to a development application mentioned in schedule 6, table 6, item 1.(2)Despite section 21A, the assessment manager application fee for the application is the concurrence agency application fee that would have applied if the assessment manager was a concurrence agency for the application.s 21F ins 2014 SL No. 149 s 19
sdiv hdg ins 2014 SL No. 149 s 19
21GConcurrence agency application fee applies for relevant aspects of development—Act, s 272
(1)For section 272 (1) (c) (i) of the Act, the prescribed fee (the concurrence agency application fee) for a development application for an aspect (the relevant aspect) of development mentioned in schedule 7A, part 2, column 2, is the fee stated in schedule 7A, part 2, column 3, opposite the relevant aspect.(2)However, if the development application is for 2 or more relevant aspects of development, the concurrence agency application fee for the application is each fee (each a concurrence agency application fee component) payable under subsection (1) for each relevant aspect of development.(3)This section is subject to sections 21H to 21L.s 21G ins 2014 SL No. 149 s 19
21HConcurrence agency application fee for particular building work
(1)This section applies for a development application if a relevant aspect of development the subject of the application is building work to which the Queensland Development Code, part 1.4 applies and the work—(a)is in relation to a sewer, water main or stormwater drain; and(b)either—(i)does not comply with an acceptable solution for a relevant performance criteria stated in the part; or(ii)is for a class of building or structure for which the part does not state an acceptable solution.(2)Despite section 21G, the concurrence agency application fee for the relevant aspect is an amount—(a)the concurrence agency considers to be reasonable; and(b)that is not more than the reasonable cost of the concurrence agency performing its functions under the Act for the relevant aspect.s 21H ins 2014 SL No. 149 s 19
21IConcurrence agency application fee components for particular applications for clearing vegetation
(1)This section applies for a development application if—(a)the application is for more than 1 relevant aspect of development mentioned in schedule 7A, part 2, item 19; and(b)the total of the concurrence agency application fee components for the relevant aspects would, but for this section, be more than $12,095.(2)Despite section 21G (2), the total of the concurrence agency application fee components for the relevant aspects is $12,095.For a development application for relevant aspects of development mentioned in schedule 7A, part 2, item 19(a)(i)(A), (b)(ii) and (c)(iii), the total of the concurrence agency application fee components for the relevant aspects is $12,095.(3)This section is subject to sections 21K and 21L.s 21I ins 2014 SL No. 149 s 19
amd 2015 SL No. 44 s 10; 2016 SL No. 111 s 12
21JConcurrence agency application fee components for particular applications for waterway barrier works
(1)This section applies for a development application if—(a)the application is for more than 1 relevant aspect of development mentioned in schedule 7A, part 2, item 33; and(b)the total of the concurrence agency application fee components for the relevant aspects would, but for this section, be more than $12,095.(2)Despite section 21G (2), the total of the concurrence agency application fee components for the relevant aspects is $12,095.For a development application for relevant aspects of development mentioned in schedule 7A, part 2, item 33(a), (b) and (c), the total of the concurrence agency application fee components for the relevant aspects is $12,095.(3)This section is subject to sections 21K and 21L.s 21J ins 2014 SL No. 149 s 19
amd 2015 SL No. 44 s 11; 2016 SL No. 111 s 13
21KConcurrence agency application fee for particular applications for fast-track development
(1)This section applies for a development application if—(a)the application is for a relevant aspect of development that is fast-track development; and(b)the concurrence agency application fee for the relevant aspect would, but for this section, be more than $756.(2)Despite sections 21G, 21I and 21J, the concurrence agency application fee for the relevant aspect is $756.(3)This section is subject to section 21L.s 21K ins 2014 SL No. 149 s 19
amd 2015 SL No. 44 s 12; 2016 SL No. 111 s 14
21LConcurrence agency application fee for applications by registered non-profit organisations
(1) Subsection (3) applies for a development application for a relevant aspect of development if the application is made by a registered non-profit organisation.(2)However, subsection (3) does not apply for a development application to the extent the application is for a relevant aspect of development mentioned in section 21H (1).(3)Despite sections 21G and 21I to 21K, the concurrence agency application fee for the relevant aspect is 50% of the fee that would, but for this section, have applied for the relevant aspect.1For a development application made by a registered non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 2, item 19(d), the concurrence agency application fee for the relevant aspect, which would but for this section be $12,095, is $6048.2For a development application made by a registered non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 2, item 19(d) that is fast-track development, the concurrence agency application fee for the relevant aspect, which would but for this section be $756, is $378.s 21L ins 2014 SL No. 149 s 19
amd 2015 SL No. 14 s 5; 2015 SL No. 44 s 13; 2016 SL No. 111 s 15
sdiv hdg ins 2014 SL No. 149 s 19
21MFee for request to change development approvals—Act, s 370
(1)This section applies to a request to change a development approval (a permissible change request), made under section 369 (1) of the Act, to the chief executive or the Minister as the responsible entity.(2)For section 370 (2) (a) (ii) of the Act, the prescribed fee for the permissible change request is—(a)if the development approval was given for a development application mentioned in section 21E (1) or 21L (1)—$756; or(b)otherwise—$1511.s 21M ins 2014 SL No. 149 s 19
amd 2015 SL No. 44 s 14; 2016 SL No. 111 s 16
21NFee for extension request notice for development approvals—Act, s 383
(1)This section applies to an extension request notice for a development approval given to the chief executive as the assessment manager for the development application to which the approval relates.(2)For section 383 (3) (c) (ii) of the Act, the prescribed fee that must accompany the extension request notice is—(a)if the development approval was given for an application mentioned in section 21E (1) or 21L (1)—$378; or(b)otherwise—$756.(3)In this section—extension request notice, for a development approval, means a notice, under section 383 (1) (b) of the Act, asking the assessment manager to extend a period mentioned in section 341 of the Act for the approval.s 21N ins 2014 SL No. 149 s 19
amd 2015 SL No. 44 s 15; 2016 SL No. 111 s 17
The fees payable for a proceeding in the court are stated in schedule 20.
23Building and development committee fees—Act, ss 514 and 536
For sections 514 (2) and 536 (2) of the Act, the fees payable for proceedings before a building and development committee for a declaration or an appeal are stated in schedule 21.
24Building and development committee fast-track fee—Act, ss 515 and 537
(1)This section prescribes the fee to accompany a request under section 515 (2) or 537 (2) of the Act to the chief executive to appoint a building and development committee to start hearing proceedings for a declaration or an appeal within 2 business days after starting the proceedings or appeal.(2)The fee payable under this section is 50% of, and is in addition to, the fee payable for the proceedings or appeal under section 23.(3)However, if the chief executive refuses the request, the fee must be refunded.
25Jurisdiction of building and development committees—Act, s 526
A decision about a part of a building development application for which part the local government is the concurrence agency is prescribed for section 526 (c) of the Act.
26Qualifications of general referee—Act, s 571
(1)For section 571 of the Act, each of the following qualifications or experience for a member of a building and development committee that is to hear and decide a matter is prescribed for the matter—(a)a demonstrated ability—(i)to negotiate and mediate outcomes between parties to an appeal; and(ii)to apply the principles of natural justice; and(iii)to analyse complex technical issues; and(iv)to communicate effectively, including, for example, to write informed, succinct, and well-organised reports, submissions, decisions or other documents;(b)demonstrated knowledge of at least 1 of the following the Minister considers is sufficient to enable the person to perform the functions of a member of the building and development committee in relation to the matter—(i)building design and construction;(ii)siting of residential buildings;(iii)neighbourhood amenity issues;(iv)relevant health or fire safety issues;(v)the Act, the Building Act or the Plumbing and Drainage Act 2002 ;(vi)the BCA, Queensland Development Code, or Australian Standards relating to building work;(vii)the National Plumbing and Drainage Code, or the Australian Standards relating to plumbing and drainage work.(2) Subsection (3) applies if the matter is about an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice.(3)A member of the building and development committee need not have the qualifications or experience mentioned in subsection (1) (b) if the Minister considers the member has a qualification or experience in engineering or accounting sufficient to enable the person to perform the functions of a member of the committee in relation to the matter.(4)If the matter is about a part of a building development application for which part the local government is the concurrence agency, and the part is assessed against the planning scheme, at least 1 member of the building and development committee must also have—(a)a university qualification in town planning; and(b)substantial experience in interpreting and applying provisions of a planning scheme.(5)If the matter is about a development application for a material change of use of premises that involves the use of a class 1, class 2 or class 10 building, at least 1 member of the building and development committee must also have—(a)a university qualification in town planning or law; and(b)substantial experience in interpreting and applying provisions of a planning scheme.(6)If the matter is about development, a document or work requiring compliance assessment, at least 1 member of the building and development committee must also have a university or professional qualification relevant for hearing and deciding the matter.s 26 amd 2011 SL No. 139 s 5
27Guideline for parameters for working out cost of infrastructure for offset or refund—Act, s 633(2)
For section 633 (2) (b) of the Act, the guideline for parameters for the purpose of working out an offset or refund under the Act, chapter 8, part 2, is contained in the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department.s 27 sub 2011 SL No. 139 s 6; 2011 SL No. 252 s 4
amd 2012 SL No. 8 s 5; 2012 SL No. 197 s 6; 2013 SL No. 258 s 7; 2014 SL No. 66 s 3
sub 2014 SL No. 149 s 7
28Guideline for parameters for criteria for deciding conversion application—Act, s 633A(2)
For section 633A (2) of the Act, the guideline for parameters for deciding a conversion application is contained in the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department.s 28 sub 2014 SL No. 149 s 7
s 29 om 2011 SL No. 139 s 7
s 30 om 2014 SL No. 149 s 7
In this part—Commonwealth Minister means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act.designated proponent, for development, means the person designated as a proponent for the development under the Commonwealth Environment Act, section 75 (3).relevant impacts has the meaning given by the Commonwealth Environment Act, section 82.
32Development for which EIS process applies—Act, s 688
(1)Development is prescribed for section 688 of the Act if—(a)the Commonwealth Minister has, under the Commonwealth Environment Act—(i)decided the approach for assessing the relevant impacts of the development is assessment by an accredited assessment process; and(ii)given notice of the decision; orSee the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach).(b)the relevant impacts of the development are to be assessed under a bilateral agreement.(2)However, the development must be development for which the chief executive decides an EIS is required.(3)Any steps or actions taken in the EIS process before the action mentioned in subsection (1) (a) happens are taken to have complied with this part.(4)In this section—bilateral agreement see the Commonwealth Environment Act, section 45 (2).
33Criteria for making decision about requirement for EIS
In making a decision under section 32 (2), the chief executive must consider—(a)the importance of the development to the State or part of the State; and(b)the complexity of the development including—(i)the size or nature of the development; and(ii)the number of entities or local government areas potentially affected by the development; and(c)the significance of the potential environmental, economic and social impacts of the development.
34Criteria for public notification of draft terms of reference for EIS—Act, s 691
For section 691 (1) (b) of the Act, the criteria for public notification of draft terms of reference for an EIS are—(a)the complexity of the matters mentioned in the application for terms of reference for the EIS; and(b)the likely level of public interest in the draft terms of reference.
35Content of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694
(1)For sections 691 (3) (f) and 694 (1) (a) (v) of the Act, each of the following matters must be stated in a notice—(a)the development’s name;(b)the proponent’s name;(c)if the proponent and designated proponent for the development are not the same entity—the designated proponent’s name;(d)the development’s location;(e)any matter mentioned in the Commonwealth Environment Act, section 34, and protected by a controlling provision for the development.(2)In this section—controlling provision, for development, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the development under chapter 4, part 7, division 2 of that Act.
36Public notification of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694
For sections 691 (4) and 694 (2) of the Act, a notice must be published—(a)in a newspaper circulating throughout Australia; and(b)in a newspaper circulating generally in the State.
37Matters for inclusion in draft EIS—Act, s 693
For section 693 (2) of the Act, the draft EIS must include the matters mentioned in the Environment Protection and Biodiversity Conservation Regulations 2000 (Cwlth), schedule 4.
38Content of EIS assessment report—Act, s 699
(1)For section 699 (e) of the Act, an EIS assessment report about an EIS for development must contain each of the following—(a)the development’s name;(b)the name of the designated proponent for the development;(c)the development’s location;(d)a description of any matters of national environmental significance;(e)a summary of the relevant impacts of the development;(f)a description of feasible mitigation measures, or changes to the development or procedures, to prevent or minimise the development’s relevant impacts, proposed by the proponent or suggested in relevant submissions;(g)to the extent practicable, a description of feasible alternatives to the development identified in the EIS process, and the likely impact of the alternatives on matters of national environmental significance;(h)a statement of conditions of approval for the development that may be imposed to address impacts, identified in the EIS process, on matters of national environmental significance.(2)In this section—matters of national environmental significance means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1.relevant submissions means properly made submissions, or other submissions accepted by the chief executive under section 695 of the Act.
39To whom EIS and other material must be given—Act, s 700
For section 700 (d) of the Act, the entity is the Commonwealth Minister.s 39 amd 2013 SL No. 45 s 3
40When structure plan arrangements apply to premises
(1)For this regulation, structure plan arrangements apply to premises if—(a)the premises is completely or partly in a declared master planned area; and(b)a structure plan is in effect for the area; and(c)an entity that would have been a referral agency or the assessment manager for a development application relating to the premises is stated as a coordinating agency or a participating agency in the master planned area declaration or structure plan for the area.(2)In this section—amending Act means the Sustainable Planning and Other Legislation Amendment Act (No. 2) 2012 .coordinating agency means a coordinating agency as defined under the Act as in force before the enactment of the amending Act.declared master planned area means a declared master planned area continued in existence under chapter 10, part 6 of the Act.master planned area declaration means a declaration made under section 133 of the Act, as in force before the enactment of the amending Act, that identified an area as a declared master planned area.participating agency means a participating agency as defined under the Act as in force before the enactment of the amending Act.structure plan, for a declared master planned area, means the structure plan for the area continued in existence under chapter 10, part 6 of the Act.s 40 amd 2012 SL No. 228 s 4
s 40AA ins 2011 SL No. 7 s 3
amd 2011 SL No. 88 s 12; 2012 SL No. 100 s 3
om 2013 SL No. 114 s 7
40APrescribed information and documents for development applications—Act, s 736
For section 736 (2) (a) of the Act—(a)the prescribed information is mentioned in schedule 25A, part 1; and(b)the prescribed documents are mentioned in schedule 25A, part 2.s 40A ins 2010 No. 279 s 3
40BGuideline for method for working out cost of infrastructure for offset or refund—Act, s 979(3)
For section 979 (3) (b) of the Act, the guideline for the method for working out the cost of infrastructure the subject of an offset or refund is contained in the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department.s 40B ins 2014 SL No. 149 s 8
40CGuideline for criteria for deciding conversion application—Act, s 979(3A)
For section 979 (3A) (b) of the Act, the guideline for the criteria for deciding a conversion application is contained in the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department.s 40C ins 2014 SL No. 149 s 8
41Prescribed activities for particular definitions under Act, sch 3
(1)Each of subsections (2) to (5) prescribes an environmentally relevant activity, or an aspect of an environmentally relevant activity, for the definition under the Act, schedule 3, stated in the subsection.(2)For the definition crude oil or petroleum product storage ERA, the environmentally relevant activity is chemical storage under the Environmental Protection Regulation 2008 , schedule 2, section 8(1)(c).(3)For the definition dredging ERA, the environmentally relevant activity is extractive and screening activities under the Environmental Protection Regulation 2008 , schedule 2, section 16(1)(a).(4)For the definition extraction ERA, the environmentally relevant activity is extractive and screening activities under the Environmental Protection Regulation 2008 , schedule 2, section 16(1)(b) or (c).(5)For the definition screening ERA, the environmentally relevant activity is extractive and screening activities under the Environmental Protection Regulation 2008 , schedule 2, section 16(1)(d).
41AReferences to maintenance covers
For this regulation, a reference to a sewer, stormwater drain or water main includes a maintenance cover for the sewer, water main or stormwater drain.s 41A ins 2013 SL No. 217 s 9
The Integrated Planning Regulation 1998, SL No. 57 is repealed.
pt hdg ins 2011 SL No. 265 s 33
sub 2013 SL No. 257 s 9
Division 1 Transitional provision for Building and Other Legislation Amendment Regulation (No. 4) 2011
div hdg ins 2013 SL No. 257 s 10
43Applications for building development approval to continue under pre-amended regulation
(1)This section applies if, before the commencement, an application for a building development approval was made but not decided.(2)The pre-amended regulation continues to apply to the application.(3)In this section—commencement means the commencement of this section.pre-amended regulation means this regulation as in force immediately before the commencement.Sections 10 and 11 of the Building and Other Legislation Amendment Regulation (No. 3) 2013 SL No. 257 insert pt 9 div 1 hdg and div 2 (s 44) on commencement of those provisions.s 43 ins 2011 SL No. 265 s 33
Division 2 Transitional provision for Building and Other Legislation Amendment Regulation (No. 3) 2013
div hdg ins 2013 SL No. 257 s 11
44Development applications involving child care centres
Schedule 7, table 1, item 10, as in force immediately before the commencement of this section, continues to apply to development applications mentioned in that item that were made before the commencement.s 44 ins 2013 SL No. 257 s 11
div 3 (s 45) ins 2013 SL No. 258 s 8
45Clearing of particular vegetation not assessable development
(1)This section applies if a development approval for a material change of use or reconfiguring a lot is given for a development application—(a)made after 4 October 2004 and before 1 July 2013 for which the chief executive administering the Vegetation Management Act is a concurrence agency for clearing vegetation; or(b)made from 1 July 2013 for which the chief executive is a concurrence agency for clearing vegetation.(2)Clearing of vegetation under the approval is taken to be clearing under schedule 24, part 1, section 1 (1).div 3 (s 45) ins 2013 SL No. 258 s 8
div 4 (s 46) ins 2015 SL No. 44 s 21
46Particular clearing of vegetation not assessable development
(1)This section applies if—(a)a development approval is given, before or after the commencement, for a prescribed development application; and(b)after the commencement, operational work that is the clearing of native vegetation is carried out for the development approved by the development approval; and(c)the operational work is clearing—(i)mentioned in schedule 24, part 1, section 1 (12) or (16) as in force immediately before the commencement; or(ii)for an activity mentioned in schedule 24, part 1, section 1 (11) as in force immediately before the commencement.(2) Schedule 3, part 1, table 4, item 1 does not apply to the operational work.(3)In this section—prescribed development application means a development application—(a)that was made before the commencement but not decided before 2 August 2013; and(b)for development for community infrastructure mentioned in schedule 2.div 4 (s 46) ins 2015 SL No. 44 s 21
Brisbane
Gold Coast
Ipswich
Lockyer Valley
Logan
Moreton Bay
Noosa
Redland
Scenic Rim
Somerset
Sunshine Coast
the part of the local government area of Toowoomba Regional Council delineated in black on maps SEQ RP 16 and SEQ RP 21 mentioned in schedule 1 of the State planning regulatory provisions included in the document called ‘South East Queensland Regional Plan 2009–2031’ published by the departmentMaps SEQ RP 16 and SEQ RP 21 are held by the department and are available for inspection by members of the public at the department’s head office.
Cairns
Cassowary Coast
Tablelands
Wujal Wujal
Yarrabah
Cloncurry
Flinders
McKinlay
Mount Isa
Richmond
Barcaldine
Barcoo
Blackall Tambo
Boulia
Diamantina
Longreach
Winton
Bulloo
Murweh
Paroo
Quilpie
Balonne
Maranoa
Bundaberg
Cherbourg
Fraser Coast
Gympie
North Burnett
South Burnett
Isaac
Mackay
Whitsunday
Banana
Central Highlands
Gladstone
Rockhampton
Woorabinda
Balonne
Goondiwindi
Maranoa
Southern Downs
Toowoomba
Western Downs
Aurukun
Cook
Hope Vale
Kowanyama
Lockhart River
Mapoon
Napranum
Northern Peninsula Area
Pormpuraaw
Weipa Town Authority
Wujal Wujal
Burdekin
Charters Towers
Hinchinbrook
Palm Island
Townsville
sch 1 amd 2009 SL No. 313 s 3; 2010 SL No. 176 s 3; 2011 SL No. 66 s 4; 2012 SL No. 80 s 3; 2012 SL No. 133 s 3; 2016 SL No. 111 s 18; 2016 SL No. 210 s 4
1active transport infrastructure
2air transport infrastructure
3ancillary works and encroachments
4busway transport infrastructure
5light rail transport infrastructure
6miscellaneous transport infrastructure
7public marine transport infrastructure
8rail transport infrastructure
9roads on State toll road corridor land
10State-controlled roads
11transport infrastructure mentioned in schedule 3 of the Act, definition development infrastructure
12wharves, public jetties, port facilities and navigational facilities
13storage and works depots and similar facilities, including administrative facilities associated with the provision or maintenance of the community infrastructure mentioned in this part
14any other facility for transport not mentioned in this part that is intended primarily to accommodate government functions
1aged-care facilities
2cemeteries and crematoriums
3communication network facilities
4community and cultural facilities, including facilities where an education and care service under the Education and Care Services National Law (Queensland) is operated or a QEC approved service under the
Education and Care Services Act 2013
is operated, community centres, meeting halls, galleries and libraries
5correctional facilities
6educational facilities
7emergency services facilities
8facilities for parks and recreation
9hospitals and associated institutions
10oil and gas pipelines
11operating works under the
Electricity Act 1994
12sporting facilities
13waste management facilities
14water cycle management infrastructure
15storage and works depots and similar facilities, including administrative facilities associated with the provision or maintenance of the community infrastructure mentioned in this part
16any other facility not mentioned in this part that is intended primarily to accommodate government functions
sch 2 sub 2010 SL No. 343 s 3
amd 2011 SL No. 278 s 25; 2012 SL No. 42 s 3 (disallowed 11 July 2012); 2013 SL No. 265 s 81 sch 5 pt 2
Table 1—Building work | ||
Column 1 | Column 2 | Column 3 |
For the Building Act | ||
1 | For assessing building work under the Building Act, building work that is not— (a) self-assessable development under part 2; and (b) declared under the Building Act to be exempt development | Code assessment |
For declared fish habitat area | ||
2 | Building work in a declared fish habitat area if it is not self-assessable development under part 2 | Code assessment, if the chief executive is the assessment manager |
Table 2—Material change of use of premises | ||
Column 1 | Column 2 | Column 3 |
For an environmentally relevant activity | ||
1 | Making a material change of use of premises for an environmentally relevant activity that, under the Environmental Protection Regulation 2008 , section 16, is identified as a concurrence ERA (the relevant ERA), unless— (a) an environmental authority to carry out a concurrence ERA has been approved for the premises; and (b) the relevant ERA and concurrence ERA mentioned in paragraph (a) are to be carried out under the environmental authority; and (c) under the Environmental Protection Regulation 2008 , section 14 (1), the relevant ERA has a lower aggregate environmental score than the concurrence ERA mentioned in paragraph (a) | For a concurrence ERA that is devolved to a local government under the Environmental Protection Regulation 2008 , code assessment if the local government is the assessment manager For all other environmentally relevant activities, code assessment if the chief executive is the assessment manager |
For a brothel | ||
2 | Making a material change of use of premises for a brothel | Code assessment, if premises in an industrial area or on strategic port land Impact assessment, if premises in an area other than an industrial area or on strategic port land unless a local planning instrument, or amendment of a local planning instrument made after 1 July 2000, requires code assessment |
On strategic port land | ||
3 | Making a material change of use of premises on strategic port land that is inconsistent with the land use plan approved under the Transport Infrastructure Act, section 286 | Code assessment |
On airport land | ||
4 | Making a material change of use of premises on airport land that is inconsistent with the land use plan approved under the Airport Assets (Restructuring and Disposal) Act 2008 , chapter 3, part 1 | Code assessment, unless the land use plan requires impact assessment Impact assessment, if the land use plan requires impact assessment |
For a major hazard facility | ||
5 | Making a material change of use of premises for a major hazard facility or proposed major hazard facility | Code assessment, if the chief executive is the assessment manager |
For aquaculture | ||
10 | Making a material change of use of premises for aquaculture if it is not self-assessable development under part 2 | Code assessment, if the chief executive is the assessment manager |
For a wind farm | ||
11 | Making a material change of use of premises for a wind farm, unless all of the premises comprise land designated for community infrastructure for operating works under the Electricity Act 1994 for a wind farm | Code assessment, if— (a) all wind turbines for the wind farm are at least 1500m from a sensitive land use on a non-host lot; or (b) 1 or more wind turbines for the wind farm are less than 1500m from a sensitive land use on a non-host lot and the owner of the non-host lot has, by deed, agreed to the turbines being less than 1500m from the sensitive land useNote for paragraph (b)—See the Property Law Act 1974, section 45 for the formal requirements for deeds executed by individuals.Impact assessment, for all other circumstances |
Adjoining a Queensland heritage place | ||
12 | Making a material change of use of premises, other than an excluded material change of use, on a lot that— (a) shares a common boundary with a lot that is or contains a Queensland heritage place; or (b) contains a Queensland heritage place. | Code assessment |
Table 3—Reconfiguring a lot | ||
Column 1 | Column 2 | Column 3 |
Under the Land Title Act 1994 | ||
1 | Reconfiguring a lot under the Land Title Act 1994 , unless the reconfiguration requires compliance assessment under schedule 18, the reconfiguration is under a relevant instrument of lease or the plan of subdivision necessary for the reconfiguration— (a) is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or (b) is for the amalgamation of 2 or more lots; or (c) is for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41, of a lot with common property for a community titles scheme; or (d) is for the conversion, under the Body Corporate and Community Management Act 1997 , section 43, of lessee common property within the meaning of that Act to a lot in a community titles scheme; or (e) is in relation to the acquisition, including by agreement, under the Acquisition Act or otherwise, of land by—(i) a constructing authority, as defined under that Act, for a purpose set out in parts 1 to 13 (other than part 10, second dot point) of the schedule to that Act; or(ii) an authorised electricity entity; or (f) is for land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition Act, schedule, parts 1 to 13 (other than part 10, second dot point) whether or not the land relates to an acquisition; or (g) is for reconfiguring a lot comprising strategic port land; or | Code assessment, unless a planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies requires impact assessment |
(h) is for reconfiguring a South Bank lot within the corporation area under the South Bank Corporation Act 1989 ; or (i) is for the Transport Infrastructure Act, section 240; or (j) is in relation to the acquisition of land for a water infrastructure facility; or (k) is for land in a priority development area or that is PDA-associated land for a priority development area; or (l) is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 | ||
Table 4—Operational work | ||
Column 1 | Column 2 | Column 3 |
For clearing native vegetation | ||
1 | Operational work that is the clearing of native vegetation on— (a) freehold land; or (b) indigenous land; or (c) any of the following under the Land Act 1994 —(i) land subject to a lease;(ii) a road;(iii) trust land, other than indigenous land;(iv) unallocated State land;(v) land subject to a licence or permit; unless the clearing is— (d) on premises to which structure plan arrangements apply; or (e) clearing, or for another activity or matter, mentioned in schedule 24, part 1; or (f) clearing mentioned in schedule 24, part 2 for the particular land | Code assessment, if the chief executive is the assessment manager |
Associated with reconfiguration | ||
2 | Operational work for reconfiguring a lot, other than a lot in a priority development area or a lot that is PDA-associated land for a priority development area, if the reconfiguration is also assessable development | Code assessment |
For taking or interfering with water | ||
3 | Operational work (other than PDA-related development or work carried out on premises to which structure plan arrangements apply) that involves— (a) taking or interfering with water from a watercourse, lake or spring or from a dam constructed on a watercourse or lake, unless—(i) the taking or interfering is permitted under the Water Act 2000 , chapter 2, part 3, division 1; or(ii) the work is self-assessable development under part 2; or(iii) the work involves the replacement of a pump if the capacity of the new pump to take water is no greater than the capacity of the existing pump; or(iv) the work involves the installation of a pump to take water under a water entitlement if the water entitlement—(A) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence granted under the Water Act 2000 ; or(B) states the rate at which water may be taken; or(v) the interfering is authorised under a water licence and the work complies with the conditions of the licence; or | Code assessment, if the chief executive is the assessment manager |
(b) taking or interfering with underground water through an artesian bore as defined under the Water Act 2000 , schedule 4, other than through a monitoring bore; or (c) taking or interfering with underground water through a subartesian bore if the operations are prescribed as assessable development under a regulation under the Water Act 2000 ; or (f) taking overland flow water, if the operations are prescribed as assessable development under a regulation under the Water Act 2000 | ||
For referable dams | ||
4 | Operational work that is the construction of a dam, or is carried out in relation to a dam, if— (a) because of the work, the dam must be failure impact assessed; and (b) the accepted failure impact assessment for the dam states the dam has, or will have, a category 1 or category 2 failure impact rating | Code assessment, if the chief executive is the assessment manager |
For tidal works, or work within a coastal management district | ||
5 | Operational work (other than excluded work, work that is self-assessable development under part 2, table 4, item 8, PDA-related development or work carried out on premises to which structure plan arrangements apply) that is— (a) tidal works; or (b) any of the following carried out completely or partly within a coastal management district—(i) interfering with quarry material as defined under the Coastal Protection and Management Act on State coastal land above high-water mark;(ii) disposing of dredge spoil or other solid waste material in tidal water;(iii) constructing an artificial waterway;(iv) removing or interfering with coastal dunes on land, other than State coastal land, that is in an erosion prone area | Code assessment, if in a local government tidal area and a local government is the assessment manager Code assessment, if in a coastal management district and the chief executive is the assessment manager |
For constructing or raising waterway barrier works | ||
6 | Operational work that is the constructing or raising of waterway barrier works, other than operational work that is self-assessable development under part 2 or carried out on premises to which structure plan arrangements apply | Code assessment, if the chief executive is the assessment manager |
For works in a declared fish habitat area | ||
7 | Operational work completely or partly within a declared fish habitat area, other than operational work that is self-assessable development under part 2 | Code assessment, if the chief executive is the assessment manager |
For removal, destruction or damage of marine plants | ||
8 | Operational work that is the removal, destruction or damage of a marine plant, other than operational work that is— (a) for reconfiguring a lot that is assessable development under table 3, item 1, if there is a development permit in effect for the reconfiguration; or (b) for a material change of use that is assessable development, if there is a development permit in effect for the change of use; or (c) self-assessable development under part 2; or (d) PDA-related development; or (e) carried out on premises to which structure plan arrangements apply | Code assessment, if the chief executive is the assessment manager |
For a wetland protection area | ||
10 | Operational work that is high impact earthworks in a wetland protection area, other than operational work— (a) for a domestic housing activity; or (b) that is the natural and ordinary consequence of development involving—(i) a material change of use for which the chief executive or the chief executive (environment) was a concurrence agency under schedule 7, table 3, item 21A; or(ii) reconfiguring a lot for which the chief executive or the chief executive (environment) was a concurrence agency under schedule 7, table 2, item 43A; or (c) associated with government supported transport infrastructure or electricity infrastructure | Code assessment, if the chief executive is the assessment manager |
For construction of new levees or modification of existing levees | ||
11 | Operational work that is— (a) construction of a new category 2 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee | Code assessment |
12 | Operational work that is— (a) construction of a new category 3 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee | Impact assessment |
Table 5—Various aspects of development | ||
Column 1 | Column 2 | Column 3 |
For removal of quarry material | ||
1 | All aspects of development for removing quarry material from a watercourse or lake, other than development that is— (a) PDA-related development; or (b) carried out on premises to which structure plan arrangements apply | Code assessment, if the chief executive is the assessment manager |
Development on Queensland heritage place | ||
2 | All aspects of development on a Queensland heritage place, other than development— (a) for which an exemption certificate under the Queensland Heritage Act 1992 has been issued by the chief executive of the department in which that Act is administered; or (b) that, under section 78 of that Act, is liturgical development; or (c) carried out by the State; or (d) that is PDA-related development | Code assessment, if the chief executive is the assessment manager |
Development on local heritage place | ||
3 | (1) All aspects of development on a local heritage place, other than—(a) development that is self-assessable development under part 2, table 1, item 1; or(b) development to which chapter 9, part 5 of the Act applies; or(c) development carried out by the State on designated land; or(d) development mentioned in schedule 4; or(e) if the place is not a Queensland heritage place—development for which an exemption certificate under the Queensland Heritage Act 1992 has been issued by a local government (2) In this item— | Code assessment, unless a planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies requires impact assessment |
Development on strategic port land | ||
6 | All aspects of development on strategic port land, other than development mentioned in table 2, item 3, if the land use plan for the strategic port land approved under the Transport Infrastructure Act, section 286, states the development is assessable development | Code assessment |
Development on airport land | ||
7 | All aspects of development on airport land, other than development mentioned in table 2, item 4, if the land use plan for the airport land approved under the Airport Assets (Restructuring and Disposal) Act 2008 , chapter 3, part 1, states the development is assessable development | Code assessment, unless the land use plan requires impact assessment Impact assessment, if the land use plan requires impact assessment |
Development in a priority port’s master planned area | ||
8 | All aspects of development in a priority port’s master planned area, other than PDA-related development or development in a State development area, if the port overlay for the master planned area states the development is assessable development | If the port overlay requires impact assessment —impact assessment |
Table 1—Building work | |
By the State, a public sector entity or a local government | |
1 | Building work carried out by or on behalf of the State, a public sector entity or a local government, other than building work declared under the Building Act to be exempt development |
For the Building Act 1975 | |
2 | For assessing building work against the Building Act, building work declared under that Act to be self-assessable development |
For declared fish habitat area | |
3 | For assessing building work against the Fisheries Act, building work in a declared fish habitat area if the work is reasonably necessary for— (a) the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type—(i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs;(ii) powerlines or associated powerline infrastructure; or (b) educational or research purposes relating to the declared fish habitat area; or (c) monitoring the impact of development on the declared fish habitat area; or (d) the construction of structures, including, for example, safety signs, swimming enclosures and aids to navigation, if—(i) the impact on the area is minor; and(ii) the structures are constructed in compliance with all the requirements, under any Act, relating to a structure of that type |
Table 2—Material change of use of premises | |
For aquaculture | |
1 | For assessing a material change of use of premises against the Fisheries Act, making a material change of use of premises for aquaculture if the change of use of premises does not cause the discharge of waste into Queensland waters and the aquaculture— (a) is of indigenous freshwater fish species for aquarium display or human consumption only and is carried out—(i) in a river basin or catchment to which the species is native; and(ii) in ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or (b) is of indigenous freshwater fish for aquarium display or human consumption only, or non-indigenous freshwater fish for aquarium display only, and is carried out using only above-ground tanks—(i) that have a total floor area, excluding water storage area, of no more than 100m2; and(ii) that are impervious to predators and rainwater; or (c) is of indigenous marine fish for aquarium display only and is carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 100m2 |
Table 3—Reconfiguring a lot | |
1 | Table not used |
Table 4—Operational work | |
For taking or interfering with water | |
1 | For assessing operational work against the Water Act 2000 , operational work (other than PDA-related development or work carried out on premises to which structure plan arrangements apply) that involves— (a) taking or interfering with water in a watercourse, lake or spring if the operations are prescribed as self-assessable development under a regulation under the Water Act 2000 , unless—(i) the taking or interfering is permitted under the Water Act 2000 , chapter 2, part 3, division 1; or(ii) the work involves the replacement of a pump if the capacity of the new pump to take water is no greater than the capacity of the existing pump; or(iii) the work involves the installation of a pump to take water under a water entitlement if the water entitlement—(A) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence granted under the Water Act 2000 ; or(B) states the rate at which water may be taken; or(iv) the interfering is authorised under a water licence and the work complies with the conditions of the licence; or (b) taking or interfering with underground water through a subartesian bore if the operations are prescribed as self-assessable development under a regulation under the Water Act 2000 ; or (e) taking overland flow water, if the operations are prescribed as self-assessable development under a regulation under the Water Act 2000 |
For waterway barrier works | |
2 | For assessing operational work against the Fisheries Act, operational work for constructing or raising waterway barrier works (other than work carried out on premises to which structure plan arrangements apply), if the waterway barrier works are— (a) temporary; or (b) minor; or (c) rebuilt on a regular basis |
For works in a declared fish habitat area | |
3 | For assessing operational work against the Fisheries Act, operational work completely or partly within a declared fish habitat area if the works are reasonably necessary for— (a) the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type—(i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs;(ii) powerlines or associated powerline infrastructure; or (b) educational or research purposes relating to the declared fish habitat area; or (c) monitoring the impact of development on the declared fish habitat area; or (d) the construction or placement of structures, including, for example, safety signs, swimming enclosures and aids to navigation, if—(i) the impact on the area is minor; and(ii) the structures are constructed in compliance with all the requirements, under any Act, relating to a structure of that type; or (e) public benefit works, including, for example, the construction of runnels for mosquito control, the removal of Lyngbya and seed collection for site rehabilitation, if the impact on the area is minor |
For the removal, destruction or damage of marine plants | |
4 | For assessing operational work against the Fisheries Act, operational work (other than work on premises to which structure plan arrangements apply) that is the removal, destruction or damage of a marine plant if the removal, destruction or damage— (a) is of dead marine wood on unallocated State land for trade or commerce; or (b) is reasonably necessary for the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type—(i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs;(ii) drainage structures;(iii) powerlines or associated powerline infrastructure; or (c) is reasonably necessary for educational or research purposes or for monitoring the impact of development on marine plants; or (d) is reasonably necessary for the construction or placement of structures, including, for example, swimming enclosures, safety signs, aids to navigation, fences, pontoons, public boat ramps and pipelines, if—(i) the extent of the removal, destruction or damage is minor; and(ii) the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type; or (e) is reasonably necessary for the construction of runnels for mosquito control, removal of Lyngbya, seed collection for site rehabilitation or the collection of marine plants for fishing bait or handicraft |
For local government roads | |
5 | For assessing road works on a local government road, other than road works that are PDA-related development, under the Transport Planning and Coordination Act 1994 , section 8C, operational works that are road works on a local government road |
For wetland protection areas | |
6 | Operational work that is high impact earth works carried out for government supported transport infrastructure in a wetland protection area |
7 | Operational work that is high impact earth works carried out for electricity infrastructure in a wetland protection area |
For tidal works, or works within a coastal management district | |
8 | Operational work mentioned in part 1, table 4, item 5(a) or (b)(i) if— (a) the work is undertaken by a local government or the Gold Coast Waterways Authority under the Gold Coast Waterways Authority Act 2012 , or undertaken by or on behalf of the department administering the Transport Infrastructure Act or the Transport Planning and Coordination Act 1994 ; and (b) the work is mentioned in a code for the self-assessable operational work declared under the Coastal Protection and Management Regulation 2003 to be a code for IDAS |
For construction of new levees or modification of existing levees | |
9 | Operational work that is— (a) construction of a new category 1 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee |
sch 3 amd 2010 SL No. 35 s 25 sch 2; 2010 SL No. 76 s 9; 2011 SL No. 77 s 3; 2011 SL No. 88 s 13; 2011 SL No. 139 s 8; 2011 Act No. 40 s 107 sch; 2011 SL No. 246 s 8; 2011 Act No. 18 s 404 sch 4 pt 2 div 2; 2011 SL No. 240 s 821; 2011 SL No. 278 s 26; 2012 SL No. 118 s 3; 2013 SL No. 2 s 26; 2013 SL No. 28 s 6; 2013 SL No. 25 s 80; 2013 SL No. 114 s 8; 2013 No. 23 s 352 sch 1 pt 2; 2013 SL No. 258 s 9(1)–(3); 2013 SL No. 258 s 9(4) (amdt could not be given effect); 2013 Act No. 2 s 149; 2014 SL No. 63 s 4; 2014 Act No. 29 s 134; 2014 SL No. 149 s 9; 2014 SL No. 149 s 20; 2014 Act No. 40 s 154 sch 1 pt 3; 2015 SL No. 14 s 6; 2015 SL No. 107 s 12; 2014 Act No. 64 s 245; 2015 Act No. 28 s 54 sch 2; 2016 SL No. 62 s 18; 2016 SL No. 111 s 19; 2016 SL No. 210 s 5; 2014 Act No. 64 s 254 sch 1; 2016 SL No. 216 s 146 sch 20
Schedule 4 Development that can not be declared to be development of a particular type—Act, section 232(2)
Table 1—Building work | |
For a wind farm | |
1 | Building work for a wind farm |
Table 2—Material change of use of premises | |
For a class 1 or 2 building | |
1 | Making a material change of use of premises for a class 1 or 2 building under the BCA, part A3 if the use is for providing support services and short-term accommodation for persons escaping domestic violence |
For particular class 1 building or class 10 building or structure | |
2 | Making a material change of use of premises for a class 1(a)(i) building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a class 10 building or structure under the BCA if— (a) the use is for a residential purpose in a residential zone; and (b) for an existing class 1(a)(i) building or class 1(a)(ii) building comprising not more than 2 attached dwellings—the material change of use involves the repair, renovation, alteration or addition to the building; and (c) for a class 1(a) building not mentioned in paragraph (b)—there is no existing dwelling house on the premises; and (d) the development is not self-assessable development under a planning scheme, temporary local planning instrument, master plan or a preliminary approval to which section 242 of the Act applies; and |
(e) either—(i) no overlay, as identified in the planning scheme and relevant to assessment of the material change of use, applies to the premises for the material change of use; or(ii) only an overlay about bush fire hazards applies to the premises and the premises are less than 2000m2; and (f) for a class 1(a)(ii) building comprising not more than 2 attached dwellings—the local government for the planning scheme area has, by resolution, decided to apply this item to that class of building | |
For a wind farm | |
3 | Making a material change of use of premises for a wind farm |
Table 3—Reconfiguring a lot | |
Other than a lot within the meaning of the Land Title Act 1994 | |
1 | Reconfiguring a lot other than a lot within the meaning of the Land Title Act 1994 |
Under the Land Title Act 1994 | |
2 | Reconfiguring a lot under the Land Title Act 1994 , if the reconfiguration is under a relevant instrument of lease or the plan of subdivision necessary for the reconfiguration— (a) is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or (b) is for the amalgamation of 2 or more lots; or (c) is for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41, of a lot with common property for a community titles scheme; or (d) is for the conversion, under the Body Corporate and Community Management Act 1997 , section 43, of lessee common property within the meaning of that Act to a lot in a community titles scheme; or (e) is in relation to the acquisition, including by agreement, under the Acquisition Act or otherwise, of land by—(i) a constructing authority, as defined under that Act, for a purpose set out in parts 1 to 13 (other than part 10, second dot point) of the schedule to that Act; or(ii) an authorised electricity entity; or (f) is for land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition Act, schedule, parts 1 to 13 (other than part 10, second dot point), whether or not the land relates to an acquisition; or (g) is for reconfiguring a lot comprising strategic port land; or (h) is for the Transport Infrastructure Act, section 240; or (i) is in relation to the acquisition of land for a water infrastructure facility; or (j) is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 |
Table 4—Operational work | |
By or on behalf of a public sector entity | |
1 | Operational work or plumbing or drainage work (including maintenance and repair work) if the work— (a) is carried out by or on behalf of a public sector entity authorised under a State law to carry out the work; and (b) is not development mentioned in table 5, items 7 to 10D. |
For ancillary works and encroachments | |
2 | Operational work that is ancillary works and encroachments that are— (a) carried out in compliance with requirements specified by gazette notice by the chief executive administering the Transport Infrastructure Act; or (b) done as required by a contract entered into under the Transport Infrastructure Act, section 50, with the chief executive administering that Act |
For substitute railway crossing | |
3 | Operational work for the construction of a substitute railway crossing by a railway manager in response to an emergency under the Transport Infrastructure Act, section 169 |
Performed by railway manager | |
4 | Operational work performed by a railway manager, within the meaning of the Transport Infrastructure Act, under section 260 of that Act |
Under a rail feasibility investigator’s authority | |
5 | Operational work carried out under a rail feasibility investigator’s authority granted under the Transport Infrastructure Act |
Under the Coastal Protection and Management Act | |
6 | Operational work that is the digging or boring into land by an authorised person under the Coastal Protection and Management Act, section 134 |
7 | Operational work for an aid to navigation or sign for maritime navigation |
For subscriber connections | |
8 | Operational work for a subscriber connection |
For agriculture | |
9 | Operational work associated with— (a) management practices for the conduct of an agricultural use, other than—(i) the clearing of native vegetation; or(ii) operations of any kind and all things constructed or installed for taking or interfering with water (other than using a water truck to pump water) if the operations are for taking or interfering with water under the Water Act 2000 ; or (b) weed or pest control, unless it involves the clearing of native vegetation; or (c) the use of fire under the Fire and Emergency Services Act 1990 ; or (d) the conservation or restoration of natural areas; or (e) the use of premises for forest practices |
For removing quarry material | |
10 | Operational work for removing quarry material from a State forest, timber reserve, forest entitlement area or Crown land as defined under the Forestry Act 1959 |
For the removal, destruction or damage of marine plants | |
11 | Operational work that is the removal, destruction or damage of a marine plant |
Table 5—All aspects of development | |
Mining and petroleum activities | |
1 | Development for an activity authorised under— (a) the Mineral Resources Act 1989 , including an activity for the purpose of 1 or more of the following Acts—• Alcan Queensland Pty. Limited Agreement Act 1965• Central Queensland Coal Associates Agreement Act 1968• Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957• Mount Isa Mines Limited Agreement Act 1985• Queensland Nickel Agreement Act 1970• Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; or (b) the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 (other than an activity relating to the construction and operation of an oil refinery); or (c) the Petroleum (Submerged Lands) Act 1982 ; or (d) the Offshore Minerals Act 1998 |
2 | All aspects of development for a mining activity to which an environmental authority under the Environmental Protection Act applies |
3 | All aspects of development for petroleum activities |
Geothermal exploration | |
4 | Any aspect of development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 |
GHG storage activities | |
5 | Any aspect of development for a GHG storage activity carried out under a GHG authority under the Greenhouse Gas Storage Act 2009 |
Directed under a notice, order or direction under a State law | |
6 | All aspects of development a person is directed to carry out under a notice, order or direction made under a State law |
Community infrastructure activities | |
7 | All aspects of development— (a) for the maintenance, repair, augmentation, upgrading, duplication or widening of State-controlled road infrastructure; or (b) for ancillary works and encroachments carried out by the State; or (c) adjacent to a State-controlled road and ancillary to the construction, maintenance, repair, augmentation, upgrading, duplication or widening of the road, such as excavating, crushing, screening, cutting, filling, preparing road construction material (including concrete), storing materials, removing vegetation, dam building, site offices and worker accommodation |
8 | All aspects of development for the maintenance, repair, upgrading, augmentation or duplication of— (a) rail transport infrastructure; or (b) other rail infrastructure; or (c) miscellaneous transport infrastructure; or (d) busway transport infrastructure; or (e) light rail transport infrastructure |
9 | All aspects of development for a supply network for electricity, as defined under the Electricity Act 1994 , or for private electricity works that form an extension of or provide service connections to properties from the network, if the network operates at standard voltages up to and including 66kV, other than any aspect of development for— (a) the construction of a new zone substation or bulk supply substation; or (b) the augmentation of an existing zone or bulk supply substation if the input or output standard voltage is significantly increased |
10 | All aspects of development for— (a) the busway project known as Northern Busway (Windsor to Kedron) described in the document called ‘Northern Busway (Windsor to Kedron) Project Change Report’ of May 2008; and (b) the toll road project known as Airport Link described in the Coordinator-General’s report for the EIS, and change report, for the project under the State Development and Public Works Organisation Act 1971 Editor’s note— The documents mentioned in this item are held by, and are available for inspection on the website of, City North Infrastructure Pty Ltd ACN 123 249 874. |
10A | All aspects of development for the light rail project known as the Gold Coast Light Rail project to provide light rail transport infrastructure along the route shown on the map depicted in the Transport Operations (Passenger Transport) Regulation 2005 , schedule 7A |
10AA | All aspects of development for the light rail project known as the Gold Coast Light Rail Stage 2 project to provide light rail transport infrastructure along the route shown on the map called ‘Gold Coast Light Rail—Stage 2 General Arrangement’ dated 22 October 2015 Editor’s note— The map is available for inspection at the offices of the Department of Transport and Main Roads during business hours and on the department’s website. |
10B | All aspects of development for the rail project known as Moreton Bay Rail Link described in the document called ‘Moreton Bay Rail Link, Figure 01, Rev A’ Editor’s note— The document called ‘Moreton Bay Rail Link, Figure 01, Rev A’ is available for inspection at the offices of the Department of Transport and Main Roads during business hours and on the department’s website. |
10C | All aspects of development for the railway infrastructure project known as Cross River Rail to provide rail transport infrastructure along the route shown on the map called ‘Cross River Rail Proposed Alignment’ dated April 2016 Editor’s note— The map is available for inspection at the offices of the Department of Transport and Main Roads during business hours and on the Queensland Government website for the Cross River Rail project. |
10D | All aspects of development for the road infrastructure project known as the Toowoomba Second Range Crossing project to provide road infrastructure along the route shown on the map called ‘Toowoomba Second Range Crossing, Business case reference design’ dated April 2014 |
South Bank | |
13 | Development within the meaning of the South Bank Corporation Act 1989 , but only until the development completion date under that Act |
Priority development areas | |
14 | All aspects of PDA-related development |
For G20 radiocommunications works | |
15 | All aspects of development carried out on or before 30 June 2015 for the construction, installation, use, maintenance, repair, alteration, decommissioning, demolition or removal of G20 radiocommunications works |
Connections under SEQ Water Act | |
16 | All aspects of development for a connection under the SEQ Water Act, chapter 4C or any work for the purpose of the connection |
sch 4 amd 2010 SL No. 48 s 6; 2010 SL No. 76 s 10; 2010 SL No. 84 s 3; 2010 SL No. 98 s 4; 2010 SL No. 344 s 3; 2011 SL No. 77 s 4; 2011 SL No. 139 s 9; 2011 SL No. 266 s 3; 2012 SL No. 42 s 4 (disallowed 11 July 2012); 2012 SL No. 118 s 4; 2013 SL No. 2 s 27; 2013 SL No. 28 s 7; 2013 SL No. 25 s 81; 2013 SL No. 45 s 4; 2013 SL No. 114 s 9; 2013 SL No. 168 s 4; 2013 SL No. 197 s 3; 2013 SL No. 258 s 10; 2013 Act No. 2 s 150; 2014 SL No. 38 s 3; 2014 SL No. 47 s 4; 2014 Act No. 17 s 184 sch 1 pt 2; 2014 Act No. 16 s 34; 2014 SL No. 149 s 10; 2014 SL No. 236 s 7; 2015 SL No. 14 s 7; 2015 SL No. 127 s 4; 2016 SL No. 18 s 4; 2016 SL No. 62 s 19; 2016 SL No. 111 s 20; 2016 SL No. 210 s 6
Table 1—Building work | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
For the Building Act | |
1 Building work requiring code assessment under schedule 3, part 1, table 1, item 1 | The relevant provisions of the following, as they apply under the Building Act, chapter 4, part 1, division 1— (a) the Building Act, chapters 3 and 4; (b) any local law or local planning instrument that the division allows to apply to the assessment; (c) the Queensland Development Code; (d) the BCA |
Declared fish habitat area | |
2 Building work requiring code assessment under schedule 3, part 1, table 1, item 2 | If the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions |
Table 2—Material change of use | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Environmentally relevant activities | |
1 Development requiring code assessment under schedule 3, part 1, table 2, item 1 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency—the provisions of the Environmental Protection Regulation 2008 , chapter 3, part 1, division 3A. |
Certain brothels | |
2 Development requiring code assessment under schedule 3, table 2, item 2 | The IDAS code mentioned in the Prostitution Regulation 2014 , schedule 3 |
3 Development requiring impact assessment under schedule 3, table 2, item 2 | The following— (a) the IDAS code mentioned in the Prostitution Regulation 2014 , schedule 3; (b) the relevant provision of any local planning instrument |
Strategic port land | |
4 Development requiring code assessment under schedule 3, part 1, table 2, item 3 | (a) for the port authority as the assessment manager—the current land use plan approved under the Transport Infrastructure Act, section 286; and (b) for the Minister under the Transport Infrastructure Act, as the concurrence agency, section 287A of the Act |
Airport land | |
5 Development requiring code or impact assessment under schedule 3, part 1, table 2, item 4 | The current land use plan for the airport land approved under the Airport Assets (Restructuring and Disposal) Act 2008 , chapter 3, part 1 |
Major hazard facilities | |
6 Development requiring code assessment under schedule 3, part 1, table 2, item 5 | The relevant provisions of the State development assessment provisions |
Certain aquaculture | |
8 Development requiring code assessment under schedule 3, part 1, table 2, item 10 | If the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions |
Wind farms | |
9 Development requiring code assessment or impact assessment under schedule 3, part 1, table 2, item 11 | The relevant provisions of the State development assessment provisions |
Adjoining a Queensland heritage place | |
10 Development requiring code assessment under schedule 3, part 1, table 2, item 12 | The relevant provisions of the State development assessment provisions |
Table 3—Reconfiguring a lot | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Under the Land Title Act 1994 | |
1 Reconfiguring a lot requiring code or impact assessment under schedule 3, part 1, table 3, item 1 | The relevant provisions of any planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies |
Table 4—Operational works | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Clearing native vegetation | |
1 Development requiring code assessment under schedule 3, part 1, table 4, item 1 | If the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions |
Operational works associated with reconfiguring | |
2 Development requiring code assessment under schedule 3, part 1, table 4, item 2 | The relevant provisions of any applicable planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies |
Taking or interfering with water—generally | |
3 Development requiring code assessment under schedule 3, part 1, table 4, item 3, other than item 3(d) | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a referral agency—the relevant provisions of the Water Act 2000 |
Referable dams | |
5 Development requiring code assessment under schedule 3, part 1, table 4, item 4 | The relevant provisions of the State development assessment provisions |
Tidal works in local government tidal area | |
6 Tidal works—(a) in a local government tidal area; and(b) requiring code assessment under schedule 3, part 1, table 4, item 5; and(c) for which a local government is the assessment manager | The relevant provisions of the following— (a) the IDAS code in the Coastal Protection and Management Regulation 2003 , schedule 4A; (b) any applicable planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies. |
Tidal works, or work in a coastal management district | |
7 Tidal works or work in a coastal management district—(a) requiring code assessment under schedule 3, part 1, table 4, item 5; and(b) for which the chief executive is the assessment manager | If the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions |
Waterway barrier works | |
8 Development requiring code assessment under schedule 3, part 1, table 4, item 6 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency—the relevant provisions of the Fisheries Act |
Works in a declared fish habitat area | |
9 Development requiring code assessment under schedule 3, part 1, table 4, item 7 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency—the relevant provisions of the Fisheries Act |
Removal, destruction or damage of marine plants | |
10 Development requiring code assessment under schedule 3, part 1, table 4, item 8 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency—the relevant provisions of the Fisheries Act |
Construction of new levees or modification of existing levees | |
12 Construction of a new category 2 levee | the IDAS code in the Water Regulation 2016 , schedule 10 |
13 Modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee | the IDAS code in the Water Regulation 2016 , schedule 10 |
14 Construction of a new category 3 levee | (a) the IDAS code in the Water Regulation 2016 , schedule 10; and (b) if the chief executive is a referral agency—the relevant provisions of the State development assessment provisions |
15 Modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee | (a) the IDAS code in the Water Regulation 2016 , schedule 10; and (b) if the chief executive is a referral agency—the relevant provisions of the State development assessment provisions |
Table 5—Various aspects of development | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Strategic port land | |
1 On strategic port land other than development requiring code assessment under schedule 3, part 1, table 2, item 3 | The current land use plan approved under the Transport Infrastructure Act, section 286 |
Airport land | |
2 On airport land other than development requiring code or impact assessment under schedule 3, part 1, table 2, item 4, if the land use plan for the airport land approved under the Airport Assets (Restructuring and Disposal) Act 2008 , chapter 3, part 1 states the development is assessable development | The current land use plan for the airport land approved under the Airport Assets (Restructuring and Disposal) Act 2008 , chapter 3, part 1 |
Removing quarry material | |
3 Development requiring code assessment under schedule 3, part 1, table 5, item 1 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a referral agency—the relevant provisions of the Water Act 2000 |
Queensland heritage place | |
4 Development requiring code assessment under schedule 3, part 1, table 5, item 2 | The relevant provisions of the State development assessment provisions |
Local heritage place | |
5 Development requiring code assessment under schedule 3, part 1, table 5, item 3 | The following— (a) the IDAS code in the Queensland Heritage Regulation 2015 , schedule 2; (b) the relevant provision of any planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies |
Master planned area for a priority port | |
6 Development in a priority port’s master planned are if the port overlay for the master planned area states the development is assessable development | The current port overlay for the priority port’s master planned area |
Table 1—Building work | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
By the State, a public sector entity or a local government | |
1 Building work made self-assessable under schedule 3, part 2, table 1, item 1 | The relevant provisions of the following, as they apply under the Building Act, chapter 4, part 1, division 1— (a) the Building Act, chapters 3 and 4; (b) any local law or local planning instrument that the division allows to apply to the assessment; (c) the Queensland Development Code; (d) the BCA |
For the Building Act | |
2 Building work made self-assessable under schedule 3, part 2, table 1, item 2 | The relevant provisions of the following, as they apply under the Building Act, chapter 4, part 1, division 1— (a) the Building Act, chapters 3 and 4; (b) any local law or local planning instrument that the division allows to apply to the assessment; (c) the Queensland Development Code; (d) the BCA |
Declared fish habitat area | |
3 Building work made self-assessable under schedule 3, part 2, table 1, item 3 | The IDAS codes mentioned in the Fisheries Regulation 2008 , section 702 |
Table 2—Material change of use | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Certain aquaculture | |
1 Aquaculture made self-assessable under schedule 3, part 2, table 2, item 1 | The IDAS code mentioned in the Fisheries Regulation 2008 , section 703 |
Table 3—Reconfiguring a lot | |
1 Table not used | |
Table 4—Operational work | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Taking or interfering with water | |
1 Taking or interfering with water under the Water Act 2000 made self-assessable under schedule 3, part 2, table 4, item 1 | The codes mentioned in the Water Regulation 2016 , section 99 |
Waterway barrier works | |
2 Constructing or raising waterway barrier works made self-assessable under schedule 3, part 2, table 4, item 2 | The IDAS codes mentioned in the Fisheries Regulation 2008 , section 704 |
Works in a declared fish habitat area | |
3 Completely or partly within a declared fish habitat area made self-assessable under schedule 3, part 2, table 4, item 3 | The IDAS codes mentioned in the Fisheries Regulation 2008 , section 705 |
Removal, destruction or damage of marine plants | |
4 The removal, destruction or damage of a marine plant made self-assessable under schedule 3, part 2, table 4, item 4 | The IDAS codes mentioned in the Fisheries Regulation 2008 , section 706 |
Local government roads | |
5 Works on local government roads made self-assessable under schedule 3, part 2, table 4, item 5 | The code mentioned in the Transport Planning and Coordination Regulation 2005 , section 3 |
High impact earthworks in a wetland protection area | |
6 High impact earthworks for government supported transport infrastructure in a wetland protection area made self-assessable under schedule 3, part 2, table 4, item 6 | The code called ‘Self-assessable code—Wetland protection areas in Great Barrier Reef catchments’ under the State Planning Policy |
7 High impact earthworks for electricity infrastructure in a wetland protection area made self-assessable under schedule 3, part 2, table 4, item 7 | The code called ‘Self-assessable code—Wetland protection areas in Great Barrier Reef catchments’ under the State Planning Policy |
For tidal works, or works within a coastal management district | |
8 Operational work made self-assessable under schedule 3, part 2, table 4, item 8 | The code for the self-assessable operational work declared under the Coastal Protection and Management Regulation 2003 to be a code for IDAS |
Construction of new levees or modification of existing levees | |
9 Construction of a new category 1 levee | the code mentioned in the Water Regulation 2016 , section 99(c) |
10 Modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee | the code mentioned in the Water Regulation 2016 , section 99(c) |
sch 5 amd 2011 SL No. 77 s 5; 2011 SL No. 246 s 9; 2011 Act No. 18 s 404 sch 4 pt 2 div 2; 2013 SL No. 28 s 8; 2013 SL No. 25 s 82; 2013 SL No. 114 s 10; 2013 SL No. 197 s 4; 2013 SL No. 258 s 11; 2014 SL No. 63 s 5; 2014 SL No. 149 s 11; 2014 SL No. 192 s 27 sch 5; 2014 Act No. 40 s 154 sch 1 pt 3; 2014 SL No. 236 s 8; 2015 SL No. 44 s 16; 2015 SL No. 107 s 13; 2014 Act No. 64 s 246; 2015 Act No. 28 s 54 sch 2; 2016 SL No. 111 s 21; 2016 SL No. 210 s 7; 2016 SL No. 216 s 146 sch 20
section 12
See section 12(2) for the assessment manager for a development application for, or including, a material change of use for a wind farm.
Table 1 | |
Column 1 Application type | Column 2 Assessment manager |
Local government planning schemes and local government tidal areas | |
1 If the application is for—(a) development completely in a single local government area and—(i) any aspect of the development is assessable against the planning scheme, a temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies; or(ii) is for building work, that, under the Building Act, is assessable against the building assessment provisions; or(iii) is for reconfiguring a lot; or(iv) is for a brothel; or(v) is operational works associated with reconfiguring a lot; or(b) prescribed tidal work completely in a single local government tidal area; or(c) prescribed tidal work partly in a single local government tidal area and in no other local government tidal area or port authority’s strategic port land tidal area; or (d) prescribed tidal work starting in a local government tidal area and extending into another local government’s tidal area but in no port authority’s strategic port land tidal area; or | Local government |
(e) operational work mentioned in schedule 3, part 1, table 4, item 5(b)(iii) and the work is associated with reconfiguring a lot | |
Table 2 | |
Column 1 Application type | Column 2 Assessment manager |
Strategic port land and strategic port land tidal areas | |
1 If table 1 does 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 a single port authority’s strategic port land tidal area; or(c) tidal works partly in a single port authority’s strategic port land tidal area and in no local government tidal area or another port authority’s strategic port land tidal area | Port authority |
Airport land | |
2 If table 1 does 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 3 | |
Column 1 Application type | Column 2 Assessment manager |
Environmentally relevant activities | |
1 If tables 1 and 2 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 2008 , the local government for all other environmentally relevant activities mentioned in column 1, the chief executive |
Vegetation clearing | |
2 If tables 1 and 2 do not apply and the application is for—(a) operational work for the clearing of native vegetation; and(b) no other assessable development | The chief executive |
Taking or interfering with water | |
3 If tables 1 and 2 do not apply and the application is for—(a) operational work for the taking or interfering with water under the Water Act 2000 ; and(b) no other assessable development | The chief executive |
Referable dams | |
3A If tables 1 and 2 do not apply and the application is for—(a) operational work for the construction of a dam, or that is carried out in relation to a dam, if—(i) because of the work, the dam must be failure impact assessed; and(ii) the accepted failure impact assessment for the dam states the dam has, or will have, a category 1 or category 2 failure impact rating; and(b) no other assessable development | The chief executive |
Major hazard facilities | |
4 If tables 1 and 2 do not apply and the application is for—(a) material change of use for a major hazard facility or proposed major hazard facility; and(b) no other assessable development | The chief executive |
Quarrying in a watercourse or lake | |
5 If tables 1 and 2 do not apply and the application is for—(a) removing quarry material from a watercourse or lake; and(b) no other assessable development | The chief executive |
Tidal works or work within a coastal management district | |
6 If tables 1 and 2 do not apply and the application is for—(a) operational work that is—(i) tidal works not in a port authority’s strategic port land tidal area or in local government’s tidal area; or(ii) work carried out completely or partly within a coastal management district; and(b) no other assessable development | The chief executive |
Development on Queensland heritage place | |
7 If tables 1 and 2 do not apply and the application is for—(a) assessable development on a Queensland heritage place; and(b) no other assessable development | The chief executive |
Development on local heritage place | |
8 If tables 1 and 2 do not apply and the application is for—(a) assessable development on a local heritage place; and(b) no other assessable development | The local government for the place |
Aquaculture | |
10 If tables 1 and 2 do not apply and the application is for—(a) material change of use for aquaculture under the Fisheries Act; and(b) no other assessable development | The chief executive |
Fisheries development other than aquaculture | |
11 If tables 1 and 2 do not apply and the application is for—(a) building work in a declared fish habitat area or operational work that is 1 or more of the following—(i) constructing or raising waterway barrier works;(ii) work carried out completely or partly within a declared fish habitat area;(iii) removal, destruction or damage of a marine plant; and(b) no other assessable development | The chief executive |
Development in wetland protection area | |
13 If tables 1 and 2 do not apply and the application is for—(a) assessable development under schedule 3, part 1, table 4, item 10; and(b) no other assessable development | The chief executive |
Construction of new levees or modification of existing levees | |
14 If tables 1 and 2 do not apply and the application is for operational work that is—(a) construction of a new category 2 levee or a new category 3 levee; or(b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee or a category 3 levee | The local government for the local government area where the new levee is proposed to be constructed or the existing levee is located |
Table 4 | |
Column 1 Application type | Column 2 Assessment manager |
Applications involving multiple jurisdictions | |
1 If tables 1, 2 and 3 do not apply and the application is for—(a) 2 or more aspects of development mentioned in table 3, item 1(a), 2(a), 3(a), 4(a), 5(a), 6(a), 7(a), 9(a), 10(a), 11(a), 12(a) or 13(a); and(b) no other assessable development | The chief executive |
Table 5 | |
Column 1 Application type | Column 2 Assessment manager |
Decided by the Minister | |
1 Development not stated in tables 1 to 4 | The entity decided by the Minister administering the Act |
Table 6 | |
Column 1 Application type | Column 2 Assessment manager |
Concurrence agency assessment manager | |
1 An application—(a) for an aspect of development, a concurrence agency, under section 287 (1) (c) of the Act, told the assessment manager that approval for the aspect must be a preliminary approval only; and(b) if the preliminary approval states that the assessment manager does not require any further assessment of the proposal in relation to the development permit; and(c) if the application is for the development permit only for the aspect of development for which the preliminary approval was given | The entity that would have been the concurrence agency for the application |
sch 6 amd 2010 SL No. 76 s 11; 2011 SL No. 77 s 6; 2011 SL No. 246 s 10; 2011 Act No. 18 s 404 sch 4 pt 2 div 2; 2011 SL No. 240 s 822; 2012 SL No. 120 s 3; 2012 SL No. 118 s 5; 2013 SL No. 28 s 9; 2013 SL No. 25 s 83; 2013 SL No. 114 s 11; 2014 SL No. 63 s 6; 2014 SL No. 149 s 12; 2014 Act No. 40 s 154 sch 1 pt 3; 2016 SL No. 111 s 22; 2016 SL No. 210 s 8
Table 1—For building work assessable against the Building Act | ||
Column 1 Application involving | Column 2 Referral agency and type | Column 3 Referral jurisdiction |
Fire safety system—generally | ||
1 A fire safety system for a building or structure, other than a temporary structure or special structure as defined in the Building Act, schedule 2, if the building work—(a) requires special fire services mentioned in schedule 8, part 1; or(b) includes an alternative solution assessed against the performance requirements of the BCA, volume 1, or the Queensland Development Code, part 2.2, for the fire safety system; or(c) includes an alternative solution assessed against the relevant performance requirements of the BCA or the performance criteria stated in the Queensland Development Code, part 2.3, for the fire safety system | Queensland Fire and Emergency Service—as an advice agency | For the special fire services mentioned in schedule 8, part 1—the matters mentioned in schedule 8, part 2 For item 1(b) and (c)—the Building Act, chapters 3 and 4 |
Fire safety system—budget accommodation buildings | ||
2 A fire safety system for a budget accommodation building as defined in the Building Act, section 216, if the work involves a solution—(a) assessed against—(i) the performance criteria stated in the Queensland Development Code, part 2.1; or(ii) the performance requirements of the BCA, volumes 1 and 2, for the fire safety system; and(b) that includes fire safety management procedures as a condition of the use and occupation of the building | Queensland Fire and Emergency Service—as an advice agency | The fire safety management procedures under the Fire and Emergency Services Act 1990 |
Water-based fire safety installations | ||
2A A water-based fire safety installation 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 the performance criteria 3, 4 and 5 of the Queensland Development Code, part 6.1 | Queensland Fire and Emergency Service—as a concurrence agency | Compliance with the performance criteria 3, 4 and 5 of the Queensland Development Code, part 6.1. |
Fire safety system—farm buildings | ||
2AA Building work to which the Queensland Development Code, part 3.7, performance criteria P1 applies, if the building work includes an alternative solution assessed against performance criteria P1 | Queensland Fire and Emergency Service—as an advice agency | Compliance with the Queensland Development Code, part 3.7, performance criteria P1 |
2AB Building work to which the Queensland Development Code, part 3.7, performance criteria P3 applies, if the building work—(a) does not comply with the Queensland Development Code, part 3.7, acceptable solution A3(1)(a)(ii), (2) or (3); and(b) includes an alternative solution assessed against the Queensland Development Code, part 3.7, performance criteria P3 | Queensland Fire and Emergency Service—as an advice agency | Compliance with the Queensland Development Code, part 3.7, performance criteria P3 |
Residential care buildings | ||
3 A residential care building under the Queensland Development Code, part 2.2 | Queensland Fire and Emergency Service—as an advice agency | For item A2 of the acceptable solutions stated in the Queensland Development Code, part 2.2—compliance with the Queensland Development Code, part 2.2, schedule 2 For item P2 of the performance criteria stated in the Queensland Development Code, part 2.2—the fire and evacuation plan for the building under the Fire and Emergency Services Act 1990 |
Retail meat premises | ||
5 A retail meat premises if—(a) the Queensland Development Code, part 5.3, applies to the work; and(b) the work is required to comply with performance criteria for the work (other than by an acceptable solution) | Safe Food Queensland— as a concurrence agency | The performance criteria stated in the Queensland Development Code, part 5.3 |
Private health facilities | ||
6 A private health facility if—(a) the Queensland Development Code, part 5.5, applies to the work; and(b) the work is required to comply with performance criteria for the work (other than by an acceptable solution) | The chief health officer under the Health Act 1937 —as a concurrence agency | The performance criteria stated in the Queensland Development Code, part 5.5 |
State-controlled road | ||
8 Building work if—(a) any part of the land is—(i) within 25m of a State-controlled road; or(ii) future State-controlled road; and(b) the building work is not associated with—(i) a material change of use mentioned in table 3, item 1; or(ii) reconfiguring a lot mentioned in table 2, item 2; or(iii) government supported transport infrastructure; and | The chief executive—as a concurrence agency | The purpose of the Act |
(c) the building work is for a non-residential purpose; and(d) the building work involves the redirection or intensification of site stormwater from the land, through a pipe with a cross-sectional area greater than 625cm2, to a State-controlled road or future State-controlled road | ||
Pastoral workers’ accommodation | ||
9 Pastoral worker’s accommodation if—(a) the Queensland Development Code, part 5.6, applies to the work; and(b) the work is required to comply with the performance criteria for accommodation stated in the part (other than by an acceptable solution) | The chief executive administering the Pastoral Workers’ Accommodation Act 1980 —as a concurrence agency | The performance criteria stated in the Queensland Development Code, part 5.6 |
Coastal management districts | ||
11 Building work on land completely or partly seaward of a coastal building line under the Coastal Protection and Management Act | The chief executive—as a concurrence agency | The purpose of the Act |
Queensland heritage place | ||
12 Building work on a Queensland heritage place | The chief executive—as a concurrence agency | The purpose of the Act |
Local heritage place | ||
13 Building work on a local heritage place | The local government—as a concurrence agency | The following— (a) IDAS code in the Queensland Heritage Regulation 2015 , schedule 2; (b) the relevant provision of any planning scheme |
Public passenger transport | ||
14 Building work on future public passenger transport corridor, if the building work is not associated with—(a) reconfiguring a lot mentioned in table 2, item 33; or(b) a material change of use mentioned in table 3, item 14; or(c) government supported transport infrastructure | The chief executive—as a concurrence agency | The purpose of the Act |
Railways | ||
16 Building work on future railway land, if the building work is not associated with—(a) reconfiguring a lot mentioned in table 2, item 34; or(b) a material change of use mentioned in table 3, item 15A; or(c) government supported transport infrastructure | The chief executive—as a concurrence agency | The purpose of the Act |
Amenity and aesthetic impact of particular building work | ||
17 Building work for a building or structure if it is—(a) a single detached class 1(a)(i) building, class 1(a)(ii) building comprising 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—(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 | The local government— as a concurrence agency | The amenity and aesthetic impact of the building or structure if the building work is carried out |
Whether particular buildings may be occupied for residential purposes | ||
18 Building work for a building, other than a class 1, 2, 3 or 4 building, for residential purposes | The local government— as a concurrence agency | Approval to use the building for residential purposes |
Design and siting | ||
19 If—(a) the Queensland Development Code, part 1.1, 1.2 or 1.3 applies for building work; and(b) under the part, the proposed building or structure does not include an acceptable solution for a relevant performance criteria under the part | The local government— as a concurrence agency | Whether the proposed building or structure complies with the performance criteria |
20 If—(a) under the Building Act, section 33, an alternative provision applies for the building work; and(b) under the provision, the proposed building or structure is not of the quantifiable standard for a relevant qualitative statement under the provision | The local government— as a concurrence agency | Whether the proposed building or structure complies with the qualitative statement |
21 If—(a) under the Building Regulation 2006 , section 10, a local planning instrument makes a provision about a matter provided for under performance criteria 4, 5, 7, 8 or 9 of the Queensland Development Code, part 1.1 or 1.2; and(b) the provision applies for building work; and(c) under the provision, the proposed building or structure is not of the quantifiable standard for a relevant qualitative statement under the provision | The local government— as a concurrence agency | Whether the proposed building or structure complies with the qualitative statement |
Fire safety in particular budget accommodation buildings | ||
22 Building work required to ensure a building complies, under the Building Act, section 220, with the fire safety standard under that Act | The local government— as a concurrence agency | Whether, after the building work is completed, the building will comply with the fire safety standard under the Building Act |
Higher risk personal appearance services | ||
23 Building work if—(a) the Queensland Development Code, part 5.2, applies to the work; and(b) the work does not comply with an acceptable solution stated in the part | The local government— as a concurrence agency | Whether the building work complies with the performance criteria mentioned in the part that are relevant to the acceptable solution |
Building work for residential service | ||
24 Building work for premises in which a residential service under the Residential Services (Accreditation) Act 2002 , section 4, is conducted, or is proposed to be conducted | The local government— as a concurrence agency | Whether, if the building work is carried out, the premises would comply with the requirements stated in the Queensland Development Code, part 5.7 |
Building work for removal or rebuilding | ||
25 Building work relating to any of the following—(a) the removal of a building or other structure, whether for rebuilding at another site or not;(b) the rebuilding of a building or other structure removed from another site | The local government— as a concurrence agency | Deciding— (a) whether the local government should require security, of no more than the value of the building work, for the performance of the work; and (b) if security is required—its amount and form |
Building work for particular class 1 buildings | ||
26 Building work for a class 1(a)(i) building, or a class 1(a)(ii) building comprising not more than 2 attached dwellings, if any material change of use associated with the building work—(a) is for a residential purpose in a residential zone; and(b) would have required a development permit if schedule 4, table 2, item 2 did not apply for the use | The local government— as a concurrence agency | The provisions of the planning scheme that would apply for the development application if schedule 4, table 2, item 2 did not apply for the use |
Temporary accommodation buildings | ||
27 Building work for a temporary accommodation building as defined under the Building Regulation 2006 , section 54A if—(a) the Queensland Development Code, part 3.3 applies to the work; and(b) the requirements of acceptable solution A1 stated in the part are not complied with | The local government— as a concurrence agency | Performance criteria 1 of the Queensland Development Code, part 3.3 |
Building work for Queensland Development Code, part 1.4 | ||
27A Building work if—(a) the Queensland Development Code, part 1.4 applies to the work in relation to a sewer, water main or stormwater drain; and(b) 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(c) the relevant service provider is not the applicant | The relevant service provider—as a concurrence agency | Whether the proposed building or structure complies with the performance criteria in relation to the sewer, water main or stormwater drain. |
Building work for Queensland Development Code, part 4.1 | ||
28 Building work for development to which item P12 of the performance criteria stated in the Queensland Development Code, part 4.1, applies if the building development application does not cover end of trip facilities under that item | The local government— as a concurrence agency | Whether the proposed development complies with item P12 of the performance criteria stated in the Queensland Development Code, part 4.1 |
Building work for class 1 buildings on premises with on-site wastewater management system | ||
29 Building work for a class 1 building if—(a) the building is on premises that have an on-site wastewater management system, as defined under the QPW code, installed; and(b) the work involves adding one or more bedrooms to the building | The local government— as a concurrence agency | Compliance with the QPW code, part 1, performance criteria P2 |
Flood hazard area | ||
30 Building work for a lot if—(a) the lot is in a flood hazard area; and(b) the local government has declared under the Building Regulation 2006 , section 13 a defined flood level for the part of the flood hazard area within which the lot is located; and(c) the defined flood level stated in the building development application is lower than the defined flood level declared by the local government | The local government— as a concurrence agency | Whether the defined flood level stated in the building development application is appropriate having regard to all or any of the following— (a) any flood modelling carried out for the lot or all or part of the flood hazard area within which the lot is located; (b) any recorded flood levels for all or part of the flood hazard area within which the lot is located; (c) any other matter the local government considers relevant |
31 Building work for a lot if—(a) the lot is in a flood hazard area; and(b) the local government has declared under the Building Regulation 2006 , section 13 a maximum flow velocity of water for the part of the flood hazard area within which the lot is located; and(c) the maximum flow velocity of water stated in the building development application is lower than the maximum flow velocity of water declared by the local government | The local government— as a concurrence agency | Whether the maximum flow velocity of water stated in the building development application is appropriate having regard to all or any of the following— (a) any flood modelling carried out for the lot or all or part of the flood hazard area within which the lot 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 lot is located; or(ii) the part of the lot on which the building work is to be carried out; (c) any other matter the local government considers relevant |
Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) | ||
Column 1 Application involving | Column 2 Referral agency and type | Column 3 Referral jurisdiction |
Environmentally relevant activities | ||
1 A material change of use for an environmentally relevant activity made assessable under schedule 3, part 1, table 2, item 1 | (a) for an environmentally relevant activity that is devolved to a local government under the Environmental Protection Regulation 2008 , the local government—as a concurrence agency (b) for all other environmentally relevant activities mentioned in column 1, the chief executive—as a concurrence agency | For an environmentally relevant activity mentioned opposite in column 2, paragraph (a), the purposes of the Environmental Protection Act to the extent it applies to each environmental objective mentioned in the Environmental Protection Regulation 2008 , schedule 5, part 3, table 2 For an environmentally relevant activity mentioned opposite in column 2, paragraph (b), the purpose of the Act |
State-controlled road | ||
2 Reconfiguring a lot if—(a) any part of the land—(i) is within 25m of a State-controlled road; or(ii) is future State-controlled road; or(iii) abuts a road that intersects with a State-controlled road that is within 100m of the land; and(b) 1 or more of the following apply—(i) the total number of lots is increased;(ii) the total number of lots abutting the State-controlled road is increased;(iii) there is a new or changed access between the land and the State-controlled road | The chief executive—as a concurrence agency | The purpose of the Act |
3 Operational work, other than work associated with a material change of use mentioned in table 3, item 1, operational work associated with reconfiguring a lot mentioned in item 2 of this table, or work for government supported transport infrastructure, if—(a) any part of the land—(i) is within 25m of a State-controlled road; or(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 land, through a pipe with a cross-sectional area greater than 625cm2, to a State-controlled road or future State-controlled road | The chief executive—as a concurrence agency | The purpose of the Act |
Clearing vegetation | ||
4 Reconfiguring a lot if—(a) a lot to which the application relates 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 exempt operational work, other than operational work that is only the clearing of regulated regrowth vegetation, could be carried out | The chief executive—as a concurrence agency | The purpose of the Act |
5 Operational work, not associated with reconfiguring a lot mentioned in item 4 or a material change of use mentioned in table 3, item 10, for clearing native vegetation made assessable under schedule 3, part 1, table 4, item 1 | The chief executive—as a concurrence agency | The purpose of the Act |
Strategic port land | ||
6 A material change of use on strategic port land made assessable under schedule 3, part 1, table 2, item 3 | The Minister under the Transport Infrastructure Act—as a concurrence agency | The purposes of the Transport Infrastructure Act |
Major hazard facilities | ||
8 Material change of use of premises for a major hazard facility or proposed major hazard facility | The chief executive—as a concurrence agency | The purpose of the Act |
Taking or interfering with water | ||
9 Operational work for taking or interfering with water under the Water Act 2000 made assessable under schedule 3, part 1, table 4, item 3 | The chief executive—as a concurrence agency | The purpose of the Act |
Referable dams | ||
11 Operational work for the construction of a dam, or that is carried out in relation to a dam, made assessable under schedule 3, part 1, table 4, item 4 | The chief executive—as a concurrence agency | The purpose of the Act |
Removal of quarry material | ||
12 Development, for the removal of quarry material, made assessable under schedule 3, part 1, table 5, item 1 | The chief executive—as a concurrence agency | The purpose of the Act |
Tidal works, or development in a coastal management district | ||
13 Operational work made assessable under schedule 3, part 1, table 4, item 5, other than—(a) prescribed tidal work in a canal; or(b) work that is for the installation, maintenance or repair of overhead cables or lines that extend over tidal water; or(c) work that is for the construction, installation, maintenance or repair of pipelines, cables or lines under tidal water | The chief executive—as a concurrence agency | The purpose of the Act |
14 Reconfiguring a lot made assessable under schedule 3, part 1, table 3, item 1 if—(a) the land is situated completely or partly within a coastal management district; or(b) the reconfiguration is in connection with the construction of a canal | The chief executive—as a concurrence agency | The purpose of the Act |
15 Operational work in tidal waters, other than work for government supported transport infrastructure, or work carried out by the Gold Coast Waterways Authority under the Gold Coast Waterways Authority Act 2012 , made assessable under schedule 3, part 1, table 4, item 5, that is—(a) tidal works, other than the following tidal works in Gold Coast waters—(i) a boat ramp, jetty or private single vessel pontoon; or(ii) a drainage outlet; or(iii) a stormwater outlet; or(iv) a revetment wall associated with a thing mentioned in subparagraphs (i) to (iii); 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 | The chief executive—as a concurrence agency | The purpose of the Act |
15B Operational work made assessable under schedule 3, part 1, table 4, item 5, carried out in Gold Coast waters that 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 | The Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012 —as a concurrence agency | The purposes of the Gold Coast Waterways Authority Act 2012 |
16 Development on land below high-water mark and within the limits of a port under the Transport Infrastructure Act if the development is—(a) within 200m of a shipping channel or an entry and exit shipping corridor for the port; or(b) within 100m of a swing basin, a commercial shipping wharf, a mooring, anchorage or spoil grounds; or(c) within 1000m of a planned port facility identified in a land use plan | The chief executive of the port authority for the land—as a concurrence agency | Port authority functions under the Transport Infrastructure Act, chapter 8, part 3 |
17 Development on land below high-water mark and within the limits of a port under the Transport Infrastructure Act, other than development in an area mentioned in item 16 | The chief executive of the port authority for the land—as an advice agency | Port authority functions under the Transport Infrastructure Act, chapter 8, part 3 |
18 Operational work made assessable under schedule 3, part 1, table 4, item 5, that—(a) is tidal works; and(b) involves a marina, as defined under the Transport Operations (Marine Pollution) Act 1995 , with more than 6 vessel berths | Queensland Fire and Emergency Service—as an advice agency | The fire safety management procedures under the Fire and Emergency Services Act |
Queensland heritage place | ||
19 Development on a Queensland heritage place made assessable under schedule 3, part 1, table 5, item 2 | The chief executive—as a concurrence agency | The purpose of the Act |
Adjoining a Queensland heritage place | ||
19A A material change of use of premises made assessable under schedule 3, part 1, table 2, item 12 | The chief executive—as a concurrence agency | The purpose of the Act |
Electricity infrastructure | ||
21 Reconfiguring a lot if—(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 under that Act; or(b) any part of the lot is situated within 100m of a substation site | The chief executive of the entity—as an advice agency | The purposes of the Electricity Act 1994 and the Electrical Safety Act 2002 |
Land contaminated because of unexploded ordnance | ||
22 Reconfiguring a lot if all or part of the premises are in an area for which a UXO area management advice has been given | The chief executive—as a concurrence agency | The purpose of the Act |
Works or other development in a fish habitat area | ||
25 Building work in a declared fish habitat area made assessable under schedule 3, part 1, table 1, item 2 | The chief executive—as a concurrence agency | The purpose of the Act |
26 Operational work, completely or partly within a declared fish habitat area, made assessable under schedule 3, part 1, table 4, item 7 | The chief executive—as a concurrence agency | The purpose of the Act |
Certain aquaculture | ||
28 A material change of use of premises for aquaculture made assessable under schedule 3, part 1, table 2, item 10 | The chief executive—as a concurrence agency | The purpose of the Act |
Constructing or raising waterway barrier works | ||
29 Operational work that is the constructing or raising of a waterway barrier works made assessable under schedule 3, part 1, table 4, item 6 | The chief executive—as a concurrence agency | The purpose of the Act |
Removal, destruction or damage of marine plants | ||
30 Operational work that is the removal, destruction or damage of a marine plant made assessable under schedule 3, part 1, table 4, item 8 | The chief executive—as a concurrence agency | The purpose of the Act |
31 Reconfiguring a lot, if the reconfiguration involves operational work that is the removal, destruction or damage of a marine plant and there is no development permit for the operational work | The chief executive—as a concurrence agency | The purpose of the Act |
32 A material change of use of premises, if the material change of use involves operational work that is the removal, destruction or damage of a marine plant and there is no development permit for the operational work | The chief executive—as a concurrence agency | The purpose of the Act |
Public passenger transport | ||
33 Reconfiguring a lot if any part of the land is—(a) within 25m of a public passenger transport corridor and 1 or both of the following apply—(i) the total number of lots is increased;(ii) an easement abutting the corridor is created; or(b) future public passenger transport corridor | The chief executive—as a concurrence agency | The purpose of the Act |
Railways | ||
34 Reconfiguring a lot if any part of the land is—(a) within 25m of a railway or future railway land and 1 or both of the following apply—(i) the total number of lots is increased;(ii) an easement abutting the railway or future railway land is created; or(b) future railway land | The chief executive—as a concurrence agency | The purpose of the Act |
State-controlled transport tunnels | ||
34A Reconfiguring a lot if any part of the land is, or is within 50m of—(a) a State-controlled transport tunnel; or(b) a future State-controlled transport tunnel | The chief executive—as a concurrence agency | The purpose of the Act |
Oil and gas infrastructure | ||
35 Reconfiguring a lot if any part of the lot is subject to an easement in favour of the holder of pipeline licence number 1 issued under the Petroleum Act 1923 and the easement is for the construction or operation of the Moonie to Brisbane strategic pipeline under that Act | If the holder of the licence is not an individual, the chief executive of the holder—as an advice agency If the holder of the licence is an individual, the holder—as an advice agency | The purposes of the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act 2004 |
Regional plans | ||
39 Reconfiguring a lot to which division 3 of the State planning regulatory provisions for the SEQ region applies | The chief executive —as a concurrence agency | The State planning regulatory provisions for the SEQ region |
Land in or near a wetland | ||
43A Reconfiguring a lot if—(a) any part of the land is situated 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 that is high impact earthworks in a wetland protection area, other than for a domestic housing activity | The chief executive—as a concurrence agency | The purpose of the Act |
43B Operational work made assessable under schedule 3, part 1, table 4, item 10 if the chief executive is not the assessment manager | The chief executive —as a concurrence agency | The purpose of the Act |
Construction of new levees or modification of existing levees | ||
48 Operational work that is—(a) construction of a new category 3 levee; or(b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee | The chief executive—as a concurrence agency | The purpose of the Act |
Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions | ||
Column 1 Application involving | Column 2 Referral agency and type | Column 3 Referral jurisdiction |
State-controlled road | ||
1 Making a material change of use of premises, other than an excluded material change of use, if any part of the land—(a) is within 25m of a State-controlled road; or(b) is future State-controlled road; or(c) abuts a road that intersects with a State-controlled road within 100m of the land | The chief executive—as a concurrence agency | The purpose of the Act |
1A Operational work, other than work associated with a material change of use mentioned in item 1 of this table, operational work associated with reconfiguring a lot mentioned in table 2, item 2, or work for government supported transport infrastructure, if—(a) any part of the land—(i) is within 25m of a State-controlled road; or(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 land, through a pipe with a cross-sectional area greater than 625cm2, to a State-controlled road or future State-controlled road | The chief executive—as a concurrence agency | The purpose of the Act |
Development impacting on State transport infrastructure | ||
2 An aspect of development identified in schedule 9 that—(a) is for a purpose mentioned in schedule 9, column 1; and(b) meets or exceeds the threshold—(i) for development in LGA population 1— mentioned in schedule 9, column 2 for the purpose; or(ii) for development in LGA population 2— mentioned in schedule 9, column 3 for the purpose; and(c) for development in LGA population 1—is not for accommodation activities at premises wholly or partly in the excluded area.However, if the development is for a combination of purposes mentioned in the same item of schedule 9, the threshold is for the combination of purposes and not for each purpose individually. | The chief executive—as a concurrence agency | The purpose of the Act |
Coastal management districts | ||
5 Material change of use, 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 GFA of at least 1000m2; or(ii) the enlargement of the GFA of existing premises by more than 1000m2 | The chief executive—as a concurrence agency | The purpose of the Act |
Land designated for community infrastructure | ||
6 Development on land designated for community infrastructure—(a) intended to be supplied by a public sector entity; and(b) on land not owned by or on behalf of the State; and(c) other than development—(i) for the designated purpose; or(ii) carried out by, or on behalf of, the designator | The chief executive—as a concurrence agency | The purpose of the Act |
Electricity infrastructure | ||
7 A material change of use 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 easement is for a transmission grid or supply network under that Act; and(b) 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 | The chief executive of the entity—as an advice agency | The purposes under the Electricity Act 1994 and the Electrical Safety Act 2002 |
8 A material change of use not associated with reconfiguring a lot if any part of the premises is situated within 100m of a substation site | The chief executive of the entity—as an advice agency | The purposes under the Electricity Act 1994 and the Electrical Safety Act 2002 |
9 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 | The chief executive of the entity—as an advice agency | The purposes under the Electricity Act 1994 and the Electrical Safety Act 2002 |
Clearing vegetation | ||
10 Material change of use of a lot that is 5ha or larger, if—(a) for development for which a preliminary approval is sought under the Act, section 242, the lot contains native vegetation shown on the regulated vegetation management map as a category A area or category B area; or(b) for other development that is not sole or community residence clearing—(i) additional exempt operational work could 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; and(ii) the additional exempt 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 issued under the Land Act 1994 for agriculture or grazing purposes | The chief executive—as a concurrence agency | The purpose of the Act |
Land contaminated because of unexploded ordnance | ||
11 Material change of use of premises if all or part of the premises are in an area for which a UXO area management advice has been given | The chief executive—as a concurrence agency | The purpose of the Act |
Regional plans | ||
12 A material change of use to which division 2 of the State planning regulatory provisions for the SEQ region applies | The chief executive administering the Act—as a concurrence agency | The State planning regulatory provisions for the SEQ region |
Public passenger transport | ||
14 Development—(a) that is either—(i) a material change of use of premises, other than an excluded material change of use; or(ii) operational work (other than work associated with a material change of use of premises, reconfiguring a lot as mentioned in table 2, item 33 or government supported transport infrastructure) that—(A) is associated with access to a public passenger transport corridor or a future public passenger corridor; or(B) involves extracting, excavating or filling more than 50m3; and(b) if any part of the land is—(i) within 25m of a public passenger transport corridor; or(ii) future public passenger transport corridor | The chief executive—as a concurrence agency | The purpose of the Act |
Railways | ||
15A A material change of use of premises, other than an excluded material change of use, if any part of the land is—(a) within 25m of a railway or future railway land; or(b) future railway land | The chief executive—as a concurrence agency | The purpose of the Act |
15B Operational work involving extracting, excavating or filling more than 50m3, other than work associated with a material change of use mentioned in item 15A(a) of this table, reconfiguring a lot mentioned in table 2, item 34, or government supported transport infrastructure, if the land is—(a) within 25m of a railway or future railway land; or(b) future railway land | The chief executive—as a concurrence agency | The purpose of the Act |
State-controlled transport tunnels | ||
15C A material change of use of premises, or operational work other than work associated with a material change of use of premises or reconfiguring a lot as mentioned in table 2, item 34A, if the land 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 | The chief executive—as a concurrence agency | The purpose of the Act |
Oil and gas infrastructure | ||
16 A material change of use not associated with reconfiguring a lot if—(a) any part of the lot is subject to an easement in favour of the holder of pipeline licence number 1 issued under the Petroleum Act 1923 and the easement is for the construction or operation of the Moonie to Brisbane strategic pipeline under that Act; and(b) 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 | If the holder of the licence is not an individual, the chief executive of the holder—as an advice agency If the holder of the licence is an individual, the holder—as an advice agency | The purposes of the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act 2004 |
17 Operational work that is filling, excavation, compaction, drilling, boring or piling not associated with reconfiguring a lot, if any part of the premises is subject to an easement in favour of the holder of pipeline licence number 1 issued under the Petroleum Act 1923 and the work is located completely or partly in the easement | If the holder of the licence is not an individual, the chief executive of the holder—as an advice agency If the holder of the licence is an individual, the holder—as an advice agency | The purposes of the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act 2004 |
Land in or near a wetland | ||
21A Material change of use, other than a material change of use relating to a domestic housing activity, government supported transport infrastructure or electricity infrastructure, if—(a) any part of the land 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 | The chief executive—as a concurrence agency | The purpose of the Act |
Removal, destruction or damage of marine plants | ||
25 A material change of use of premises if the material change of use involves operational work that is the removal, destruction or damage of marine plants, and there is no development permit in effect for the operational work | The chief executive—as a concurrence agency | The purpose of the Act |
sch 7 amd 2009 SL No. 313 s 4; 2010 SL No. 48 s 7; 2010 SL No. 76 s 12; 2010 SL No. 98 s 5; 2010 SL No. 148 s 16; 2010 SL No. 69 s 7; 2010 Act No. 20 s 72; 2010 SL No. 324 s 6; 2011 SL No. 66 s 5; 2011 SL No. 77 s 7; 2011 SL No. 246 s 11; 2011 SL No. 252 s 5; 2011 SL No. 265 s 34; 2011 Act No. 18 s 404 sch 4 pt 2; 2011 SL No. 240 s 823; 2011 Act No. 47 s 297; 2012 SL No. 42 s 5 (disallowed 11 July 2012); 2012 SL No. 118 s 6; 2012 SL No. 186 s 12; 2012 SL No. 167 s 51; 2012 SL No. 232 s 12; 2013 SL No. 28 s 10; 2013 SL No. 25 s 84; 2013 Act No. 23 s 205; 2013 SL No. 114 s 12; 2013 SL No. 197 s 5; 2013 SL No. 217 s 10; 2013 SL No. 236 s 6; 2013 SL No. 258 s 12; 2013 SL No. 304 s 10; 2013 SL No. 257 s 12; 2014 SL No. 47 s 5; 2014 SL No. 63 s 7; 2014 Act No. 17 s 184 sch 1 pts 2, 4; 2014 SL No. 88 s 22; 2014 SL No. 149 s 13; 2014 Act No. 40 s 154 sch 1 pt 3; 2014 SL No. 236 s 9; 2015 SL No. 14 s 8; 2015 SL No. 30 s 8; 2015 SL No. 44 s 17; 2015 SL No. 107 s 14; 2014 Act No. 64 s 247; 2014 SL No. 334 s 43; 2015 SL No. 156 s 4; 2016 SL No. 40 s 10; 2016 SL No. 210 s 9
sections 21A (1) and 21G (1)
See also sections 21B to 21F.
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 | 8818.00 | |
(b) if the development is inconsistent with the Brisbane port LUP and requires— | ||
(i) code assessment | 13,858.00 | |
(ii) impact assessment | 25,195.00 | |
Airport land | ||
2 | Development mentioned in schedule 6, table 2, item 2 | 1511.00 |
Environmentally relevant activities | ||
3 | Development mentioned in schedule 6, table 3, item 1(a)— | |
(a) if the environmentally relevant activity involves intensive animal feedlotting, pig keeping or poultry farming | 3024.00 | |
(b) otherwise— | ||
(i) if the aggregate environmental score for the environmentally relevant activity is 25 or less | 1511.00 | |
(ii) if the aggregate environmental score for the environmentally relevant activity is more than 25, but no more than 74 | 3024.00 | |
(iii) if the aggregate environmental score for the environmentally relevant activity is more than 74 | 12,095.00 | |
Vegetation clearing | ||
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 regional ecosystem or of concern regional ecosystem | 6048.00 | |
(B) otherwise | 3024.00 | |
(ii) if the total area to be cleared is more than 30ha | 12,095.00 | |
(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 | 6048.00 | |
(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 less than 5ha and is for establishing a necessary fence, firebreak, road or vehicular track, or necessary built infrastructure | 3024.00 | |
(ii) for fodder harvesting | 3024.00 | |
(iii) for thinning | 3024.00 | |
(iv) the clearing of encroachment | 3024.00 | |
(v) necessary for controlling non-native vegetation or declared pests | nil | |
(vi) necessary for ensuring public safety | nil | |
(d) otherwise | 12,095.00 | |
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 | 151.00 | |
(b) if the work involves interfering with water | 6048.00 | |
Referable dams | ||
6 | Operational work mentioned in schedule 6, table 3, item 3A(a)— | |
(a) if the accepted failure impact assessment for the dam states the dam has, or will have, a category 1 failure impact rating and the dam is, or is intended to be—(i) more than 20m high; and(ii) capable of impounding 5000ML or more of water | 6048.00 | |
(b) if the accepted failure impact assessment for the dam states the dam has, or will have, a category 2 failure impact rating | 12,095.00 | |
(c) otherwise | 3024.00 | |
Major hazard facilities | ||
7 | Material change of use of premises mentioned in schedule 6, table 3, item 4(a) | 12,095.00 |
Quarrying in a watercourse or lake | ||
8 | Development mentioned in schedule 6, table 3, item 5(a) | 3024.00 |
Tidal works or work within a coastal management district | ||
9 | Operational work mentioned in schedule 6, table 3, item 6(a)(i) or (ii)— | |
(a) if 1 or both of the following apply— | 6048.00 | |
(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 revegetation 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 | 3024.00 | |
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 being comprised 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 comprised of at least 1 dwelling but not more than 4 dwellings | nil | |
(c) otherwise | 3024.00 | |
Aquaculture | ||
11 | Material change of use of premises mentioned in schedule 6, table 3, item 10(a)— | |
(a) if the aquaculture— | 3024.00 | |
(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— | 6048.00 | |
(i) is carried out in a tank, pond or hatchery that covers an area of 100ha or less; and | ||
(ii) is expected to cause the discharge of waste into Queensland waters | ||
(c) if the aquaculture— | 12,095.00 | |
(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— | 12,095.00 | |
(i) is carried out on tidal land; and | ||
(ii) involves the addition of feed | ||
(e) if both of the following apply— | 3024.00 | |
(i) the aquaculture— | ||
(A) is carried out on tidal land that covers an area of 50ha or less; and(B) does not involve the addition of feed; | ||
(ii) the applicant holds a resource allocation authority for the material change of use | ||
(f) if both of the following apply— | 6048.00 | |
(i) the aquaculture— | ||
(A) is carried out on tidal land that covers an area of more than 50ha; and | ||
(B) does not involve the addition of feed; | ||
(ii) the applicant holds a resource allocation authority for the material change of use | ||
(g) otherwise | 12,095.00 | |
Fisheries development other than aquaculture | ||
12 | Building work mentioned in schedule 6, table 3, item 11(a) | 3024.00 |
13 | Operational work mentioned in schedule 6, table 3, item 11(a)(i)— | |
(a) for each waterway barrier works the subject of the application, if 1 or both of the following apply— | 3024.00 | |
(i) the applicant has a fish movement exemption notice for the application and the notice still applies; | ||
(ii) the waterway barrier works— | ||
(A) is to be constructed or raised in a low-risk waterway; and | ||
(B) does not have as its primary purpose the impounding of water | ||
(b) for each waterway barrier works the subject of the application, if 1 or both of the following apply— | 6048.00 | |
(i) the waterway barrier works is a bridge to be constructed in a major-risk waterway; | ||
(ii) the waterway barrier works— | ||
(A) is to be constructed or raised in a moderate-risk waterway or high-risk waterway; and | ||
(B) does not have as its primary purpose the impounding of water | ||
(c) for each waterway barrier works the subject of the application, if 1 or both of the following apply— | 12,095.00 | |
(i) the primary purpose of the waterway barrier works is to impound water; | ||
(ii) the waterway barrier works— | ||
(A) is to be constructed or raised in a major-risk waterway or an unmapped tidal waterway; and | ||
(B) is not a bridge | ||
(d) otherwise, for each waterway barrier works the subject of the application | 3024.00 | |
14 | Operational work mentioned in schedule 6, table 3, item 11(a)(ii)— | |
(a) if the applicant holds a resource allocation authority for all the operational work | 1511.00 | |
(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 an area of no more than 500m2 | 6048.00 | |
(B) otherwise | 12,095.00 | |
(ii) for operational work that is not expected to cause a permanent loss of capacity of tidal land— | ||
(A) if the operational work is to be carried out in an area of no more than 1500m2 | 6048.00 | |
(B) otherwise | 12,095.00 | |
15 | Operational work mentioned in schedule 6, table 3, item 11(a)(iii)— | |
(a) if 1 or more of the following apply— | 3024.00 | |
(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 either or both of the following apply— | 6048.00 | |
(i) the operational work— | ||
(A) is the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the operational work— | ||
(A) is the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
(c) if either or both of the following apply— | 12,095.00 | |
(i) the operational work— | ||
(A) is the removal, destruction or damage of marine plants covering an area of more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the operational work— | ||
(A) is the removal, destruction or damage of marine plants covering an area of more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
Development in wetland protection area | ||
17 | Development mentioned in schedule 6, table 3, item 13(a) | 3024.00 |
Decided by the Minister | ||
18 | Development mentioned in schedule 6, table 5, item 1 | nil |
Wind farms | ||
19 | Development that is a material change of use for a wind farm | 12,095.00 |
See also sections 21H to 21L.
1 | 2 | 3 |
Development to which application relates | Application fee $ | |
State-controlled road | ||
1 | Building work for which a referral agency is stated in schedule 7, table 1, item 8 | 3024.00 |
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 | 1511.00 | |
(b) if the reconfiguration results in more than 50 lots, but no more than 200 lots | 3024.00 | |
(c) otherwise | 6048.00 | |
3 | Operational work for which a referral agency is stated in schedule 7, table 2, item 3 | 3024.00 |
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 be comprised of at least 1 dwelling but not more than 4 dwellings | 756.00 | |
(ii) otherwise | 1511.00 | |
(b) if the material change of use involves the construction or extension of a relevant vehicular access to a State-controlled road— | ||
(i) if the premises are to be comprised of at least 1 dwelling but not more than 4 dwellings | 1511.00 | |
(ii) otherwise | 3024.00 | |
5 | Operational work for which a referral agency is stated in schedule 7, table 3, item 1A | 3024.00 |
Coastal management districts | ||
6 | Building work for which a referral agency is stated in schedule 7, table 1, item 11 | 3024.00 |
7 | Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 5 | 3024.00 |
Queensland heritage place | ||
8 | Building work for which a referral agency is stated in schedule 7, table 1, item 12— | |
(a) if the building work is associated with premises comprised of at least 1 dwelling but not more than 4 dwellings | nil | |
(b) otherwise | 3024.00 | |
9 | Development for which a referral agency is stated in schedule 7, table 2, item 19— | |
(a) if the development is a material change of use of premises that would result in the premises being comprised of at least 1 dwelling but not more than 4 dwellings | nil | |
(b) if the development is building work or operational work associated with premises comprised of at least 1 dwelling but not more than 4 dwellings | nil | |
(c) otherwise | 3024.00 | |
Adjoining a Queensland heritage place | ||
9A | Development for which a referral agency is stated in schedule 7, table 2, item 19A— | |
(a) if the material change of use would result in the premises being comprised of at least 1 dwelling but not more than 4 dwellings | nil | |
(b) otherwise | 1511.00 | |
Public passenger transport | ||
10 | Building work for which a referral agency is stated in schedule 7, table 1, item 14 | 3024.00 |
11 | Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 33 | 1511.00 |
12 | Development for which a referral agency is stated in schedule 7, table 3, item 14— | |
(a) if the development is in connection with the construction of at least 1 dwelling but not more than 4 dwellings | 756.00 | |
(b) if any part of the land is within 25m of— | 3024.00 | |
(i) 2 or more public passenger transport corridors; or | ||
(ii) 2 or more future public passenger transport corridors; or | ||
(iii) 1 or more public passenger transport corridors and 1 or more future public passenger transport corridors | ||
(c) otherwise | 1511.00 | |
Railways | ||
13 | Building work for which a referral agency is stated in schedule 7, table 1, item 16 | 3024.00 |
14 | Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 34 | 3024.00 |
15 | Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 15A— | |
(a) if the premises are to be comprised of at least 1 dwelling but not more than 4 dwellings | 756.00 | |
(b) otherwise | 3024.00 | |
16 | Operational work for which a referral agency is stated in schedule 7, table 3, item 15B | 3024.00 |
Environmentally relevant activities | ||
17 | Material change of use of premises mentioned in schedule 7, table 2, item 1 for which the chief executive is a referral agency— | |
(a) if the environmentally relevant activity involves intensive animal feedlotting, pig keeping or poultry farming | 3024.00 | |
(b) otherwise— | ||
(i) if the aggregate environmental score for the environmentally relevant activity is 25 or less | 1511.00 | |
(ii) if the aggregate environmental score for the environmentally relevant activity is more than 25, but no more than 74 | 3024.00 | |
(iii) if the aggregate environmental score for the environmentally relevant activity is more than 74 | 12,095.00 | |
Clearing vegetation | ||
18 | Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 4 | 6048.00 |
19 | Operational work for which a referral agency is stated in schedule 7, table 2, item 5— | |
(a) for high value agriculture clearing or irrigated high value agriculture clearing— | ||
(i) if the total area to be cleared is 30ha or less— | ||
(A) for an area that includes an endangered regional ecosystem or of concern regional ecosystem | 6048.00 | |
(B) otherwise | 3024.00 | |
(ii) if the total area to be cleared is more than 30ha | 12,095.00 | |
(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 | 6048.00 | |
(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 less than 5ha and is for establishing a necessary fence, firebreak, road or vehicular track, or necessary built infrastructure | 3024.00 | |
(ii) for fodder harvesting | 3024.00 | |
(iii) for thinning | 3024.00 | |
(iv) the clearing of encroachment | 3024.00 | |
(v) necessary for controlling non-native vegetation or declared pests | nil | |
(vi) necessary for ensuring public safety | nil | |
(d) otherwise | 12,095.00 | |
20 | Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 10 | 6048.00 |
Major hazard facilities | ||
21 | Material change of use of premises for which a referral agency is stated in schedule 7, table 2, item 8— | |
(a) for an existing major hazard facility | nil | |
(b) for a proposed major hazard facility— | ||
(i) if the facility is to be a tier 3 major hazard facility | 6048.00 | |
(ii) otherwise | 756.00 | |
Taking or interfering with water | ||
22 | Operational work for which a referral agency is stated in schedule 7, table 2, item 9— | |
(a) if the work is for the taking of water | 151.00 | |
(b) if the work is for interfering with water | 6048.00 | |
Referable dams | ||
24 | Operational work for which a referral agency is stated in schedule 7, table 2, item 11— | |
(a) if the accepted failure impact assessment for the dam states the dam has, or will have, a category 1 failure impact rating and the dam is, or is intended to be—(i) more than 20m high;(ii) capable of impounding 5000ML or more of water | 6048.00 | |
(b) if the accepted failure impact assessment for the dam states the dam has, or will have, a category 2 failure impact rating | 12,095.00 | |
(c) otherwise | 3024.00 | |
Removal of quarry material | ||
25 | Development for which a referral agency is stated in schedule 7, table 2, item 12 | 3024.00 |
Tidal works, or development in a coastal management district | ||
26 | Operational work for which a referral agency is stated in schedule 7, table 2, item 13— | |
(a) if 1 or both of the following apply— | 6048.00 | |
(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) if the operational work is for coastal management purposes that involve beach nourishment, stinger net enclosures, fencing of coastal dunes or revegetation 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 | 756.00 | |
(e) otherwise | 3024.00 | |
27 | Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 14— | |
(a) if the reconfiguration is in connection with the construction of an artificial waterway | 12,095.00 | |
(b) if the lot— | 12,095.00 | |
(i) is more than 2ha; and | ||
(ii) is to be reconfigured to create 10 or more lots | ||
(c) otherwise | 6048.00 | |
28 | Operational work for which a referral agency is stated in schedule 7, table 2, item 15— | |
(a) if the works are for a private purpose | 1511.00 | |
(b) otherwise | 12,095.00 | |
Land contaminated because of unexploded ordnance | ||
29 | Development for which a referral agency is stated in schedule 7, table 2, item 22 or schedule 7, table 3, item 11 | nil |
Works or other development in a fish habitat area | ||
30 | Building work for which a referral agency is stated in schedule 7, table 2, item 25— | |
(a) if the applicant holds a resource allocation authority for all the development | 1511.00 | |
(b) otherwise— | ||
(i) for development that is expected to cause a permanent loss of capacity of tidal land— | ||
(A) if the development is to be carried out in an area of no more than 500m2 | 6048.00 | |
(B) otherwise | 12,095.00 | |
(ii) for development that is not expected to cause a permanent loss of capacity of tidal land— | ||
(A) if the development is to be carried out in an area of no more than 1500m2 | 6048.00 | |
(B) otherwise | 12,095.00 | |
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 | 1511.00 | |
(b) otherwise— | ||
(i) for development that is expected to cause a permanent loss of capacity of tidal land— | ||
(A) if the development is to be carried out in an area of no more than 500m2 | 6048.00 | |
(B) otherwise | 12,095.00 | |
(ii) for development that is not expected to cause a permanent loss of capacity of tidal land— | ||
(A) if the development is to be carried out in an area of no more than 1500m2 | 6048.00 | |
(B) otherwise | 12,095.00 | |
Certain aquaculture | ||
32 | Material change of use of premises for which a referral agency is stated in schedule 7, table 2, item 28— | |
(a) if the aquaculture— | 3024.00 | |
(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— | 6048.00 | |
(i) is carried out in a tank, pond or hatchery that covers an area of 100ha or less; and | ||
(ii) is expected to cause the discharge of waste into Queensland waters | ||
(c) if the aquaculture— | 12,095.00 | |
(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— | 12,095.00 | |
(i) is carried out on tidal land; and | ||
(ii) involves the addition of feed | ||
(e) if both of the following apply— | 3024.00 | |
(i) the aquaculture— | ||
(A) is carried out on tidal land that covers an area of 50ha or less; and | ||
(B) does not involve the addition of feed; | ||
(ii) the applicant holds a resource allocation authority for the material change of use | ||
(f) if both of the following apply— | 6048.00 | |
(i) the aquaculture— | ||
(A) is carried out on tidal land that covers an area of more than 50ha; and | ||
(B) does not involve the addition of feed; | ||
(ii) the applicant holds a resource allocation authority for the material change of use | ||
(g) otherwise | 12,095.00 | |
Constructing or raising waterway barrier works | ||
33 | Operational work for which a referral agency is stated in schedule 7, table 2, item 29— | |
(a) for each waterway barrier works the subject of the application, if 1 or both of the following apply— | 3024.00 | |
(i) the applicant has a valid fish movement exemption notice for the application and the notice still applies; | ||
(ii) the waterway barrier works— | ||
(A) is to be constructed or raised in a low-risk waterway; and | ||
(B) does not have as its primary purpose the impounding of water | ||
(b) for each waterway barrier works the subject of the application, if 1 or both of the following apply— | 6048.00 | |
(i) the waterway barrier works is a bridge to be constructed in a major-risk waterway; | ||
(ii) the waterway barrier works— | ||
(A) is to be constructed or raised in a moderate-risk waterway or high-risk waterway; and | ||
(B) does not have as its primary purpose the impounding of water | ||
(c) for each waterway barrier works the subject of the application, if 1 or both of the following apply— | 12,095.00 | |
(i) the primary purpose of the waterway barrier works is to impound water; | ||
(ii) the waterway barrier works— | ||
(A) is to be constructed or raised in a major-risk waterway or an unmapped tidal waterway; and | ||
(B) is not a bridge | ||
(d) otherwise, for each waterway barrier works the subject of the application | 3024.00 | |
Removal, destruction or damage of marine plants | ||
34 | Operational work for which a referral agency is stated in schedule 7, table 2, item 30— | |
(a) if 1 or more of the following apply— | 3024.00 | |
(i) the development is, or involves, the removal, destruction or damage of marine plants covering an area of less than 25m2; | ||
(ii) the development is to be carried out in an area that is above the level of the highest astronomical tide; | ||
(iii) the development is for education or research | ||
(b) if either or both of the following apply— | 6048.00 | |
(i) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
(c) if either or both of the following apply— | 12,095.00 | |
(i) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
35 | Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 31— | |
(a) if 1 or more of the following apply— | 3024.00 | |
(i) the development is, or involves, the removal, destruction or damage of marine plants covering an area of less than 25m2; | ||
(ii) the development is to be carried out in an area that is above the level of the highest astronomical tide; | ||
(iii) the development is for education or research | ||
(b) if either or both of the following apply— | 6048.00 | |
(i) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
(c) if either or both of the following apply— | 12,095.00 | |
(i) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
36 | Material change of use of premises for which a referral agency is stated in schedule 7, table 2, item 32— | |
(a) if 1 or more of the following apply— | 3024.00 | |
(i) the development is, or involves, the removal, destruction or damage of marine plants covering an area of less than 25m2; | ||
(ii) the development is to be carried out in an area that is above the level of the highest astronomical tide; | ||
(iii) the development is for education or research | ||
(b) if either or both of the following apply— | 6048.00 | |
(i) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
(c) if either or both of the following apply— | 12,095.00 | |
(i) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
37 | Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 25— | |
(a) if 1 or more of the following apply— | 3024.00 | |
(i) the development is, or involves, the removal, destruction or damage of marine plants covering an area of less than 25m2; | ||
(ii) the development is to be carried out in an area that is above the level of the highest astronomical tide; | ||
(iii) the development is for education or research | ||
(b) if either or both of the following apply— | 6048.00 | |
(i) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
(c) if either or both of the following apply— | 12,095.00 | |
(i) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 500m2; and | ||
(B) is expected to cause a loss of capacity of tidal land; | ||
(ii) the development— | ||
(A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 1500m2; and | ||
(B) is not expected to cause a loss of capacity of tidal land | ||
State-controlled transport tunnels | ||
38 | Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 34A | 6048.00 |
39 | Development for which a referral agency is stated in schedule 7, table 3, item 15C | 6048.00 |
Regional plans | ||
40 | Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 39 | 1511.00 |
41 | Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 12 | 1511.00 |
Land in or near a wetland | ||
44 | Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 43A | 3024.00 |
45 | Operational work for which a referral agency is stated in schedule 7, table 2, item 43B | 3024.00 |
46 | Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 21A | 3024.00 |
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 | 12,095.00 |
Development impacting on State transport infrastructure | ||
48 | Development for which a referral agency is stated in schedule 7, table 3, item 2— | |
(a) if the development is in LGA population 2 | 3024.00 | |
(b) otherwise | 6048.00 | |
Land designated for community infrastructure | ||
49 | Development for which a referral agency is stated in schedule 7, table 3, item 6 | 3024.00 |
sch 7A ins 2013 SL No. 114 s 13
amd 2013 SL No. 168 s 5; 2013 SL No. 258 s 13; 2014 SL No. 88 s 23
sub 2014 SL No. 149 s 21
amd 2014 SL No. 236 s 10
sub 2015 SL No. 44 s 18
amd 2014 SL No. 334 s 44; 2016 SL No. 111 s 23; 2016 SL No. 210 s 10
Schedule 8 Special fire services and referral jurisdiction of Queensland Fire and Emergency Service for them
schedule 7, table 1, item 1
1air-handling systems used for smoke control
2emergency lifts
3emergency sound systems and intercom systems
4fire control centres
5fire detection and alarm systems, other than the following—
(a)stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel;
(b)smoke alarms in a class 1 building that are required to be interconnected;
(c)smoke alarms in a sole-occupancy unit in a class 2, 3 or 4 building that are required to be interconnected
6fire hydrants
7fire mains (other than fire mains that connect only fire hose reels)
8services provided under conditions imposed under the Building Act, section 79
Building Act, section 79 (Hazardous buildings)
9services required under the BCA, clause E1.10
10smoke and heat venting systems
11smoke exhaust systems
12special automatic fire suppression systems (including foam, deluge and gas flooding systems)
13sprinklers (including wall-wetting sprinklers)
14stairwell pressurisation systems
15vehicular access for large isolated buildings
•achievement of specified performance of systems
•suitability of automatic detector operation of stairwell pressurisation systems, smoke-and-heat vents and smoke exhaust systems
•suitability of operational controls and indicatorsEmergency lifts
•operation of fire service controls in liftsEmergency sound systems and intercom systems
•achievement of specified performance of sound systems and intercom systems
•operation of interface of sound systems and intercom systems
•location of main emergency control panel and warden intercom points
•suitability of warning tone and sound pressure levels under testFire control centres
•location of control centre
•suitability of contents, ventilation, signage, lighting and sound levels of control centreFire detection and alarm systems (other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel)
•achievement of specified performance of detection and alarm systems
•location and operation of main fire indicator panel, sub-indicator panels, mimic panels, repeater panels, strobe lights and directional signs
•operation of direct fire service alarm
•suitability of nominated types of detection in all areas, and the location of manual call points
•suitability of weather protection, accessibility and lighting of equipment
•if the sensitivity of a fire detection or alarm system can be varied—suitability of the sensitivity setting having regard to the location of the system and the Australian Standard for that systemFirefighting equipment
•achievement of specified performance
•location and suitability of booster connections and enclosures
•location and suitability of internal and roof hydrants and external hydrants including fire separation from adjacent buildings
•operation of fixed pump-set controls and status indication
•provision of additional hydrant services as mentioned in AS 2419
•provision of suitable facilities for testing internal hydrants
•provisions for connection of fire authority portable relay booster pump
•provisions for hard standing for fire appliancesHazardous buildings
•suitability of special fire services and site requirements for hazardous buildings mentioned in the Building Act, section 79Provision for special hazards
•suitability of special fire services for the protection of special hazards as mentioned in the BCA, clause E1.10Special 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 fire service alarm
•suitability of extinguishment mediaSprinklers
•operation of direct fire service alarm and location of directional signs
•operation of pump-set controls and status indications
•provision of suitable fire protection for special hazards as mentioned in AS 2118
•the location of valve room, pump-sets, water alarm and booster pointWall-wetting sprinklers
•location of isolating valves
•provision of suitable signsLarge isolated buildings
•suitability of site provisions for access by fire authority vehicles
sch 8 amd 2011 SL No. 77 s 8; 2014 Act No. 17 s 184 sch 1 pt 4; 2014 SL No. 149 s 14
schedule 7, table 3, item 2
Column 1 Purpose | Column 2 Threshold for LGA population 1 | Column 3 Threshold for LGA population 2 |
Material change of use made assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies | ||
1 A purpose that is 1, or any combination, of the following accommodation activities—(a) a dual occupancy;(b) a dwelling house;(c) a multiple dwelling;(d) non-resident workforce accommodation;(e) a relocatable home park;(f) a retirement facility;(g) rooming accommodation;(h) rural workers’ accommodation | 200 dwellings | 50 dwellings |
1A A purpose that is 1, or any combination, of the following accommodation activities—(a) nature-based tourism;(b) a resort complex;(c) short-term accommodation;(d) a tourist park | Premises designed to accommodate 300 people | Premises designed to accommodate 75 people |
2 Club 3 Hotel 4 Function facility 5 Theatre | 8000m2 GFA or seating capacity for 1500 people | 4000m2 GFA or seating capacity for 1500 people |
6 Shop 7 Showroom 8 Shopping centre (including theatres, food and drink outlets and offices) 9 Hardware and trade supplies | 8000m2 GFA | 4000m2 GFA |
10 Office | 12,000m2 GFA | 6000m2 GFA |
12 Hospital 13 Residential care facility | 100 beds | 50 beds |
15 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 |
16 Tourist attraction 17 Major sport, recreation and entertainment facility | 5000m2 TSA or if totally indoor 8000m2 GFA | 5000m2 TSA or if totally indoor 4000m2 GFA |
18 Extractive industry 19 High impact industry (other than an abattoir) 20 Special industry | Using machinery having an annual throughput of product of 10,000t | Using machinery having an annual throughput of product of 10,000t |
21 Intensive animal industries 22 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 |
23 One, or a combination, of the following—(a) warehouse;(b) medium impact industry;(c) low impact industry | 16,000m2 GFA (combined total) | 8000m2 GFA (combined total) |
24 Car park (including heavy vehicle parking) | 5000m2 TSA | 5000m2 TSA |
25 Airport, bus or ferry terminal | All | All |
Reconfiguring a lot | ||
27 A purpose that is 1, or any combination, of the following accommodation activities—(a) a dual occupancy;(b) a dwelling house;(c) a multiple dwelling;(d) non-resident workforce accommodation;(e) a relocatable home park;(f) a retirement facility;(g) rooming accommodation;(h) rural workers’ accommodation | 200 dwellings | 50 dwellings |
27A A purpose that is 1, or any combination, of the following accommodation activities—(a) nature-based tourism;(b) a resort complex;(c) short-term accommodation;(d) a tourist park | Premises designed to accommodate 300 people | Premises designed to accommodate 75 people |
28 Business activities | 12,000m2 TSA (combined total) | 3000m2 TSA (combined total) |
29 Industry activities | 32,000m2 TSA (combined total) | 16,000m2 TSA (combined total) |
Operational works | ||
30 Filling or excavation not associated with a material change of use or reconfiguring a lot | 10,000t | 10,000t |
sch 9 sub 2013 SL No. 28 s 11
amd 2014 SL No. 47 s 6; 2014 SL No. 236 s 11; 2015 SL No. 44 s 19; 2015 SL No. 156 s 5; 2016 SL No. 210 s 11
sch 10 om 2013 SL No. 28 s 11
sch 11 amd 2011 SL No. 77 s 9; 2011 SL No. 278 s 27; 2012 SL No. 118 s 7
om 2013 SL No. 28 s 11
sch 12 om 2013 SL No. 28 s 11
sch 13 om 2013 SL No. 28 s 11
sch 13A ins 2011 Act No. 47 s 298
amd 2012 SL No. 228 s 5; 2013 SL No. 151 s 3
om 2014 SL No. 88 s 24
sch 14 amd 2011 SL No. 77 s 10
om 2013 SL No. 28 s 12
Column 1 | Column 2 |
Name of referral agency | Referral agency’s assessment period (in business days) |
1 The local government, as the concurrence agency for— | |
(a) building work to demolish or remove any building or structure or rebuild, after removal, any building or structure; or | 10 |
(b) building assessment work, as defined in the Building Act, section 7, for a single detached class 1(a)(i) building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a class 10 building; or | 10 |
(c) other building assessment work | 15 |
2 Chief executive of the department in which the Pastoral Workers’ Accommodation Act 1980 is administered | 20 |
3 Queensland Fire and Emergency Service | 15 |
4 The relevant service provider as the concurrence agency for building work on a lot that contains, or is adjacent to a lot that contains, a sewer, water main or stormwater drain operated by or for the relevant service provider. | 20 |
sch 15 amd 2013 SL No. 217 s 11; 2014 Act No. 17 s 184 sch 1 pt 4
sch 16 om 2013 SL No. 28 s 13
sch 17 amd 2010 SL No. 76 s 13; 2011 SL No. 246 s 12
om 2013 SL No. 28 s 13
Table 1—Reconfiguring a lot | |
Preliminary matters | |
1 Development for which compliance assessment is required | Reconfiguring a lot if— (a) the reconfiguration is the subdivision of 1 lot into 2 lots on land in an industrial zone or residential zone (other than a park residential zone or rural residential zone); and (b) the size of any lot created is at least the minimum lot size for the zone stated in the planning scheme, a temporary local planning instrument, a master plan or preliminary approval to which section 242 of the Act applies; and (c) the reconfiguration can comply with the guideline called ‘Statutory Guideline 02/13 Accelerating compliance assessment—Code for reconfiguring a lot (subdividing one lot into two) and associated operational works requiring compliance assessment’ dated 22 November 2013, made by the chief executive under the Act, section 760 and published on the department’s website; unless— (d) the plan of subdivision necessary for the reconfiguration—(i) is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or(ii) is for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41, of a lot with common property for a community titles scheme; or |
(iii) is for the conversion, under the Body Corporate and Community Management Act 1997 , section 43, of lessee common property within the meaning of that Act to a lot in a community titles scheme; or(iv) is in relation to the acquisition, including by agreement, under the Acquisition Act or otherwise, of land by—(A) a constructing authority, as defined under that Act, for a purpose set out in parts 1 to 13 (other than part 10, second dot point) of the schedule to that Act; or(B) an authorised electricity entity; or(v) is for land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition Act, schedule, parts 1 to 13 (other than part 10, second dot point) whether or not the land relates to an acquisition; or(vi) is for reconfiguring a lot comprising strategic port land; or(vii) is for reconfiguring a South Bank lot within the corporation area under the South Bank Corporation Act 1989 ; or(viii) is for the Transport Infrastructure Act, section 240; or(ix) is in relation to the acquisition of land for a water infrastructure facility; or(x) is for land in a priority development area or land that is PDA-associated land for a priority development area; or (e) the reconfiguration is on any of the following land and the total number of lots abutting the State-controlled road is increased—(i) land that is within 25m of a State-controlled road;(ii) land that abuts a road that intersects with a State-controlled road within 100m of the land; or | |
(f) the reconfiguration is of a lot that is 2ha or larger, if—(i) the size of any lot created is 25ha, or smaller; and(ii) either—(A) the reconfiguring 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(B) on any lot created, additional exempt operational work, other than operational work that is only the clearing of regulated regrowth vegetation, could be carried out; or (g) the land is situated completely or partly within a coastal management district; or (h) the reconfiguration is in connection with the construction of a canal; or (i) the land is in an area declared to be a catchment area under the Water Act 2000 and the size of any lot created is less than 16ha; or (k) the reconfiguration is for a purpose or on land mentioned in schedule 9, column 1 that meets the threshold in schedule 9, column 2 for the purpose or land; or (l) the reconfiguration is for a purpose or on land mentioned in schedule 10, column 1 that meets the threshold in schedule 10, column 2 for the purpose or land; or (m) division 3 of the State planning regulatory provisions for the SEQ region, the Far North Queensland region, the Wide Bay Burnett region or the Mackay, Isaac and Whitsunday region applies to the land; or (n) the land is on or partly on airport land; or (p) an overlay in the planning scheme for the local government area in which the land is located applies to the land; or | |
(q) all or part of the land comprises or contains a Queensland heritage place or a local heritage place; or (r) the reconfiguration is—(i) in connection with the construction, installation, use, maintenance, repair, alteration, decommissioning, demolition or removal of G20 radiocommunications works; and(ii) to be carried out on or before 30 June 2015 | |
2 Matters or things against which the development is assessed | The guideline called ‘Statutory Guideline 02/13 Accelerating compliance assessment—Code for reconfiguring a lot (subdividing one lot into two) and associated operational works requiring compliance assessment’ dated 22 November 2013, made by the chief executive under the Act, section 760 and published on the department’s website. |
Process for assessment | |
3 Compliance assessor | The local government for the area in which the lot is situated |
Additional actions | |
4 Additional actions that must be taken by the compliance assessor | — |
Form requirements | |
5 Form of a compliance permit | — |
Table 2—Operational works for reconfiguring a lot | |
Preliminary matters | |
1 Development for which compliance assessment is required | Operational works for reconfiguring a lot, other than a lot in a priority development area or that is PDA-associated land for a priority development area, if the reconfiguration is also development requiring compliance assessment |
2 Matters or things against which the development is assessed | The guideline called ‘Statutory Guideline 02/13 Accelerating compliance assessment—Code for reconfiguring a lot (subdividing one lot into two) and associated operational works requiring compliance assessment’ dated 22 November 2013, made by the chief executive under the Act, section 760 and published on the department’s website. |
Process for assessment | |
3 Compliance assessor | The local government for the area in which the lot is situated |
Additional actions | |
4 Additional actions that must be taken by the compliance assessor | — |
Form requirements | |
5 Form of a compliance permit | — |
Table 3—Particular material change of use of premises | |
Preliminary matters | |
1 Development for which compliance assessment is required | Making a material change of use of premises if— (a) all or part of the premises are on the contaminated land register or the environmental management register; and (b) the premises are not being used for a sensitive land use; and (c) the material change of use is completely or partly for—(i) a sensitive land use; or(ii) a commercial purpose involving an accessible underground facility, including, for example, a basement car park, workshop or office. |
2 Matters or things against which the development is assessed | The guideline that is part D of the document called ‘Queensland auditor handbook for contaminated land, module 5: Contaminated land investigation documents, auditor certification and compliance assessment’ made by the chief executive of the department administering the Environmental Protection Act and published on that department’s website. |
Process for assessment | |
3 Compliance assessor | An individual approved as an auditor under the Environmental Protection Act, chapter 12, part 3A, division 2. |
Additional actions | |
4 Additional actions that must be taken by the compliance assessor | A copy of a compliance permit issued for the material change of use must be given to the department in which the Environmental Protection Act is administered. |
Form requirements | |
5 Form of the compliance permit | The approved form of the compliance permit. |
sch 18 amd 2009 SL No. 313 s 5; 2010 SL No. 98 s 6; 2010 SL No. 343 s 4; 2011 SL No. 66 s 6; 2011 SL No. 88 s 14; 2011 SL No. 139 s 10; 2012 SL No. 80 s 4; 2013 SL No. 2 s 28; 2013 SL No. 28 s 14; 2013 SL No. 168 s 6; 2013 SL No. 258 s 14; 2014 SL No. 149 s 15; 2014 Act No. 40 s 154 sch 1 pt 3; 2015 SL No. 164 s 5; 2016 SL No. 62 s 20
Table 1—Subdivision plans | |
Preliminary matters | |
1 Document for which compliance assessment is required | A subdivision plan |
2 Matters or things against which the document is assessed | 1 If the reconfiguration proposed to be effected by the subdivision plan is authorised under a development permit or a compliance permit for the reconfiguration—(a) all of the following—(i) the conditions of the development permit or compliance permit about the reconfiguration have been complied with;(ii) for a reconfiguration requiring operational works—the conditions of the development permit or compliance permit for the operational works have been complied with;(iii) there are no outstanding rates or charges levied by the local government or expenses that are a charge over the land under any Act;(iv) the plan has been prepared in compliance with the development permit or compliance permit;(v) the conditions of a water approval under the SEQ Water Act have been complied with;(vi) there are no outstanding fees or charges levied by a distributor-retailer under the SEQ Water Act; or |
(b) both of the following—(i) satisfactory security has been given to the local government to ensure compliance with the requirements of paragraph (a)(i) to (iii);(ii) the plan is in accordance with the development permit or compliance permit 2 If the plan is required to be submitted to the local government under a condition of a development permit or a compliance permit—(a) all of the following—(i) the conditions of the development permit or compliance permit about the reconfiguration have been complied with;(ii) there are no outstanding rates or charges levied by the local government or expenses that are a charge over the land under any Act;(iii) the plan is in accordance with the development permit or compliance permit;(iv) the conditions of a water approval under the SEQ Water Act have been complied with;(v) there are no outstanding fees or charges levied by a distributor-retailer under the SEQ Water Act; or(b) both of the following—(i) satisfactory security is given to the local government to ensure compliance with the requirements of paragraph (a)(i) and (ii);(ii) the plan is in accordance with the development permit or compliance permit | |
3 If the reconfiguration proposed to be effected by the plan is not assessable development or development requiring compliance assessment—(a) the plan is consistent with any development permit or compliance permit relevant to the plan; and(b) there are no outstanding rates or charges levied by the local government or expenses that are a charge over the land under any Act; and(c) the conditions of a water approval under the SEQ Water Act have been complied with; and(d) there are no outstanding fees or charges levied by a distributor-retailer under the SEQ Water Act | |
Process for assessment | |
3 Compliance assessor | The local government for the area the subject of the subdivision plan |
4 When request for compliance assessment must be made | 1 If the reconfiguration proposed to be effected by the subdivision plan is authorised under a development permit or compliance permit—at any time while the permit has effect 2 If the subdivision plan is required to be submitted to the local government under a condition of a development permit or compliance permit—(a) within the period stated in the condition; or(b) if a period has not been stated in the condition—within 2 years after the day the permit was given |
Additional requirements | |
5 Requirements under other Acts | Any requirements of the Act under which the subdivision plan is to be registered or otherwise recorded, including, for example, notation of the compliance assessor’s approval on the subdivision plan in a way required under the other Act |
sch 19 amd 2010 Act No. 20 s 73; 2014 Act No. 16 s 35
sch 20 sub 2011 SL No. 139 s 11; 2012 SL No. 100 s 4; 2013 SL No. 114 s 14; 2014 SL No. 149 s 16; 2015 SL No. 44 s 4; 2016 SL No. 111 s 24
$ | ||
1 | Declaration under the Act, chapter 7, part 2, division 3, subdivision 1 | 252.45 |
2 | Appeal under the Act, section 519, 520, 521, 522, 523, 524 or 525— | |
(a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee | 371.75 | |
(b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee | 618.45 | |
3 | Appeal under the Act, section 527, 528, 529, 530, 531, 532 or 533 about a class 1 building or a class 10 building or structure— | |
(a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee | 371.75 | |
(b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee | 618.45 | |
4 | Appeal under the Act, section 527, 528, 529, 530, 531, 532 or 533 about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500m2 or less— | |
(a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee | 541.60 | |
(b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee | 781.45 | |
5 | Appeal under the Act, section 527, 528, 529, 530, 531, 532 or 533 about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of more than 500m2— | |
(a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee | 781.45 | |
(b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee | 1161.25 | |
6 | Appeal under the Act, section 535, 535A or 849— | |
(a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee | 651.75 | |
(b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee | 898.50 | |
7 | Appeal under the SEQ Water Act, section 99BRBE— | |
(a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee | 371.75 | |
(b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee | 618.45 | |
8 | 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 building and development committee without a site inspection by the committee or a member of the committee | 651.75 | |
(ii) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee | 898.50 | |
(b) otherwise | 651.75 | |
9 | Appeal under the SEQ Water Act, section 99BRBFA— | |
(a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee | 651.75 | |
(b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee | 898.50 |
sch 21 sub 2010 SL No. 148 s 17; 2011 SL No. 88 s 15; 2012 SL No. 197 s 7; 2013 SL No. 114 s 14; 2014 SL No. 149 s 16; 2014 SL No. 137 s 4; 2015 SL No. 44 s 5; 2016 SL No. 111 s 25
Schedule 24 Clearing of native vegetation—not assessable development under schedule 3, part 1, table 4, item 1
schedule 3, part 1, table 4, item 1(e) and (f)
sch 22 om 2014 SL No. 149 s 16
sch 23 om 2014 SL No. 149 s 16
1Clearing and other activities or matters for land generally
(1)Clearing under a development approval for a material change of use or reconfiguring a lot, if the approval is given for a development application—(a)for which the chief executive is a concurrence agency for clearing vegetation; or(b)if a lot to which the application relates is less than 5ha—for which a local government is the assessment manager.(2)Clearing an area of vegetation within a watercourse or lake for an activity (other than an activity relating to a material change of use of premises or the reconfiguring of a lot) if—(a)the clearing is—(i)subject to an approval process and is approved under the Act or another Act; or(ii)a necessary and unavoidable consequence of an activity authorised by a riverine protection permit issued under the Water Act 2000; or(iii)a necessary and unavoidable consequence of an activity carried out under the document called ‘Riverine Protection Permit Exemption Requirements’ approved by the chief executive of the department that administers the Water Act 2000 and published on that department’s website; and(b)either—(i)the clearing is under a self-assessable vegetation clearing code other than if the vegetation is in an area shown on the regulated vegetation management map or a PMAV as a category A area; or(ii)the area is less than 0.5ha of a least concern regional ecosystem shown on the regulated vegetation management map or PMAV as a category B area; or(iii)the area is less than 0.5ha shown on the regulated vegetation management map or PMAV as a category C, R or X area.(3)Clearing vegetation in an area declared under the Vegetation Management Act, section 19F if the clearing is carried out—(a)under the management plan for the area; and(b)for 1 or both of the following purposes—(i)a purpose mentioned in the Vegetation Management 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 clearing can not reasonably be avoided or minimised.(4)Clearing vegetation—(a)under a land management agreement for a lease under the Land Act 1994 ; and(b)for 1 or more of the purposes mentioned in the Vegetation Management Act, section 22A (2) (b), (c), (d), (f), (g), (h) or (j).(5)A traditional Aboriginal or Torres Strait Islander cultural activity, other than a commercial activity.(6)A resource activity.(7)Any aspect of development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010.(8)Clearing vegetation, for an airport-related purpose, on airport premises.(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)Clearing for the construction or maintenance of community infrastructure mentioned in schedule 2 that is government supported transport infrastructure.(13)Any activity authorised under the Forestry Act 1959.(14)Clearing vegetation on land in an area for which an area management 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 land, within the meaning of the Vegetation Management Act, or a person authorised by the owner; and(b)the clearing is done in accordance with the area management plan; and(c)the owner has given the chief executive notice of the clearing under the Vegetation Management Act, section 20W.(15)Clearing vegetation on land mentioned in the Forestry Act 1959 , section 55 (1) (b), (c) or (d) to the extent the clearing is for accessing and extracting quarry material for road works under the Transport Infrastructure Act 1994 .(16)Clearing vegetation for community infrastructure mentioned in schedule 2 if the clearing is carried out on designated land.(17)Clearing vegetation in an area for which a disaster situation declaration 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 disaster situation declaration was made and ends on the later of the following days—(i)the day that is 1 year after the day on which the disaster situation declaration was made; or(ii)another day decided by the chief executive by written notice.(18)Clearing vegetation that is necessary to carry out a cadastral survey of an existing property boundary, a geotechnical survey or a geological survey, if the area cleared is—(a)for an area in which a survey is conducted—a maximum area of 10m by 10m; and(b)for an area necessary for reasonable access to an area mentioned in paragraph (a)—a maximum of 10m wide.(19)Clearing vegetation that is necessary to remediate contaminated land recorded in the environmental management register or contaminated land register.(20)Clearing vegetation that is necessary to carry out activities authorised to be carried out at land on which an abandoned mine exists under the Mineral Resources Act 1989 , section 344A.(21)Clearing vegetation to which the Vegetation Management Act does not apply.s 1 amd 2011 SL No. 74 s 3; 2011 SL No. 218 s 3; 2011 SL No. 252 s 6; 2013 SL No. 28 s 15; 2013 SL No. 45 s 5(1); 2013 SL No. 151 s 4 (1)–(2); 2013 SL No. 190 s 44; 2013 SL No. 258 s 15; 2014 Act No. 17 s 184 sch 1 pt 2; 2015 SL No. 44 s 22; 2014 Act No. 64 s 254 sch 1
pt hdg sub 2013 SL No. 258 s 15(5)
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 vegetation management map or a PMAV as a category X area; or(e)for urban purposes in an urban area and the vegetation is—(i)regulated regrowth vegetation; or(ii)an of concern regional ecosystem or a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV for the area as a category B area; or(f)necessary for routine management in an area of the land and the vegetation is—(i)regulated regrowth vegetation; or(ii)a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV as a category B area; or(g)PDA-related development; or(h)under a self-assessable vegetation clearing code other than if the vegetation is in an area shown on the regulated vegetation management map or a PMAV as a category A area; or(i)for development—(i)that is for an extractive industry under the Vegetation Management Act, section 22A (3) in a key resource area; and(ii)to the extent it involves clearing regulated regrowth vegetation, other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or(j)for development—(i)that is a significant community project; and(ii)to the extent it involves clearing regulated regrowth vegetation, other than in an area shown on the regulated vegetation management map or a PMAV as a category A area.s 2 amd 2013 SL No. 2 s 29; 2013 SL No. 151 s 4(3)
sub 2013 SL No. 258 s 15(5)
amd 2014 SL No. 149 s 17
For indigenous land, clearing vegetation that is—(a)for a forest practice, other than on land on which the State owns the trees; or(b)residential clearing; or(c)necessary for essential management; or(d)in an area shown on the regulated vegetation management map or a PMAV as a category X area; or(e)for urban purposes in an urban area and the vegetation is—(i)regulated regrowth vegetation; or(ii)an of concern regional ecosystem or a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV for the area as a category B area; or(f)necessary for routine management in an area of the land and the vegetation is—(i)regulated regrowth vegetation; or(ii)a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV as a category B area; or(g)gathering, digging or removing forest products—(i)for the purpose of improving the land or for use under the Aurukun and Mornington Shire Leases Act 1978 , section 28; or(ii)for use under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 62; or(h)PDA-related development; or(i)under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or(j)for development—(i)that is for an extractive industry under the Vegetation Management Act, section 22A (3) in a key resource area;(ii)to the extent it involves clearing regulated regrowth vegetation, other in an area shown on the regulated vegetation management map or a PMAV as a category A area; or(k)for development—(i)that is a significant community project; and(ii)to the extent it involves clearing regulated regrowth vegetation, other than in an area shown the regulated vegetation management map or on a PMAV as a category A area.s 3 amd 2013 SL No. 2 s 29; 2013 SL No. 45 s 5(2)
sub 2013 SL No. 258 s 15(5)
amd 2014 SL No. 149 s 17
4Land subject to a lease under the Land Act 1994
(1)For land subject to a lease under the Land Act 1994 for agriculture or grazing purposes, clearing vegetation that is—(a)residential clearing; or(b)necessary for essential management; or(c)in an area shown on the regulated vegetation management map or a PMAV as a category X area; or(d)under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or(e)necessary for routine management in an area of the land and the vegetation is—(i)regulated regrowth vegetation; or(ii)a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV as a category B area; or(f)for development—(i)that is for an extractive industry under the Vegetation Management Act, section 22A (3) in a key resource area;(ii)to the extent it involves clearing regulated regrowth vegetation, other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or(g)for development—(i)that is a significant community project; and(ii)to the extent it involves clearing regulated regrowth vegetation, other than in an area shown on the regulated vegetation management map or on a PMAV as a category A area.(2)For land subject to a lease under the Land Act 1994 other than for agriculture or grazing purposes, clearing vegetation that 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 vegetation management map or a PMAV as a category R area or category X area; or(d)under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area; or(e)for urban purposes in an urban area and the vegetation is—(i)regulated regrowth vegetation; or(ii)an of concern regional ecosystem or a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV for the area as a category B area; or(f)necessary for routine management in an area of the land and the vegetation is—(i)regulated regrowth vegetation; or(ii)a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV as a category B area.s 4 amd 2010 SL No. 48 s 8(1)
sub 2013 SL No. 258 s 15(5)
5Land that is a road under the Land Act 1994
For land that is a road under the Land Act 1994 , clearing vegetation that is—(a)carried out by a local government, or by or for the chief executive of the department in which the Transport Infrastructure Act is administered, and is—(i)is necessary to construct or maintain road infrastructure or to source construction material for roads; or(ii)is in an area shown on the regulated vegetation management map or a PMAV as a category R area or category X area; or(b)carried out by a local government—(i)to remove vegetation that is not native vegetation; or(ii)in accordance with a biosecurity plan made by the local government under the Biosecurity Act 2014 ; or(c)necessary to remove or reduce the imminent risk that the vegetation poses of serious personal injury or damage to infrastructure; or(d)by fire under the Fire and Emergency Services Act 1990 to 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 the maximum width of 3m; or(g)necessary for reasonable access to adjoining land from the existing formed road for a maximum width of 10m; or(h)necessary to maintain an existing firebreak or garden located on the road; or(i)under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area.s 5 sub 2013 SL No. 258 s 15(5)
amd 2014 Act No. 17 s 184 sch 1 pt 2; 2016 SL No. 75 s 129 sch 12
6Particular trust land under the Land Act 1994
(1)This section applies to land that is trust land under the Land Act 1994 , other than indigenous land.(2)Clearing vegetation that is carried out, or authorised to be carried out, by the trustee, is consistent with achieving the purpose of the trust, and is—(a)necessary for essential management; or(b)in an area shown on the regulated vegetation management map or a PMAV as a category R area or category X area; or(c)to remove vegetation that is not native vegetation; or(ca)in accordance with a relevant biosecurity plan under the Biosecurity Act 2014 ; or(d)for urban purposes in an urban area and the vegetation is either of the following shown on the regulated vegetation management map or a PMAV for the 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 land and the vegetation is a least concern regional ecosystem shown on the regulated vegetation management map or a PMAV for the area as a category B area; or(f)under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area.s 6 amd 2010 SL No. 48 s 8(2)
sub 2013 SL No. 258 s 15(5)
amd 2016 SL No. 75 s 129 sch 12
7Unallocated State land under the Land Act 1994
For land that is unallocated State land under the Land Act 1994 , clearing vegetation that is carried out, or authorised to be carried out, by the chief executive administering that Act and is—(a)necessary for essential management; or(b)to control declared pests or vegetation that is not native vegetation; or(c)PDA-related development; or(d)in an area shown on the regulated vegetation management map or a PMAV as a category R area or category X area; or(e)necessary for routine management in an area of the land and the vegetation is a least concern regional ecosystem shown on the regulated vegetation management map a PMAV for the area as a category B area; or(f)under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area.s 7 amd 2013 SL No. 2 s 29
sub 2013 SL No. 258 s 15(5)
amd 2014 SL No. 149 s 17
8Land subject to a licence or permit under the Land Act 1994
For land that is subject to a licence or permit under the Land Act 1994 , clearing vegetation that is carried out by the licensee or permittee and is—(a)necessary for essential management; or(b)PDA-related development; or(c)in an area shown on the regulated vegetation management map or a PMAV as a category R area or category X area; or(d)for urban purposes in an urban area and the vegetation is either of the following shown on the regulated vegetation management map or a PMAV for the 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 land and the vegetation is a least concern regional ecosystem shown on the regulated vegetation management map a PMAV for the area as a category B area; or(f)under a self-assessable vegetation clearing code other than in an area shown on the regulated vegetation management map or a PMAV as a category A area.s 8 amd 2013 SL No. 2 s 29
sub 2013 SL No. 258 s 15(5)
amd 2014 SL No. 149 s 17
schedule 26, definition LGA population 1
Brisbane City Council
Bundaberg Regional Council
Cairns Regional Council
Fraser Coast Regional Council
Gold Coast City Council
Ipswich City Council
Logan City Council
Moreton Bay Regional Council
Redland City Council
Scenic Rim Regional Council
Sunshine Coast Regional Council
Townsville City Council
1the name of a referral agency for the development application
2whether the development application was withdrawn, lapsed or decided
3if the development application was decided—
(a)the day the decision was made; and
(b)whether the development application was approved, approved subject to conditions or refused; and
(c)whether the development application was taken to have been approved under section 331 of the Act; and
(d)for a development application approved subject to conditions—
(i)whether any of the conditions are concurrence agency conditions; and
(ii)if so, the name of the concurrence agency for each concurrence agency condition; and
(e)whether a negotiated decision notice was given for the development application; and
(f)for a development application that was approved, whether a permissible change has subsequently been made to the development approval
4if there was an appeal about the decision on the development application, whether the decision on the application was changed because of the decision on the appeal
1the development application and supporting material for the application, including, for example, an elevation, report or site plan
2a request by the local government or a concurrence agency seeking advice or comment about the development application from a person under section 256 of the Act
3a document including any advice or comment given by a person in response to a request mentioned in item 2
4a notice under section 266
(1) of the Act that the development application is not a properly made application
5an acknowledgement notice under section 267
(2) of the Act
6a notice to revive the development application under section 274
(1), 280
(1) or 303
(1) of the Act
7a notice under section 275
(1) of the Act advising the local government of the day the applicant gave each referral agency the referral agency material
8an information request under section 276
(1) of the Act
9a notice extending the information request period under section 277
(1) of the Act
10an agreement extending the information request period under section 277
(3) of the Act
11a document relating to information given under section 278
(1)
(a) or (b) of the Act in response to an information request, including, for example, an elevation, report or site plan
12a notice under section 278
(1)
(b) or (c) of the Act in response to an information request
13a request to the local government or a concurrence agency to extend the response period under section 279
(3)
(a) of the Act
14a response given by the local government or a concurrence agency to a request mentioned in item 13
15an agreement relating to a request mentioned in item 13 between the applicant and the local government or concurrence agency to whom the request was made
16an advice given to the local government by a referral agency under section 281 of the Act about the applicant’s response to an information request
17a notice extending a referral agency’s assessment period under section 284
(1) of the Act
18an agreement extending a referral agency’s assessment period under section 284
(3) of the Act
19an advice about extension of a referral agency’s assessment period under section 284
(4) of the Act
20a concurrence agency’s response under section 285
(2) or 290
(1) of the Act
21a concurrence agency’s amended response under section 290
(2) of the Act
22an advice agency’s response under section 291
(2) of the Act
23a notice of the development application under section 297
(1) of the Act
24an agreement about notification of the development application under section 297
(1) of the Act
25a notice given to the local government under section 300 of the Act about the last day an action mentioned in section 297
(1) of the Act is carried out for notification of the development application
26a notice given to the local government under section 301 of the Act about compliance with chapter 6, part 4, division 2 of the Act for notification of the development application
27a submission made under section 305
(1) of the Act and accepted by the local government under section 305
(2) or (3) of the Act
28a notice under section 305
(4)
(a) or (b) of the Act amending or withdrawing a submission mentioned in item 27
29a notice under section 306
(2) of the Act amending or withdrawing a submission
30a notice extending the decision-making period under section 318
(2) of the Act
31an agreement extending the decision-making period under section 318
(4) of the Act
32a notice given by the applicant under section 318
(5) of the Act that the applicant does not intend to take action under section 320 or 321 of the Act
33a notice given under section 320
(1) of the Act to stop the decision-making period
34a notice given under section 320
(3) of the Act to withdraw a notice mentioned in item 33
35a request given to the chief executive under section 321
(1)
(a) of the Act to resolve conflict between 2 or more concurrence agency’s responses
36a notice under section 321
(1)
(b) of the Act to stop the decision-making period
37a notice given under section 321
(6) of the Act to withdraw a notice mentioned in item 36
38a notice of a change to the development application given by the applicant under section 351
(1) of the Act
39a notice given by the local government under section 352 of the Act advising a referral agency of the effect of a notice mentioned in item 38
40a notice given under section 356
(1) of the Act withdrawing the development application
41a notice given under section 357
(2) of the Act advising that the applicant has not referred the development application as required under section 272 of the Act
42correspondence about the development application between any of the following—
(a)the applicant;
(b)the local government;
(c)a referral agency
43correspondence about the development application between any of the entities mentioned in item 42 and a submitter
44representations made by the applicant under section 361
(1) of the Act
45a notice given by the local government under section 363
(5) of the Act of a decision not to agree with any of the representations mentioned in item 44
46a notice under section 366
(1) of the Act suspending the applicant’s appeal period
47a notice under section 366
(4)
(a) of the Act withdrawing a notice mentioned in item 46
48a notice given by the Minister to the local government under section 418
(1) or 419
(1) of the Act
49a notice given by the Minister to a concurrence agency under section 420
(1) of the Act
50a notice given by the Minister to the applicant under section 421
(1) of the Act
51a notice given by the Minister to the local government under section 425
(1) of the Act calling in the development application
52a copy of the Minister’s decision notice given to the local government under section 429
(1) of the Act
53a notice given by the regional planning Minister to the local government under section 430
(2) or (3) of the Act
54a notice given by the Minister to the local government under section 431
(1) of the Act referring the aspects of the development application not decided back to the local government
sch 25A ins 2010 SL No. 279 s 4
accepted failure impact assessment, for a dam or a proposed dam, means a failure impact assessment of the dam or proposed dam that has been accepted under the Water Supply Act, section 349.
def accepted failure impact assessment ins 2014 SL No. 149 s 22(2)
sub 2016 SL No. 210 s 12(1)–(2)
accommodation activities means the group of uses identified as accommodation activities under the standard planning scheme provisions.
def accommodation activities ins 2013 SL No. 28 s 16(2)
active transport infrastructure see the Transport Planning and Coordination Act 1994 , section 8A.
def active transport infrastructure ins 2010 SL No. 343 s 5(2)
additional exempt operational work, for a lot in relation to development mentioned in schedule 7, table 2, item 4 or table 3, item 10, means operational work that—
(a)is either of the following—(i)clearing of vegetation on freehold land or land subject to a lease under the Land Act 1994 , to the extent necessary for building a single dwelling house on a lot and any reasonably associated building or structure, if the building of the dwelling house is—(A)building work for which a development permit for a building development application, or a compliance permit, has been given; or(B)building work mentioned in schedule 3, part 2, table 1, item 1; or(C)for public housing;(ii)clearing for essential management or routine management; and
(b)would be assessable development under schedule 3, part 1, table 4, item 1 (the relevant item) if it were carried out on the lot immediately before the development happened, but because of the development is not assessable development under the relevant item.
Example of additional exempt operational work for development mentioned in schedule 7, table 3, item 10—
development involving a building or structure associated with a material change of use located within 70m of native vegetation
aged-care facility means a facility, or part of a facility, at which accommodation and nursing or personal care is provided to older persons who, because of incapacity or infirmity, have a continuing need for nursing or personal care.
aggregate environmental score, for schedule 7A, see the Environmental Protection Regulation 2008 , section 14.
def aggregate environmental score ins 2014 SL No. 149 s 22(2)
agricultural ERA see the Environmental Protection Act, section 75.
aid to navigation see the Transport Operations (Marine Safety) Act 1994 , section 104.
airport means a strategic airport within the meaning of the State Planning Policy.
def airport sub 2013 SL No. 258 s 16(1)–(2)
amd 2014 SL No. 236 s 12(1)
airport land see the Airport Assets (Restructuring and Disposal) Act 2008 , schedule 3.
airport premises means premises used, or intended to be used, completely or partly for an airport-related purpose.
def airport premises ins 2013 SL No. 151 s 5
airport-related purpose, in relation to the use or intended use of airport premises, means any of the following—
(a)the construction, operation or maintenance of an airport, including—(i)air transport infrastructure mentioned in schedule 2, part 1; or(ii)core airport infrastructure located on airport land;
(b)an activity or facility supporting the economical, efficient and safe functioning of an airport;•manufacturing aircraft or aircraft components•servicing aircraft
(c)an activity or facility supporting the financial viability of an airport;•operating an air charter business or an air freight depot•operating a flight training or skydiving business
(d)for premises on airport land—development consistent with a land use plan approved for the airport land under the Airport Assets (Restructuring and Disposal) Act 2008 , chapter 3, part 1.
def airport-related purpose ins 2013 SL No. 151 s 5
air transport infrastructure see the Transport Infrastructure Act, schedule 6.
def air transport infrastructure ins 2010 SL No. 343 s 5(2)
alternative solution see the Building Act, schedule 2.
def alternative solution ins 2015 SL No. 30 s 9
ancillary works and encroachments see the Transport Infrastructure Act, schedule 6.
ANEF means Australian Noise Exposure Forecast.
ANEF contour, for an airport, means a contour marked with a number and shown on a document known as the airport’s ANEF chart that has been prepared by the airport’s operator and endorsed by Airservices Australia.
The 25 ANEF contour means the contour marked with the number 25 and shown on an airport’s ANEF chart.
def ANEF contour ins 2013 SL No. 28 s 16(2)
aquaculture furniture, for schedule 7A, see the Fisheries Act, schedule.
def aquaculture furniture ins 2014 SL No. 149 s 22(2)
area management advice ...
def area management advice om 2014 SL No. 149 s 18(1)
artificial waterway see the Coastal Protection and Management Act, section 8.
assessment manager application fee see section 21A (1).
def assessment manager application fee ins 2013 SL No. 114 s 15(2)
assessment manager application fee component see section 21A (2).
def assessment manager application fee component ins 2014 SL No. 149 s 22(2)
Australian Noise Exposure Forecast has the same meaning as in the State Planning Policy.
def Australian Noise Exposure Forecast sub 2013 SL No. 258 s 16(1)–(2)
amd 2014 SL No. 236 s 12(1)
authorised electricity entity means an entity authorised, or taken to be authorised, under the Electricity Act 1994 , section 116 (1), to acquire land.
background level ...
def background level ins 2010 SL No. 84 s 4(1)
om 2016 SL No. 210 s 12(1)
bankfull width ...
def bankfull width ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
beach replenishment ...
def beach replenishment ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
bed and banks ...
def bed and banks om 2014 Act No. 64 s 248(1)
boot camp centre ...
def boot camp centre ins 2014 SL No. 38 s 4
om 2015 SL No. 127 s 5
boot camp centre provider ...
def boot camp centre provider ins 2014 SL No. 38 s 4
om 2015 SL No. 127 s 5
boot camp program ...
def boot camp program ins 2014 SL No. 38 s 4
om 2015 SL No. 127 s 5
Brisbane core port land see the Transport Infrastructure Act, section 283K.
def Brisbane core port land ins 2013 SL No. 114 s 15(2)
Brisbane port LUP means the plan, approved under the Transport Infrastructure Act, chapter 8, part 3C, that regulates development on Brisbane core port land.
def Brisbane port LUP ins 2013 SL No. 114 s 15(2)
business activities means the group of uses identified as business activities under the standard planning scheme provisions.
def business activities ins 2013 SL No. 28 s 16(2)
busway transport infrastructure see the Transport Infrastructure Act, schedule 6.
busway transport infrastructure works see the Transport Infrastructure Act, schedule 6.
def busway transport infrastructure works ins 2010 SL No. 343 s 5(2)
canal see the Coastal Protection and Management Act, section 9.
caretaker’s accommodation means caretaker’s accommodation as defined under the standard planning scheme provisions.
def caretaker’s accommodation ins 2015 SL No. 156 s 6(2)
car park means a car park as defined under the standard planning scheme provisions.
def car park ins 2013 SL No. 28 s 16(2)
category 1 failure impact rating see the Water Supply Act , schedule 3.
def category 1 failure impact rating ins 2016 SL No. 210 s 12(2)
category 1 levee see the Water Regulation 2016 , section 101(2).
def category 1 levee ins 2014 SL No. 63 s 8(1)
amd 2016 SL No. 216 s 146 sch 20
category 2 failure impact rating see the Water Supply Act , schedule 3.
def category 2 failure impact rating ins 2016 SL No. 210 s 12(2)
category 2 levee see the Water Regulation 2016 , section 101(3).
def category 2 levee ins 2014 SL No. 63 s 8(1)
amd 2016 SL No. 216 s 146 sch 20
category 3 levee see the Water Regulation 2016 , section 101(4).
def category 3 levee ins 2014 SL No. 63 s 8(1)
amd 2016 SL No. 216 s 146 sch 20
category A area means a category A area under the Vegetation Management Act.
category B area means a category B area under the Vegetation Management Act.
category C area means a category C area under the Vegetation Management Act.
category X area means a category X area under the Vegetation Management Act.
class, for a building or structure, means its particular classification under the BCA.
club means a club as defined under the standard planning scheme provisions.
def club ins 2013 SL No. 28 s 16(2)
coastal dune means a ridge or hillock of sand or other material—
(a)on the coast; and
(b)built up by the wind.
coastal management see the Coastal Protection and Management Act, section 11.
def coastal management ins 2013 SL No. 258 s 16(2)
Coastal Protection and Management Act means the Coastal Protection and Management Act 1995 .
commercial corridor land see the Transport Infrastructure Act, schedule 6.
Commonwealth Minister, for part 6, see section 31.
community residence means a community residence as defined in the standard planning scheme provisions.
concurrence agency application fee see section 21G (1).
def concurrence agency application fee ins 2013 SL No. 114 s 15(2)
sub 2014 SL No. 149 s 22(1)–(2)
concurrence agency application fee component see section 21G (2).
def concurrence agency application fee component ins 2014 SL No. 149 s 22(2)
construction work, for schedule 7A, see the Building and Construction Industry Payments Act 2004 , section 10.
def construction work ins 2014 SL No. 149 s 22(2)
contaminated land see the Environmental Protection Act, schedule 4.
contaminated land register means the contaminated land register under the Environmental Protection Act.
core airport infrastructure see the Airport Assets (Restructuring and Disposal) Act 2008 , schedule 3.
cultural heritage significance, in relation to a place for schedule 3, part 1, table 5, item 3, means its aesthetic, architectural, historical, scientific, social or other significance, to the present generation or past or future generations.
def cultural heritage significance amd 2011 SL No. 266 s 4(2); 2012 SL No. 42 s 6(3) (disallowed 11 July 2012); 2015 SL No. 107 s 15; 2016 SL No. 210 s 12(3)
dam—
(a)has the meaning given by the Water Act 2000 , schedule 4; and
(b)for schedule 3, part 1, table 4, item 4, schedule 6, table 3, item 3A, schedule 7, table 2, item 11 and schedule 7A, part 1, item 6 and part 2, item 24, includes a proposed dam.
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.
declared catchment area ...
def declared catchment area ins 2013 SL No. 114 s 15(2)
om 2013 SL No. 258 s 16(1)
declared pest means a plant, other than a native species of plant, that is—
(a)invasive biosecurity matter under the Biosecurity Act 2014 ; orFor invasive biosecurity matter under the Biosecurity Act 2014 see—1the Biosecurity Act 2014, schedule 1, part 3 or 4 or schedule 2, part 2; and2the note to the Biosecurity Act 2014, schedules 1 and 2.
(b)controlled biosecurity matter or regulated biosecurity matter under the Biosecurity Act 2014 .
def declared pest sub 2016 SL No. 75 s 129 sch 12
defined flood level see the Building Regulation 2006 , section 13.
def defined flood level ins 2012 SL No. 186 s 13
amd 2013 SL No. 304 s 11(3)
designated proponent, for part 6, see section 31.
disaster situation declaration, for an area, means a declaration of a disaster situation for the area under the Disaster Management Act 2003 , section 64 or 69 if—
(a)the declaration relates to an event mentioned in section 16 (1) (a) or that Act; and
(b)the disaster situation has not ended under section 71 of that Act.
def disaster situation declaration ins 2013 SL No. 258 s 16(2)
distributor-retailer means a distributor-retailer established under the SEQ Water Act, section 8.
def distributor-retailer ins 2010 Act No. 20 s 74
domestic housing activity means the construction or use of a single residence on a lot and any reasonably associated building or structure.
Examples of a building or structure that could be reasonably associated with a single residence—
caretaker’s accommodation, granny flat, building or structure used for a home business
def domestic housing activity amd 2015 SL No. 156 s 6(3)
domestic outbuilding means a domestic outbuilding as defined under the standard planning scheme provisions.
def domestic outbuilding ins 2015 SL No. 156 s 6(2)
domestic purposes ...
def domestic purposes ins 2014 Act No. 29 s 135
om 2016 SL No. 216 s 146 sch 20
dual occupancy means a dual occupancy as defined under the standard planning scheme provisions.
def dual occupancy ins 2015 SL No. 156 s 6(2)
dwelling means—
(a)for schedule 9, items 1 and 27—a dwelling as defined in the standard planning scheme provisions; or
(b)otherwise—a dwelling house or dwelling unit.
def dwelling ins 2014 SL No. 149 s 22(2)
sub 2015 SL No. 156 s 6(1)–(2); 2016 SL No. 210 s 12(1)–(2)
dwelling house means a dwelling house as defined under the standard planning scheme provisions.
def dwelling house ins 2015 SL No. 156 s 6(2)
dwelling unit means a dwelling unit as defined under the standard planning scheme provisions.
def dwelling unit ins 2015 SL No. 156 s 6(2)
educational establishment means an educational establishment as defined under the standard planning scheme provisions.
def educational establishment ins 2013 SL No. 28 s 16(2)
education and care service premises ...
def education and care service premises ins 2011 SL No. 278 s 28
om 2014 SL No. 149 s 18(1)
electricity infrastructure means operating works under the Electricity Act 1994 , section 12 (3).
def electricity infrastructure ins 2011 SL No. 246 s 13(2)
eligible development ...
def eligible development ins 2014 SL No. 149 s 22(2)
om 2015 SL No. 14 s 9(1)
encroachment, for schedule 7A, see the Vegetation Management Act, schedule.
def encroachment ins 2013 SL No. 114 s 15(2)
endangered regional ecosystem means an endangered regional ecosystem under the Vegetation Management Act.
def endangered regional ecosystem ins 2013 SL No. 258 s 16(2)
entertainment activities means the group of uses identified as entertainment activities under the standard planning scheme provisions.
def entertainment activities ins 2013 SL No. 28 s 16(2)
environmental management register means the environmental management register under the Environmental Protection Act.
erosion prone area see the Coastal Protection and Management Act, schedule.
def erosion prone area ins 2014 SL No. 149 s 22(2)
essential management means clearing native vegetation—
(a)for establishing or maintaining a necessary firebreak to protect infrastructure other than a fence, road or vehicular track, if the maximum width of the firebreak is equivalent to 1.5 times the height of the tallest vegetation adjacent to the infrastructure, or 20m, whichever is the greater; or
(b)for establishing a necessary fire management line if the maximum width of the clearing for the fire management line is 10m; or
(c)necessary to remove or reduce the imminent risk that the vegetation poses of serious personal injury or damage to infrastructure; or
(d)by fire under the Fire and Emergency Services Act 1990 to reduce hazardous fuel load; or
(e)necessary to maintain infrastructure including any core airport infrastructure, buildings, fences, helipads, roads, stockyards, vehicular tracks, watering facilities and constructed drains other than contour banks, other than to source construction material; or
(f)for maintaining a garden or orchard, other than clearing predominant canopy trees to maintain underplantings established within remnant vegetation; or
(g)on land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes to source construction timber 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 as defined under the Vegetation Management Act; and(iii)restoration of a similar type, and to the extent of the removed trees, is ensured; or
(h)by the owner on freehold land to source construction timber to maintain infrastructure on any land of the owner, if—(i)the clearing does not cause land degradation as defined under the Vegetation Management Act; and(ii)restoration of a similar type, and to the extent of the removed trees, is ensured.
def essential management amd 2014 Act No. 17 s 184 sch 1 pt 2
excluded area, for schedule 7, table 3, item 2, means the part of the local government area of the Brisbane City Council or the Gold Coast City Council that is under the threshold exemption areas layer of the department’s development assessment mapping system.
The development assessment mapping system can be accessed on the department’s website.
excluded material change of use—
1Excluded material change of use, for schedule 3, part 1, table 2, item 12, means a material change of use of premises—(a)if the premises adjoins an archaeological State heritage place within the meaning of the Queensland Heritage Act 1992, schedule; or(b)that is for—(i)a dwelling house more than 25m from the boundary of a lot that is or contains a Queensland heritage place; or(ii)any use more than 75m from the boundary of a lot that is or contains a Queensland heritage place; or(c)that involves single storey buildings or structures only; or(d)that does not involve building work, other than—(i)the internal alteration of existing buildings or structures; or(ii)minor building work that is the external alteration of existing buildings or structures.
2Excluded material change of use, for schedule 7, table 3, items 1, 14 and 15A, means a material change of use of premises that—(a)does not involve new or changed access between the premises and any of the following—(i)a State transport corridor;(ii)a road that intersects with a State-controlled road;(iii)a road that intersects with a railway crossing; and(b)is for—(i)1 or more of the following uses—(A)a dwelling house;(B)a secondary dwelling associated with a dwelling house on the premises;(C)a domestic outbuilding associated with a dwelling house on the premises;(D)a dwelling unit;(E)a dual occupancy;(F)caretaker’s accommodation;(G)a community residence; or(ii)a use, other than as a food and drink outlet, a service station or a use mentioned in subparagraph (i), and all of the following apply—(A)the premises have a gross floor area of 100m2 or less and the material change of use does not increase the gross floor area;(B)the material change of use does not involve building work, other than internal alterations;(C)if the material change of use involves building or extending a hardstanding area—the hardstanding area or extension is not more than 25m2.
def excluded material change of use ins 2015 SL No. 156 s 6(2)
sub 2016 SL No. 210 s 12(1)–(2)
excluded work—
1Excluded work, for schedule 3, part 1, table 4, item 5, means maintenance work on a lawful work.
2Excluded work, for schedule 3, part 1, table 4, item 5(a) also means carrying out alterations to existing lawful boat ramps, bridges, pontoons, slipways, wharves and jetties (the existing structures) other than alterations—(a)creating roofed structures, including sheds and gazebos; or(b)that change the footprint of the existing structures; or(c)to the dimensions or structural capacity of the existing structures; or(d)that may affect safe navigable access to or from tidal water or to or from properties adjoining tidal water, including alterations to clearance heights or lighting.
3Excluded work, for schedule 3, part 1, table 4, item 5(b)(i) and (iv) also means—(a)minor work that—(i)has an insignificant impact on coastal management; and(ii)is reversible or expendable; or(b)work which the chief executive is satisfied would have an insignificant impact on coastal management.
4Excluded work, for schedule 7, table 3, item 5 also means work which the chief executive is satisfied would have an insignificant impact on coastal management.
5Excluded work does not include work to which section 584 of the Act applies.
def excluded work amd 2012 SL No. 118 s 8(2); 2013 SL No. 258 s 16(3)–(4); 2013 SL No. 28 s 16(3)–(4)
exempt bore ...
def exempt bore ins 2014 Act No. 29 s 135
om 2016 SL No. 216 s 146 sch 20
existing levee see the Water Act 2000 , section 1247 (2).
def existing levee ins 2014 SL No. 63 s 8(1)
existing school campus ...
def existing school campus amd 2011 SL No. 266 s 4(3); 2012 SL No. 42 s 6(4) (disallowed 11 July 2012)
om 2016 SL No. 210 s 12(1)
external alteration, of a building or structure, means building work that is not an internal alteration.
extractive industry means an extractive industry as defined under the standard planning scheme provisions.
def extractive industry ins 2013 SL No. 28 s 16(2)
failure impact assessed means failure impact assessed under the Water Supply Act, section 343.
def failure impact assessed ins 2011 SL No. 77 s 11(1)
failure impact assessment see the Water Supply (Safety and Reliability) Act 2008 , section 342 (1).
def failure impact assessment ins 2014 SL No. 149 s 22(2)
fast-track development means development that meets the criteria stated in the State development assessment provisions for fast-track development.
def fast-track development ins 2014 SL No. 149 s 22(2)
fire safety system means a fire safety system as defined under the BCA, volume 1, part A1.
Fisheries Act means the Fisheries Act 1994 .
fisheries department ...
def fisheries department ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
fish habitat management operational policy ...
def fish habitat management operational policy ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
fish movement exemption notice, for schedule 7A, see the Fisheries Act 2008 , schedule.
def fish movement exemption notice ins 2013 SL No. 114 s 15(2)
flood hazard area means a flood hazard area designated by a local government under the Building Regulation 2006 , section 13 (1) (a).
def flood hazard area ins 2013 SL No. 304 s 11(2)
fodder harvesting, for schedule 7A, see the Vegetation Management Act, schedule.
def fodder harvesting ins 2013 SL No. 114 s 15(2)
food and drink outlet means a food and drink outlet as defined under the standard planning scheme provisions.
def food and drink outlet ins 2013 SL No. 28 s 16(2)
footprint, for a provision about development, unless otherwise provided, means the portion of the land to which the development relates that is covered by—
(a)buildings or structures measured to their outermost projection; and
(b)any of the following relating to the buildings or structures or the development—(i)asphalt, concrete or another hard built surface;(ii)a car park;(iii)a road or access track;(iv)an area used for vehicle movement or parking;(v)an area used or that may be used for storage.
def footprint ins 2011 Act No. 47 s 299
sub 2013 SL No. 114 s 15; 2014 SL No. 88 s 25
function facility means a function facility as defined under the standard planning scheme provisions.
def function facility ins 2013 SL No. 28 s 16(2)
future public passenger transport corridor means land identified in a guideline made under the Transport Planning and Coordination Act 1994 , section 8E for any of the following—
(a)busway transport infrastructure;
(b)busway transport infrastructure works;
(c)light rail transport infrastructure;
(d)light rail transport infrastructure works;
(e)rail transport infrastructure;
(f)railway works.
def future public passenger transport corridor (prev def future public transport corridor) sub 2010 SL No. 343 s 5
amd 2013 SL No. 28 s 16(4)
future public passenger transport facility means any of the following identified in a guideline made under the Transport Planning and Coordination Act 1994 , section 8E—
(a)a future busway station;
(b)a future railway passenger station;
(c)a future light rail station;
(d)a future passenger transport interchange facility.
def future public passenger transport facility amd 2013 SL No. 28 s 16(3)
future railway land see the Transport Infrastructure Act, section 242.
future State-controlled road means a road or land that the chief executive administering the Transport Infrastructure Act has, by written notice given to a local government and published in the gazette, indicated is intended to become a State-controlled road under that Act, section 42.
def future State-controlled road amd 2013 SL No. 28 s 16(5)
future State-controlled transport tunnel means a tunnel that forms part of—
(a)future State-controlled road; or
(b)future railway land; or
(c)a future public passenger transport corridor.
def future State-controlled transport tunnel ins 2013 SL No. 28 s 16(2)
G20 means the international forum known as the Group of Twenty.
def G20 ins 2013 SL No. 168 s 7
G20 radiocommunications works means radiocommunications infrastructure or equipment, to be constructed, installed or used in Queensland as part of the project known as the Government Wireless Network, for any of the following events—
(a)the meeting of G20 finance ministers, deputy finance ministers and central bank governors in Cairns on 20 and 21 September 2014;
(b)the G20 leaders’ summit in Brisbane on 15 and 16 November 2014;
(c)a meeting of G20 sherpas in Queensland relating to an event mentioned in paragraph (a) or (b);
(d)a meeting, function or activity of G20 leaders, ministers, sherpas, delegates or invitees in Queensland relating to an event mentioned in paragraph (a), (b) or (c).
def G20 radiocommunications works ins 2013 SL No. 168 s 7
GFA, for a development application, means the gross floor area.
Gold Coast waters see the Gold Coast Waterways Authority Act 2012 , section 7 (1).
def Gold Coast waters ins 2012 SL No. 232 s 13
government supported transport infrastructure means transport infrastructure that—
(a)is funded, wholly or partly, by appropriations from the consolidated fund; or
(b)is funded, wholly or partly, by borrowings made by the Government (other than commercial borrowings made by the Queensland Treasury Corporation acting as an agent); or
(c)is funded, wholly or partly, by borrowings guaranteed by the Government other than borrowings for commercial investments; or
(d)is provided by a person on the basis of conditions agreed to by the Government that are intended to support the commercial viability of the infrastructure; or
(e)is funded, wholly or partly, by the Commonwealth.
def government supported transport infrastructure ins 2011 SL No. 246 s 13(2)
Great Artesian Basin plan area ...
def Great Artesian Basin plan area ins 2014 Act No. 29 s 135
om 2016 SL No. 216 s 146 sch 20
Great Barrier Reef wetland protection area ...
def Great Barrier Reef wetland protection area ins 2010 SL No. 76 s 14
om 2011 SL No. 246 s 13(1)
gross floor area, for a building, means the total floor area of all storeys of the building, including any mezzanines, (measured from the outside of the external walls and the centre of any common walls of the building), other than areas used for—
(a)building services; or
(b)a ground floor public lobby; or
(c)a public mall in a shopping complex; or
(d)parking, loading or manoeuvring of vehicles; or
(e)balconies, whether roofed or not.
hazardous contaminant ...
def hazardous contaminant om 2014 SL No. 149 s 18(1)
health care services ...
def health care services ins 2013 SL No. 28 s 16(2)
om 2014 SL No. 149 s 18(1)
highest astronomical tide, for schedule 7A, see section 744(3) of the Act, definition highest astronomical tide.
def highest astronomical tide ins 2016 SL No. 111 s 26(1)
high impact earthworks—
1High impact earthworks means operational work that involves changing the form of land, or placing a structure on land, in a way that diverts water to or from a wetland.
2However, high impact earthworks does not include operational work that is—(a)necessary to maintain infrastructure including any core airport infrastructure, buildings, dams, fences, helipads, roads, stockyards, vehicular tracks, watering facilities and constructed drains other than contour banks, other than to source construction material; or(b)carried out for a forest practice; or(c)excavating not more than 100m3 of material, or using not more than 100m3 of material as fill; or(d)excavating not more than 1000m3 of material, or using not more than 1000m3 of material as fill, if the excavating or filling is more than 200m from the wetland in a wetland protection area; or(e)excavating to establish underground infrastructure, other than infrastructure for drainage or stormwater flows, if the excavated land is to be restored, as far as practicable, to its original contours after the infrastructure is established; or(f)carried out to restore or conserve the ecological processes or hydrological functions of a wetland protection area; or(g)carried out completely or partly in a declared fish habitat area, if the work is assessable development under schedule 3, part 1; or(h)the constructing or raising of waterway barrier works, if the work is self-assessable development under schedule 3, part 2; or(i)carried out under—(i)the Electricity Act 1994 , section 101 or 112A; or(ii)the Fire and Emergency Services Act 1990 , section 53, 68 or 69; or(iii)a geothermal exploration permit under the Geothermal Energy Act 2010 ; or(j)the laser levelling of land if the work does not change the previously levelled contours or slope of the land; or(k)carried out for government supported transport infrastructure for which the funding and construction arrangements were approved by the State or Commonwealth before 31 October 2011; or(l)the maintenance of government supported transport infrastructure, including any of the following relating to the infrastructure—(i)rehabilitation;(ii)replacement;(iii)repair;(iv)recurrent servicing;(v)preventive and remedial action;(vi)removal;(vii)alteration;(viii)maintaining systems and services; or(m)carried out within a coastal management district; or(n)necessary to reinstate earthworks destroyed by floods or landslides; or(o)carried out in tidal water.
def high impact earthworks ins 2010 SL No. 76 s 14
amd 2011 SL No. 47 s 3; 2011 SL No. 246 s 13(3)–(4); 2013 SL No. 28 s 16(6); 2013 SL No. 45 s 6; 2014 Act No. 17 s 184 sch 1 pt 2; 2014 Act No. 40 s 154 sch 1 pt 3
high impact industry means high impact industry as defined under the standard planning scheme provisions.
def high impact industry ins 2013 SL No. 28 s 16(2)
high-risk waterway, for schedule 7A, means a waterway shown in the waterways spatial data layer as a high-risk waterway.
def high-risk waterway ins 2014 SL No. 149 s 22(2)
high value agriculture clearing see the Vegetation Management Act, schedule.
def high value agriculture clearing ins 2013 SL No. 258 s 16(2)
hospital means a hospital as defined under the standard planning scheme provisions.
def hospital ins 2013 SL No. 28 s 16(2)
hotel means a hotel as defined under the standard planning scheme provisions.
def hotel ins 2013 SL No. 28 s 16(2)
indigenous freshwater fish means a fish that is—
(a)a freshwater fish as defined under the Fisheries Regulation 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 tidal waters.
indigenous marine fish means a fish that is indigenous, within the meaning of the Fisheries Act, schedule, definition indigenous fisheries resources, to only Queensland tidal waters.
industrial area means land, however described, that is designated in a planning instrument as industrial, or that is predominantly industrial in character, having regard to—
(a)dominant land uses in the area; or
(b)the relevant provisions of a planning instrument applying to the area.
Examples of ways of describing industrial areas—
•heavy industry•commercial industry•light industry•service industry•general industry•waterfront industry•extractive industry
industry activities means the group of uses identified as industry activities under the standard planning scheme provisions.
def industry activities ins 2013 SL No. 28 s 16(2)
intensive animal feedlotting, for schedule 7A, means a relevant activity mentioned in the Environmental Protection Regulation 2008 , schedule 2, section 2.
def intensive animal feedlotting ins 2014 SL No. 149 s 22(2)
intensive animal industries means intensive animal industries as defined under the standard planning scheme provisions.
def intensive animal industries ins 2013 SL No. 28 s 16(2)
interim koala habitat protection area ...
def interim koala habitat protection area om 2010 SL No. 98 s 7
internal alteration, of a building or structure, means building work that is wholly inside the building or structure.
irrigated high value agriculture clearing see the Vegetation Management Act, schedule.
def irrigated high value agriculture clearing ins 2013 SL No. 258 s 16(2)
key resource area has the same meaning as in the State Planning Policy.
def key resource area amd 2011 SL No. 139 s 12
sub 2013 SL No. 258 s 16(1)–(2)
amd 2014 SL No. 236 s 12(1)
koala conservation area ...
def koala conservation area om 2010 SL No. 98 s 7
koala sustainability area ...
def koala sustainability area om 2010 SL No. 98 s 7
lake see the Water Act 2000 , schedule 4.
land relating to a State-controlled road ...
def land relating to a State-controlled road om 2013 SL No. 28 s 16(1)
land use plan means a plan approved under the Transport Infrastructure Act, section 286.
least concern regional ecosystem means a least concern regional ecosystem under the Vegetation Management Act.
LGA population 1 means a local government area of a local government mentioned in schedule 25.
LGA population 2 means a local government area that is not an LGA population 1.
light rail transport infrastructure see the Transport Infrastructure Act, schedule 6.
light rail transport infrastructure works see the Transport Infrastructure Act, schedule 6.
def light rail transport infrastructure works ins 2010 SL No. 343 s 5(2)
livestock means alpacas, buffalo, camels, cattle, deer, emus, goats, horses, ostriches, pigs, poultry or sheep.
def livestock ins 2013 SL No. 151 s 5
loss of capacity, of tidal land, means the loss of the capacity of the land to sustain marine plants of the quality or quantity sustained on the land before the operational work is approved.
def loss of capacity ins 2013 SL No. 114 s 15(2)
amd 2014 SL No. 149 s 22(3)
low impact industry means low impact industry as defined under the standard planning scheme provisions.
def low impact industry ins 2013 SL No. 28 s 16(2)
low-risk waterway, for schedule 7A, means a waterway shown in the waterways spatial data layer as a low-risk waterway.
def low-risk waterway ins 2014 SL No. 149 s 22(2)
Lyngbya means a plant of the genus Lyngbya.
mainstream waterway ...
def mainstream waterway ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
maintenance cover means a cover, whether above, at, or below ground level, for a chamber through which a person, machine or device may gain access to a sewer, water main or stormwater drain for the purpose of inspecting, maintaining or replacing the sewer, water main or stormwater drain.
def maintenance cover ins 2013 SL No. 217 s 12
maintenance works declared fish habitat area code ...
def maintenance works declared fish habitat area code ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
major hazard facility see the Work Health and Safety Regulation 2011 , schedule 19.
def major hazard facility sub 2011 SL No. 240 s 824
major-risk waterway, for schedule 7A, means a waterway shown in the waterways spatial data layer as a major-risk waterway.
def major-risk waterway ins 2014 SL No. 149 s 22(2)
major sport, recreation and entertainment facility means a major sport, recreation and entertainment facility as defined under the standard planning scheme provisions.
def major sport, recreation and entertainment facility ins 2013 SL No. 28 s 16(2)
major tributary ...
def major tributary ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
master plan means a master plan—
(a)continued in force under chapter 10, part 6 of the Act; and
(b)that has not ceased to have effect under section 907 of the Act.
def master plan ins 2012 SL No. 228 s 6
master planned area, for a priority port, see the Sustainable Ports Development Act 2015 , section 6.
def master planned area ins 2015 Act No. 28 s 54 sch 2
maximum flow velocity of water see the Building Regulation 2006 , section 13.
def maximum flow velocity of water ins 2012 SL No. 186 s 13
amd 2013 SL No. 304 s 11(3)
medium impact industry means medium impact industry as defined under the standard planning scheme provisions.
def medium impact industry ins 2013 SL No. 28 s 16(2)
minor building work means minor building work as defined in the standard planning scheme provisions.
minor waterway barrier works code ...
def minor waterway barrier works code ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
miscellaneous transport infrastructure see the Transport Infrastructure Act, section 416.
moderate-risk waterway, for schedule 7A, means a waterway shown in the waterways spatial data layer as a moderate-risk waterway.
def moderate-risk waterway ins 2014 SL No. 149 s 22(2)
modify, for an existing levee, see the Water Regulation 2016 , schedule 19.
def modify ins 2014 SL No. 63 s 8(1)
amd 2016 SL No. 216 s 146 sch 20
monitoring bore means a water bore used for monitoring—
(a)the physical characteristics of an aquifer; or
(b)the physical, chemical or biological characteristics of water in an aquifer.Examples of physical characteristics of water—
standing water level, water discharge rate, water pressure
def monitoring bore ins 2014 Act No. 29 s 135
multiple dwelling means a multiple dwelling as defined under the standard planning scheme provisions.
def multiple dwelling ins 2015 SL No. 156 s 6(2)
natural hazard management area (flood) ...
def natural hazard management area (flood) ins 2012 SL No. 186 s 13
om 2013 SL No. 304 s 11(1)
nature-based tourism means nature-based tourism as defined in the standard planning scheme provisions.
necessary environmental clearing see the Vegetation Management Act, schedule.
def necessary environmental clearing ins 2013 SL No. 258 s 16(2)
new or changed access, between premises and a State-controlled road or public passenger transport corridor on which light rail transport infrastructure is situated, means—
(a)the use of a new location as a relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor; or
(b)the construction of a new relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor; or
(c)an extension of an existing relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor; orwidening a driveway to allow access by a wide-turning vehicle
(d)an increase in the number of vehicles regularly using an existing relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor; or
(e)a change in the type of vehicles regularly using an existing relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor.
def new or changed access ins 2015 SL No. 156 s 6(2)
non-host lot means a lot no part of which is used for a wind farm or part of a wind farm.
non-profit organisation ...
def non-profit organisation ins 2014 SL No. 149 s 22(2)
om 2015 SL No. 14 s 9(1)
non-resident workforce accommodation means non-resident workforce accommodation as defined in the standard planning scheme provisions.
def non-resident workforce accommodation ins 2016 SL No. 210 s 12(2)
non-State school ...
def non-State school amd 2011 SL No. 266 s 4(4); 2012 SL No. 42 s 6(5) (disallowed 11 July 2012)
om 2016 SL No. 210 s 12(1)
notifiable activity ...
def notifiable activity om 2014 SL No. 149 s 18(1)
noxious and hazardous industries means noxious and hazardous industries as defined under the standard planning scheme provisions.
def noxious and hazardous industries ins 2013 SL No. 28 s 16(2)
obstacle limitation surface means an obstacle limitation surface established under the Civil Aviation Safety Regulations 1998 (Cwlth).
def obstacle limitation surface ins 2013 SL No. 28 s 16(2)
of concern regional ecosystem means an of concern regional ecosystem under the Vegetation Management Act.
office means an office as defined under the standard planning scheme provisions.
def office ins 2013 SL No. 28 s 16(2)
operational airspace has the same meaning as in the State Planning Policy.
def operational airspace sub 2013 SL No. 258 s 16(1)–(2)
amd 2014 SL No. 236 s 12(1)
other rail infrastructure see the Transport Infrastructure Act, schedule 6.
PDA-associated land, for a priority development area, has the meaning given under the Economic Development Act 2012 .
def PDA-associated land ins 2016 SL No. 62 s 21(2)
PDA-related development means—
(a)development in a priority development area; or
(b)PDA-associated development for a priority development area under the Economic Development Act 2012 .
def PDA-related development ins 2014 SL No. 149 s 18(2)
sub 2016 SL No. 62 s 21
permanent impact ...
def permanent impact ins 2011 Act No. 47 s 299
om 2014 SL No. 88 s 25(1)
petroleum activities see the Environmental Protection Act, schedule 4.
pig keeping, for schedule 7A, means a relevant activity mentioned in the Environmental Protection Regulation 2008 , schedule 2, section 3.
def pig keeping ins 2014 SL No. 149 s 22(2)
PMAV means a property map of assessable vegetation under the Vegetation Management Act.
population at risk, for schedule 7A, see the Water Supply (Safety and Reliability) Act 2008 , section 346 (2).
def population at risk ins 2014 SL No. 149 s 22(2)
port authority see the Transport Infrastructure Act, schedule 6.
port overlay, for a priority port’s master planned area, means the port overlay made for the area under the Sustainable Ports Development Act 2015 , part 2, division 3.
def port overlay ins 2015 Act No. 28 s 54 sch 2
possible major hazard facility ...
def possible major hazard facility om 2011 SL No. 240 s 824(1)
potentially affected premises ...
def potentially affected premises ins 2013 SL No. 28 s 16(2)
om 2014 SL No. 149 s 18(1)
potentially sensitive material change of use of premises ...
def potentially sensitive material change of use of premises ins 2013 SL No. 28 s 16(2)
om 2014 SL No. 149 s 18(1)
potential SCL ...
def potential SCL ins 2011 Act No. 47 s 299
om 2014 SL No. 88 s 25(1)
poultry farming, for schedule 7A, means a relevant activity mentioned in the Environmental Protection Regulation 2008 , schedule 2, section 4.
def poultry farming ins 2014 SL No. 149 s 22(2)
priority development area means a priority development area under the Economic Development Act 2012 .
def priority development area ins 2013 SL No. 2 s 30(2)
priority port see the Sustainable Ports Development Act 2015 , section 5.
def priority port ins 2015 Act No. 28 s 54 sch 2
private purpose, for schedule 7A, see the Coastal Protection and Management Regulation 2003 , schedule 4A, section 3.
def private purpose ins 2013 SL No. 114 s 15(2)
amd 2013 SL No. 204 s 24(3)
proposed major hazard facility see the Work Health and Safety Regulation 2011 , schedule 19.
def proposed major hazard facility ins 2011 SL No. 240 s 824(2)
protection area ...
def protection area ins 2011 Act No. 47 s 299
om 2014 SL No. 88 s 25(1)
public hospital ...
def public hospital ins 2012 SL No. 42 s 6(2) (disallowed 11 July 2012)
public marine transport infrastructure see the Transport Infrastructure Act, schedule 6.
def public marine transport infrastructure ins 2010 SL No. 343 s 5(2)
public passenger service see the Transport Operations (Passenger Transport) Act 1994 , schedule 3.
def public passenger service ins 2010 SL No. 343 s 5(2)
public passenger transport corridor means land—
(a)on which any of the following transport infrastructure is situated, if the infrastructure is, or is to be, used for providing a public passenger service—(i)busway transport infrastructure;(ii)light rail transport infrastructure; or
(b)on which the following works are being done, if the works relate to transport infrastructure to which paragraph (a) applies—(i)busway transport infrastructure works;(ii)light rail transport infrastructure works; or
(c)on which other services are provided for the maintenance or operation of transport infrastructure to which paragraph (a) applies.
def public passenger transport corridor (prev def public transport corridor) sub 2010 SL No. 343 s 5
amd 2013 SL No. 28 s 16(8)
sub 2013 SL No. 197 s 6
amd 2016 SL No. 210 s 12(4)
public passenger transport facility means any of the following—
(a)a busway station;
(b)a railway passenger station;
(c)a light rail station;
(d)a passenger transport interchange facility identified in a guideline made under the Transport Planning and Coordination Act 1994 , section 8E.
def public passenger transport facility amd 2013 SL No. 28 s 16(7)
public safety area has the same meaning as in the State Planning Policy.
def public safety area sub 2013 SL No. 258 s 16(1)–(2)
amd 2014 SL No. 236 s 12(1)
QPW code see the Standard Plumbing and Drainage Regulation 2003 , schedule 6.
def QPW code ins 2012 SL No. 167 s 52
qualitative statement means a qualitative statement or other provision about a performance or outcome sought to be achieved when applicable buildings or structures are finished.
quantifiable standard means a standard that achieves a performance or outcome sought under a qualitative statement.
rail corridor land see the Transport Infrastructure Act, schedule 6.
rail transport infrastructure see the Transport Infrastructure Act, schedule 6.
railway means land on which—
(a)rail transport infrastructure or other rail infrastructure is situated; or
(b)railway works are being done, if the works relate to transport infrastructure to which paragraph (a) applies; or
(c)other services, relating to the maintenance or operation of infrastructure mentioned in paragraph (a), are being provided.
def railway ins 2013 SL No. 28 s 16(2)
amd 2014 SL No. 47 s 7(1)
sub 2016 SL No. 210 s 12(1)–(2)
railway crossing see the Transport Infrastructure Act 1994 , schedule 6.
railway tunnel easement see the Transport Infrastructure Act, schedule 4.
railway works see the Transport Infrastructure Act, schedule 6.
def railway works ins 2010 SL No. 343 s 5(2)
recreation activities means the group of uses identified as recreation activities under the standard planning scheme provisions.
def recreation activities ins 2013 SL No. 28 s 16(2)
referable dam see the Water Supply Act, section 341.
regional ecosystem map see the Vegetation Management Act, section 20A.
registered area of agriculture map ...
def registered area of agriculture map ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
registered non-profit organisation, for part 3, division 3, see section 21AA.
def registered non-profit organisation ins 2015 SL No. 14 s 9(2)
regrowth clearing authorisation ...
def regrowth clearing authorisation om 2014 SL No. 149 s 22(1)
regrowth vegetation ...
def regrowth vegetation ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
regrowth vegetation code means the regrowth vegetation code under the Vegetation Management Act, section 19S (1).
def regrowth vegetation code om 2014 SL No. 149 s 22(1)
regrowth vegetation map ...
def regrowth vegetation map om 2014 SL No. 149 s 22(1)
regulated regrowth vegetation means regulated regrowth vegetation under the Vegetation Management Act.
regulated vegetation management map see the Vegetation Management Act, section 20A.
def regulated vegetation management map ins 2013 SL No. 258 s 16(2)
relevant aspect, of development the subject of a development application—
(a)for an assessment manager application fee—see section 21A (1); or
(b)for a concurrence agency application fee—see section 21G (1).
def relevant aspect ins 2014 SL No. 149 s 22(2)
relevant impacts, for part 6, see section 31.
relevant instrument of lease means an instrument of lease for a grant of a residential lease over a part of a lot that—
(a)was previously subject to a social housing lease; and
(b)is the same part of the lot that was subject to—(i)a partial surrender of the social housing lease; or(ii)if the part of the lot is the last remaining part of the social housing lease—a whole surrender of the lease.
def relevant instrument of lease ins 2012 SL No. 118 s 8(1)
relevant program ...
def relevant program amd 2010 SL No. 84 s 4(2)
sub 2011 SL No. 266 s 4(5); 2012 SL No. 42 s 6(1)–(2) (disallowed 11 July 2012)
om 2016 SL No. 210 s 12(1)
relevant service provider means any of the following—
(a)for a sewer—the sewerage service provider for the sewer;
(b)for a water main—the water service provider for the water main;
(c)for a stormwater drain—the owner of the stormwater drain.
def relevant service provider ins 2013 SL No. 217 s 12
relevant vehicular access, to a State-controlled road, or between premises and a State-controlled road or public passenger transport corridor, means—
(a)a road, other than a pedestrian or bicycle path, that provides access to the State-controlled road, or between the premises and the State-controlled road or public passenger transport corridor; or
(b)a driveway that provides access to the State-controlled road, or between the premises and the State-controlled road or public passenger transport corridor.
def relevant vehicular access ins 2015 SL No. 44 s 20(1)
sub 2015 SL No. 156 s 6(1)–(2)
relocatable home park means a relocatable home park as defined in the standard planning scheme provisions.
remediate, contaminated land, see the Environmental Protection Act, schedule 4.
def remediate ins 2013 SL No. 258 s 16(2)
remnant map see the Vegetation Management Act, section 20AA.
remnant vegetation means remnant vegetation as defined under the Vegetation Management Act.
replacement water bore ...
def replacement water bore ins 2014 Act No. 29 s 135
om 2016 SL No. 216 s 146 sch 20
residence ...
def residence ins 2013 SL No. 114 s 15(2)
sub 2013 SL No. 204 s 24(1)–(2)
om 2014 SL No. 149 s 22(1)
residential care facility means a residential care facility as defined under the standard planning scheme provisions.
def residential care facility ins 2013 SL No. 28 s 16(2)
residential clearing—
(a)for the clearing of vegetation on freehold land or land subject to a lease under the Land Act 1994 —means clearing the vegetation to the extent necessary for building a single dwelling house on a lot, and any reasonably associated building or structure, if the building of the dwelling house is—(i)building work for which a development permit for a building development application, or a compliance permit, has been given; or(ii)building work mentioned in schedule 3, part 2, table 1, item 1; or(iii)for public housing; or
(b)for the clearing of vegetation on indigenous land—means clearing the vegetation to the extent necessary for building dwelling houses, and any reasonably associated building or structure, for Aboriginal or Torres Strait Islander inhabitants of the land or persons providing educational, health, police or other community services for the inhabitants, if the building of the dwelling houses is—(i)building work for which a development permit for a building development application, or a compliance permit, has been given; or(ii)building work mentioned in schedule 3, part 2, table 1, item 1; or(iii)for public housing.
residential land ...
def residential land sub 2011 SL No. 266 s 4(6); 2012 SL No. 42 s 6(1)–(2) (disallowed 11 July 2012)
om 2016 SL No. 210 s 12(1)
residential lease means—
(a)a lease granted under the Aboriginal Land Act 1991 to an Aboriginal person for residential use; or
(b)a lease granted under the Torres Strait Islander Land Act 1991 to a Torres Strait Islander for residential use.
def residential lease ins 2012 SL No. 118 s 8(1)
sub 2014 Act No. 45 s 58 sch 1 pt 1
residential zone means land, however described, designated in a planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies as residential.
Examples of ways of describing land—
•general residential•park residential•residential living•residential choice•residential low density•residential medium density•residential high density
resort complex means a resort complex as defined in the standard planning scheme provisions.
resource activity see the Environmental Protection Act, section 107.
def resource activity ins 2013 SL No. 258 s 16(2)
resource allocation authority, for schedule 7A, means a resource allocation authority issued under the Fisheries Regulation 2008 , chapter 5, part 3.
def resource allocation authority ins 2013 SL No. 114 s 15(2)
retirement facility means a retirement facility as defined under the standard planning scheme provisions.
def retirement facility ins 2015 SL No. 156 s 6(2)
road frontage ...
def road frontage amd 2011 SL No. 266 s 4(7); 2012 SL No. 42 s 6(6) (disallowed 11 July 2012)
om 2016 SL No. 210 s 12(1)
rooming accommodation means rooming accommodation as defined in the standard planning scheme provisions.
routine management, for clearing native vegetation on land, means the clearing of native vegetation—
(a)to establish a necessary fence, road or vehicular track if the maximum width of clearing for the fence, road or track is 10m; or
(b)to construct necessary built infrastructure, including core airport infrastructure, other than contour banks, fences, roads or vehicular tracks, if—(i)the clearing is not to source construction timber; and(ii)the total extent of clearing is less than 2ha; and(iii)the total extent of the infrastructure is on less than 2ha; or
(c)by the owner on freehold land to source construction timber for establishing necessary infrastructure on any land of the owner, if—(i)the clearing does not cause land degradation as defined under the Vegetation Management Act; and(ii)restoration of a similar type, and to the extent of the removed trees, is ensured; or
(d)by the lessee of land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes to source construction timber, other than commercial timber, for establishing necessary infrastructure on the land, if—(i)the clearing does not cause land degradation as defined under the Vegetation Management Act; and(ii)restoration of a similar type, and to the extent of the removed trees, is ensured.
rural workers’ accommodation means rural workers’ accommodation as defined in the standard planning scheme provisions.
def rural workers’ accommodation ins 2016 SL No. 210 s 12(2)
saleyard means premises used for the sale, or offering for sale, of livestock, including any part of the premises used for—
(a)temporarily holding livestock before or after the livestock is sold or offered for sale; or
(b)transporting livestock to or from the premises; or
(c)another activity associated with the sale, offering for sale, temporary holding or transportation of livestock.
def saleyard ins 2013 SL No. 151 s 5
schedule 9 dwelling ...
def schedule 9 dwelling ins 2015 SL No. 156 s 6(2)
om 2016 SL No. 210 s 12(1)
school ...
def school amd 2011 SL No. 266 s 4(8); 2012 SL No. 42 s 6(7) (disallowed 11 July 2012)
om 2016 SL No. 210 s 12(1)
SCL ...
def SCL ins 2011 Act No. 47 s 299
om 2014 SL No. 88 s 25(1)
SCL Act ...
def SCL Act ins 2011 Act No. 47 s 299
om 2014 SL No. 88 s 25(1)
SCL chief executive ...
def SCL chief executive ins 2011 Act No. 47 s 299
om 2014 SL No. 88 s 25(1)
SCL principles ...
def SCL principles ins 2011 Act No. 47 s 299
om 2014 SL No. 88 s 25(1)
scour protection component ...
def scour protection component ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
secondary dwelling means a secondary dwelling as defined under the standard planning scheme provisions.
def secondary dwelling ins 2015 SL No. 156 s 6(2)
self-assessable vegetation clearing code see the Vegetation Management Act, section 19O (1) and (2).
def self-assessable vegetation clearing code ins 2013 SL No. 258 s 16(2)
sensitive land use, for schedule 3, part 1, table 2 and schedule 18, table 3, has the same meaning as in the State Planning Policy.
def sensitive land use ins 2014 SL No. 149 s 18(2)
amd 2014 SL No. 236 s 12(1); 2016 SL No. 111 s 26(2)
SEQ Koala Conservation State Planning Regulatory Provisions means the SEQ Koala Conservation State Planning Regulatory Provisions published in May 2010.
def SEQ Koala Conservation State Planning Regulatory Provisions ins 2011 SL No. 266 s 4(1)
SEQ koala State planning regulatory provisions means the South East Queensland Koala State planning regulatory provisions published by the department.
SEQ urban footprint area ...
def SEQ urban footprint area om 2010 SL No. 98 s 7
service station means a service station as defined under the standard planning scheme provisions.
def service station ins 2015 SL No. 156 s 6(2)
sewer means a sewer under the Plumbing and Drainage Act 2002 .
See section 41A (References to maintenance covers).
def sewer ins 2013 SL No. 217 s 12
sewerage service provider see the Water Supply (Safety and Reliability) Act 2008 , schedule 3.
def sewerage service provider ins 2013 SL No. 217 s 12
shop means a shop as defined under the standard planning scheme provisions.
def shop ins 2013 SL No. 28 s 16(2)
shopping centre means a shopping centre as defined under the standard planning scheme provisions.
def shopping centre ins 2013 SL No. 28 s 16(2)
short-term accommodation means short-term accommodation as defined in the standard planning scheme provisions.
showroom means a showroom as defined under the standard planning scheme provisions.
def showroom ins 2013 SL No. 28 s 16(2)
significant community project means a significant community project under the Vegetation Management Act, section 10 (5).
significant project see the State Development and Public Works Organisation Act 1971 , schedule 2.
def significant project ins 2011 Act No. 47 s 299
site management plan see the Environmental Protection Act, schedule 4.
social housing lease means—
(a)a lease granted to the State under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 for the purpose of providing subsidised housing for residential use; or
(b)a sublease under the Aurukun and Mornington Shire Leases Act 1978 , section 29 (a) for the purposes of social housing.
def social housing lease ins 2012 SL No. 118 s 8(1)
amd 2014 Act No. 45 s 58 sch 1 pt 1
sole-occupancy unit, in a class 2, 3 or 4 building, means a room or other part of the building used as a dwelling by a person to the exclusion of any other person.
def sole-occupancy unit ins 2014 SL No. 149 s 18(2)
sole or community residence clearing means—
(a)for vegetation on freehold land or land subject to a lease under the Land Act 1994 —clearing the vegetation to the extent necessary for building a single dwelling house on a lot, and any reasonably associated building or structure, if no other dwelling house exists on the lot; or
(b)for vegetation on indigenous land—clearing the vegetation to the extent necessary for building dwelling houses, and any reasonably associated building or structure, for Aboriginal or Torres Strait Islander inhabitants of the land or persons providing educational, health, police or other community services for the inhabitants.
spring see the Water Act 2000 , schedule 4.
State coastal land see the Coastal Protection and Management Act, section 17.
State-controlled road means—
(a)a State-controlled road within the meaning of the Transport Infrastructure Act, schedule 6; or
(b)State toll road corridor land.
def State-controlled road amd 2011 SL No. 77 s 11(2)
sub 2013 SL No. 28 s 16(1)–(2)
State-controlled transport tunnel means—
(a)a tunnel that forms part of a—(i)State-controlled road; or(ii)railway; or(iii)public passenger transport corridor; or
(b)a railway tunnel easement.
def State-controlled transport tunnel ins 2013 SL No. 28 s 16(2)
State development area means a State development area under the State Development and Public Works Organisation Act 1971.
def State development area ins 2015 Act No. 28 s 54 sch 2
State development assessment provisions means the document called ‘State development assessment provisions’, made by the chief executive, dated 5 December 2016 and published by the department.
The document can be inspected on the department’s website.
def State development assessment provisions ins 2013 SL No. 114 s 15(2)
amd 2013 SL No. 258 s 16(5); 2014 SL No. 47 s 7(2); 2014 SL No. 63 s 8(2); 2014 SL No. 149 s 18(3); 2014 SL No. 236 s 12(2); 2015 SL No. 44 s 20(2); 2015 SL No. 156 s 6(4); 2016 SL No. 33 s 4; 2016 SL No. 111 s 26(3); 2016 SL No. 210 s 12(5)
State Planning Policy means the State planning policy made by the Minister and published on the department’s website.
def State Planning Policy ins 2014 SL No. 236 s 12(3)
State Planning Policy 2013 ...
def State Planning Policy 2013 ins 2013 SL No. 258 s 16(2)
om 2014 SL No. 236 s 12(3)
State school ...
def State school amd 2011 SL No. 266 s 4(9); 2012 SL No. 42 s 6(8) (disallowed 11 July 2012)
om 2016 SL No. 210 s 12(1)
State toll road corridor land see the Transport Infrastructure Act, schedule 6.
def State toll road corridor land ins 2010 SL No. 343 s 5(2)
State transport corridor means—
(a)a busway corridor; or
(b)a light rail corridor; or
(c)a railway corridor; or
(d)a State-controlled road.
stock purposes ...
def stock purposes ins 2014 Act No. 29 s 135
om 2016 SL No. 216 s 146 sch 20
storey means a space within a building between 2 floor levels, or a floor level and a ceiling or roof, other than—
(a)a space containing only—(i)a lift shaft, stairway or meter room; or(ii)a bathroom, shower room, laundry, water closet or other sanitary compartment; or(iii)accommodation for not more than 3 motor vehicles; or(iv)a combination of any things mentioned in subparagraph (i), (ii) or (iii); or
(b)a basement, if the ceiling of the basement is not more than 1m above ground level.
stormwater drain means infrastructure used for receiving, storing, transporting or treating stormwater.
See section 41A (References to maintenance covers).
def stormwater drain ins 2013 SL No. 217 s 12
structure plan arrangements means the structure plan arrangements applying to premises under section 40.
def structure plan arrangements ins 2012 SL No. 228 s 6
subartesian bore, for schedule 3, see the Water Act 2000 , schedule 4.
subartesian water see the Water Act 2000 , schedule 4.
subdivision plan—
1Subdivision plan means a plan, however called, for reconfiguring a lot if, under an Act, the plan requires the approval (in whatever form) of a local government before the plan is registered or otherwise recorded under that Act.
2Subdivision plan includes an agreement that reconfigures a lot by dividing land into parts rendering different parts of the lot available for separate disposition or separate occupation.
3Subdivision plan does not include—(a)a lease for—(i)a term, including renewal options, not exceeding 10 years; or(ii)all or part of a building; or(b)a plan, however called, for reconfiguring a lot if the reconfiguration is in relation to—(i)the acquisition, including by agreement, under the Acquisition Act, of land by a constructing authority, as defined under that Act, or an authorised electricity entity, for a purpose set out in the schedule of that Act; or(ii)the acquisition by agreement, other than under the Acquisition Act, of land by a constructing authority, as defined under that Act, or an authorised electricity entity, for a purpose set out in the schedule of that Act; or(iii)land held by the State, or a statutory body representing the State, for a purpose set out in the Acquisition Act, schedule, whether or not the land relates to an acquisition; or(iv)a lot comprising strategic port land; or(v)the acquisition of land for a water infrastructure facility; or(c)a plan lodged under the Acquisition Act, section 12A as a result of a reconfiguration of a lot mentioned in paragraph (b)(i).
subscriber connection means an installation for the sole purpose of connecting a building, structure, caravan or mobile home to a line that forms part of an existing telecommunications network.
substation site—
1Substation site means premises larger than 50m2 forming part of a transmission grid or supply network under the Electricity Act 1994 , and used for—(a)converting or transforming electrical energy from one voltage to another; or(b)regulating voltage in an electrical circuit; or(c)controlling electrical circuits; or(d)switching electrical current between circuits.
2Substation site includes telecommunication facilities for controlling works as defined under the Electricity Act 1994 , section 12 (1), and for workforce operational and safety communications.
3Substation site does not include—(a)pole mounted substations, transformers or voltage regulators; or(b)pad mounted substations or transformers.
suitability statement see the Environmental Protection Act, schedule 4.
temporary waterway barrier works code ...
def temporary waterway barrier works code ins 2013 SL No. 114 s 15(2)
om 2014 SL No. 149 s 22(1)
theatre means a theatre as defined under the standard planning scheme provisions.
def theatre ins 2013 SL No. 28 s 16(2)
thinning, for schedule 7A, see the Vegetation Management Act, schedule.
def thinning ins 2013 SL No. 114 s 15(2)
tidal land, for schedule 7A, see the Fisheries Act, schedule.
def tidal land ins 2014 SL No. 149 s 22(2)
tidal water see the Coastal Protection and Management Act, schedule.
tier 3 major hazard facility, for schedule 7A, see the Work Health and Safety Regulation 2011 , schedule 19.
def tier 3 major hazard facility ins 2014 SL No. 149 s 22(2)
total footprint, of a building and any reasonably associated structure, or an extension of an existing building and any reasonably associated structure, means the total area of land developed for the building and structure, or the extension, including, for example, the areas covered by the following—
(a)the floor area of the building and structure or the extension;
(b)landscaping and fencing for the building and structure or the extension;
(c)a car park, driveway or other facility associated with the building and structure or the extension.
tourist attraction means a tourist attraction as defined under the standard planning scheme provisions.
def tourist attraction ins 2013 SL No. 28 s 16(2)
tourist park means a tourist park as defined in the standard planning scheme provisions.
tourist resort complex means an integrated facility for tourists that provides accommodation and a range of recreational facilities for guests and visitors to the facility.
trade training centre means a facility used for trade or vocational education and training.
def trade training centre ins 2010 SL No. 84 s 4(1)
trust land means land comprising a reserve or deed of grant in trust under the Land Act 1994 .
TSA means total site area for a development application.
unallocated State land see the Land Act 1994 , schedule 6.
underground water, for schedule 3, see the Water Act 2000 , schedule 4.
unmapped tidal waterway, for schedule 7A, means a tidal waterway not shown in the waterways spatial data layer.
def unmapped tidal waterway ins 2014 SL No. 149 s 22(2)
urban area means—
(a)an area identified in a gazette notice by the chief executive as an urban area; or
(b)if no gazette notice has been published—an area identified as an area intended specifically for urban purposes, including future urban purposes (but not rural residential or future rural residential purposes) on a map in a planning scheme that—(i)identifies the areas using cadastral boundaries; and(ii)is used exclusively or primarily to assess development applications.Example of a map for paragraph (b)—
a zoning map
def urban area amd 2013 SL No. 258 s 16(6)
urban development area ...
def urban development area om 2013 SL No. 2 s 30(1)
urban purposes means purposes for which land is used in cities or towns, including residential, industrial, sporting, recreation and commercial purposes, but not including environmental, conservation, rural, natural or wilderness area purposes.
UXO area management advice means a written notice given by the administering authority to the local government about planning for or managing land contaminated because of unexploded ordnance.
def UXO area management advice ins 2014 SL No. 149 s 18(2)
warehouse means a warehouse as defined under the standard planning scheme provisions.
def warehouse ins 2013 SL No. 28 s 16(2)
water-based fire safety installation see the Building Fire Safety Regulation 2008 , schedule 3.
def water-based fire safety installation ins 2011 SL No. 265 s 35
water bore see the Water Act 2000 , schedule 4.
def water bore ins 2014 Act No. 29 s 135
watercourse—
1Generally, watercourse means a watercourse as defined under the Water Act 2000 , schedule 4.
2Watercourse, for schedule 24, part 1, section 1 (2), has the meaning given by the Vegetation Management Act 1999 , schedule.
def watercourse amd 2012 SL No. 118 s 8(3)–(4); 2014 Act No. 64 s 248(2)
water entitlement see the Water Act 2000 , schedule 4.
def water entitlement ins 2013 SL No. 258 s 16(2)
water main means infrastructure used for transporting water other than stormwater.
See section 41A (References to maintenance covers).
def water main ins 2013 SL No. 217 s 12
water plan means a water plan under the Water Act 2000 .
water resource plan ...
om 2016 SL No. 216 s 146 sch 20 (amdt could not be given effect)
water service provider see the Water Supply (Safety and Reliability) Act 2008 , schedule 3.
def water service provider ins 2013 SL No. 217 s 12
Water Supply Act means the Water Supply (Safety and Reliability) Act 2008 .
waterway, for a provision about constructing or raising waterway barrier works, see the Fisheries Act, schedule.
def waterway ins 2013 SL No. 114 s 15(2)
waterways spatial data layer, means the document called ‘Queensland waterways for waterway barrier works’, made by the department in which the Fisheries Act is administered and published on the Queensland Spatial Catalogue website.
def waterways spatial data layer ins 2014 SL No. 149 s 22(2)
amd 2016 SL No. 18 s 5(1)
wetland see the Environmental Protection Regulation 2008 , schedule 12.
def wetland, 1st mention, om 2012 SL No. 8 s 6
def wetland, 2nd mention, ins 2011 SL No. 246 s 13(2)
wetland management area ...
def wetland management area ins 2010 SL No. 76 s 14
sub 2011 SL No. 246 s 13(1)–(2)
om 2013 SL No. 28 s 16(1)
wetland protection area see the Environmental Protection Regulation 2008 , schedule 12.
def wetland protection area ins 2011 SL No. 246 s 13(2)
wind farm—
(a)means the use of premises for generating electricity by wind force; and
(b)includes any of the following that are used in connection with, or are ancillary to, the use of the premises or the construction of works relating to the use—(i)wind turbines, wind monitoring towers or anemometers;(ii)buildings, storage areas, maintenance facilities and other structures;(iii)infrastructure and works, including, for example, site access, foundations, electrical works and landscaping; and
(c)does not include the use of premises for generating electricity that is to be used mainly on the premises for a domestic or rural use.Development involving wind turbines that is not a material change of use for a wind farm may otherwise be assessable development under a planning instrument.
wind turbine means a machine or generator that uses wind force to generate electricity, and includes the blades of the machine or generator.
World Heritage Convention means the Convention for the Protection of the World Cultural and Natural Heritage that has been adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, a copy of which is set out in the Wet Tropics World Heritage Protection and Management Act 1993 , schedule 2.