Planning Regulation 2017

Planning Regulation 2017

1Short title

This regulation may be cited as the Planning Regulation 2017.

2Commencement

This regulation commences on 3 July 2017.

3Definitions

The dictionary in schedule 24 defines particular words used in this regulation.

4Regions—Act, sch 2

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

(2)Each region has the name stated in schedule 1, column 1.

5Purpose and application of subdivision

(1)This subdivision prescribes, for section 16(2) of the Act, the regulated requirements for the contents of a local planning instrument.

(2)This subdivision does not apply to—

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

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

6Zones that may be adopted

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

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

(a)the instrument must include the purpose statement stated opposite the zone in column 2; and

(b)the land must be shown on zoning maps in the local planning instrument using the RGB colour stated opposite the zone in column 3.

(3)However, a local planning instrument may change a purpose statement for a zone if the Minister considers the change is necessary or desirable having regard to the circumstances in the local government area to which the instrument will apply.

(4)If a local planning instrument changes a purpose statement for a zone, the instrument must state—

(a)that the purpose statement has been changed; and

(b)the day the changed purpose statement took effect.

(5)In this section—

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

7Use terms that may be adopted

(1)For regulating uses in a local government area, a local planning instrument may adopt only the use terms stated in schedule 3, column 1.

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

8Administrative terms

(1)If a local planning instrument includes an administrative term stated in schedule 4, column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.

(2)A local planning instrument may include an administrative term, other than a term in schedule 4, column 1, only if the term is consistent with and does not change the effect of—

(a)the administrative terms in schedule 4, column 1; and

(b)the definitions of those terms stated in schedule 4, column 2.

10Minister’s guidelines and rules—Act, s 17

For section 17(3) of the Act, the Minister’s guidelines and rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2017 and published on the department’s website.

11Making superseded planning scheme request—Act, s 29

(1)For section 29(5)(a) of the Act, if the local government to which a superseded planning scheme request is made has a form for the request, the request must be in that form.

(2)For section 29(5)(b) of the Act, a superseded planning scheme request must include—

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

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

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

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

(ii)to apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme; and

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

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

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

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

(3)For section 29(5)(c) of the Act, a local government may, by resolution, set a fee for considering a superseded planning scheme request.

12Deciding superseded planning scheme request—Act, s 29

For section 29(6) of the Act—

(a)a local government must decide whether or not to agree to a superseded planning scheme request within 30 business days after the request is received; and

(b)the period mentioned in paragraph (a) may be extended by the local government if the person making the request agrees, in writing, to the extension before the period ends.

13Infrastructure—Act, s 35

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

14Guidelines for environmental assessment and consultation—Act, s 36

For section 36(3) of the Act, the guidelines for the process for carrying out an environmental assessment, including consultation, under section 36(2) of the Act are contained in the document called ‘Minister’s guidelines and rules’, dated July 2017 and published on the department’s website.

15Designation process rules—Act, s 37

For section 37(8) of the Act, definition designation process rules, the designation process rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2017 and published on the department’s website.

16Development local categorising instrument is prohibited from stating is assessable development—Act, s 43

For section 43(5)(b) of the Act, a local categorising instrument is prohibited from stating that development stated in schedule 6 is assessable development.

17Assessment benchmarks that local categorising instruments may not be inconsistent with—Act, s 43

For section 43(5)(c) of the Act, a local categorising instrument may not, in its effect, be inconsistent with the effect of the following assessment benchmarks—

(a)schedule 11;

(b)the building assessment provisions stated in the Building Act, section 30(a) to (d), (f) or (g);

(c)the Coastal Regulation, schedule 3;

(d)an assessment benchmark prescribed under the Environmental Protection Act, section 580(4)(a) for a material change of use for an environmentally relevant activity that is a concurrence ERA;

(e)the Prostitution Regulation 2014, schedule 3;

(f)the Queensland Heritage Regulation 2015, schedule 2;

(g)an assessment benchmark stated in the regional plan for a region to which the local categorising instrument applies.

s 17 amd 2017 SL No. 103 s 89; 2017 SL No. 141 s 3; 2017 SL No. 138 s 18

pt 3A hdg ins 2018 SL No. 146 s 3

exp 1 November 2019 (see s 17B)

17AMinor changes of use—Act, s 284

For section 284(2)(a) of the Act, schedule 5A, parts 2 and 3 prescribes minor changes of use that are not a material change of use for particular premises.

s 17A ins 2018 SL No. 146 s 3

exp 1 November 2019 (see s 17B)

17BExpiry of provisions

The following provisions expire on 1 November 2019—

(a)this part;

(b)schedules 5A and 5B;

(c)schedule 24, definitions change of use, commercial character building, container, container refund depot, container refund drop off, container refund scheme, operating hours, prescribed industrial premises, prescribed retail premises, refund amount, relevant industrial use, relevant retail use and retail use.

s 17B ins 2018 SL No. 146 s 3

amd 2019 SL No. 59 s 3

exp 1 November 2019 (see s 17B)

18Accepted development—Act, s 44

For section 44(5) of the Act, development stated in schedule 7 is accepted development.

19Prohibited development—Act, s 44

For section 44(5) of the Act, development is prohibited development if it is stated in schedule 10 to be prohibited development.

20Assessable development—Act, ss 44 and 45

(1)For section 44(5) of the Act, development is assessable development if it—

(a)is stated in schedule 9 or 10 to be assessable development; and

(b)is not prohibited development under section 19.

(2)For section 45(2) of the Act, schedules 9 and 10 state the category of assessment required for assessable development stated in the schedules.

21Assessment manager for development applications—Act, s 48

(1)This section prescribes, for section 48(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 for—

(a)a material change of use that is assessable development under schedule 10, part 4, division 1 and no other assessable development, the assessment manager is the chief executive; or

(b)a material change of use that is assessable development under schedule 10, part 4, division 1 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.

(4)For a development application other than an application stated in subsection (2) or (3), schedule 8, column 2 states the assessment manager for the application stated opposite the assessment manager in column 1.

(5)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 prescribed assessment manager.

s 21 amd 2017 SL No. 141 s 15; 2017 SL No. 201 s 3; 2019 Act No. 11 s 231 sch 1 pt 1

22Referral agency’s assessment generally—Act, ss 54, 55 and 56

(1)Schedules 9 and 10 prescribe—

(a)for section 54(2)(a) of the Act, the referral agency for the development applications stated in the schedules; and

(b)for section 55(2) of the Act, the matters the referral agency—

(i)may or must assess the development application against; and

(ii)may or must assess the development application having regard to.

(2)For section 55(2)(a) of the Act, a referral agency for a development application must also assess the application against the following matters, unless the referral agency is the chief executive—

(a)the laws administered by the referral agency;

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

(3)For section 55(2)(b) of the Act, a referral agency for a development application must also assess the application having regard to—

(a)if the referral agency is the chief executive—

(i)the strategic outcomes for the local government area stated in the planning scheme; and

(ii)the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and

(iii)the strategic intent and desired regional outcomes stated in the regional plan for a region; and

(iv)the State Planning Policy, parts C and D; and

(v)for premises designated by the Minister—the designation for the premises; and

(b)if the referral agency is a person other than the chief executive—

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

(ii)the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iv)for premises that are designated premises—the designation; and

(c)any temporary State planning policy applying to the premises; and

(d)any development approval applying to the premises; and

(e)to the extent the referral agency’s powers involve assessing the cost impacts of supplying infrastructure for development under chapter 4, part 2, division 2, subdivision 3 or part 3 of the Act—any relevant charges resolution; and

(f)material about the application received by the referral agency, including material received before the application was made.

Note—

See also section 23.

(4)A referral agency may consider a matter stated in subsection (1)(b), (2) or (3) only to the extent the referral agency considers the matter is relevant to the development.

(5)For section 56(5) of the Act, a referral agency’s powers for a development application are limited in the way stated for the application in schedule 9 or 10.

23Changes to referral agency’s assessment for particular development at Port of Brisbane

(1)Subsection (2) applies to a development application for development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, other than development that is—

(a)building work; or

(b)carried out on a Queensland heritage place.

(2)An entity that would, other than for this subsection, be a referral agency for the development application under schedule 10, other than schedule 10, part 13, division 1, is not a referral agency for the application.

(3)Subsections (4) and (5) apply to a development application for—

(a)development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP; or

(b)development below high-water mark and within the Port of Brisbane’s port limits under the Transport Infrastructure Act.

(4)Section 22(3)(a)(i) to (iii) and (b)(i) and (ii) does not apply to the development application.

(5)For section 55(2)(b) of the Act, a referral agency for the development application must assess the application having regard to the Brisbane port LUP.

24When no response by referral agency is taken to be direction to refuse—Act, s 58

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

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

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

(c)the local government does not comply with section 56(4) of the Act before the end of the period stated in the development assessment rules for complying with the section, including any extension of that period under the rules.

(2)For section 58(2)(c) of the Act, the local government is taken to have directed the assessment manager to refuse the development application.

25Application of subdivision

This subdivision applies to a development application for assessable development that requires code assessment.

26Assessment benchmarks generally—Act, s 45

(1)For section 45(3)(a) of the Act, the code assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10.

(2)Also, if the prescribed assessment manager is the local government, the code assessment must be carried out against the following assessment benchmarks—

(a)the assessment benchmarks stated in—

(i)the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(ii)the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)any temporary State planning policy applying to the premises;

(b)if the local government is an infrastructure provider—the local government’s LGIP.

(3)However, an assessment manager may, in assessing development requiring code assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.

27Matters code assessment must have regard to generally—Act, s 45

(1)For section 45(3)(b) of the Act, the code assessment must be carried out having regard to—

(a)the matters stated in schedules 9 and 10 for the development; and

(b)if the prescribed assessment manager is the chief executive—

(i)the strategic outcomes for the local government area stated in the planning scheme; and

(ii)the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and

(iii)the strategic intent and desired regional outcomes stated in the regional plan for a region; and

(iv)the State Planning Policy, parts C and D; and

(v)for premises designated by the Minister—the designation for the premises; and

(c)if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and

(d)if the prescribed assessment manager is a person other than the chief executive—

(i)the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(ii)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)for designated premises—the designation for the premises; and

(e)any temporary State planning policy applying to the premises; and

(f)any development approval for, and any lawful use of, the premises or adjacent premises; and

(g)the common material.

(2)However—

(a)an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and

(b)if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1), this section does not require the assessment manager to also have regard to the assessment benchmarks.

28Code assessment for particular development applications

(1)Section 26(2)(a) does not apply to a development application for building work assessable against the building assessment provisions.

(2)For a development application for reconfiguring a lot to which schedule 12 applies—

(a)sections 26 and 27 do not apply; and

(b)the code assessment must be carried out only against the assessment benchmarks stated in schedule 10, part 14, division 2 for the development.

29Application of subdivision

This subdivision applies to a development application for assessable development that requires impact assessment.

30Assessment benchmarks generally—Act, s 45

(1)For section 45(5)(a)(i) of the Act, the impact assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10.

(2)Also, if the prescribed assessment manager is the local government, the impact assessment must be carried out against the following assessment benchmarks—

(a)the assessment benchmarks stated in—

(i)the regional plan for a region; and

(ii)the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)a temporary State planning policy applying to the premises;

(b)if the development is not in a local government area—any local planning instrument for a local government area that may be materially affected by the development;

(c)if the local government is an infrastructure provider—the local government’s LGIP.

(3)However, an assessment manager may, in assessing development requiring impact assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.

s 30 amd 2017 SL No. 141 s 4

31Matters impact assessment must have regard to generally—Act, s 45

(1)For section 45(5)(a)(ii) of the Act, the impact assessment must be carried out having regard to—

(a)the matters stated in schedules 9 and 10 for the development; and

(b)if the prescribed assessment manager is the chief executive—

(i)the strategic outcomes for the local government area stated in the planning scheme; and

(ii)the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and

(iii)the strategic intent and desired regional outcomes stated in the regional plan for a region; and

(iv)the State Planning Policy, parts C and D; and

(v)for premises designated by the Minister—the designation for the premises; and

(c)if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and

(d)if the prescribed assessment manager is a person other than the chief executive—

(i)the regional plan for a region; and

(ii)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)for designated premises—the designation for the premises; and

(e)any temporary State planning policy applying to the premises; and

(f)any development approval for, and any lawful use of, the premises or adjacent premises; and

(g)the common material.

(2)However—

(a)an assessment manager may, in assessing development requiring impact assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and

(b)if an assessment manager is required to carry out impact assessment against assessment benchmarks in an instrument stated in subsection (1), this section does not require the assessment manager to also have regard to the assessment benchmarks.

s 31 amd 2017 SL No. 141 s 5

32Assessing variation requests—Act, s 61

For section 61(2)(d) of the Act, an assessment manager must consider the following matters when assessing a variation request, to the extent the matter is relevant to the request—

(a)the common material;

(b)the regional plan for a region;

(c)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme;

(d)any temporary State planning policy.

s 32 amd 2017 SL No. 141 s 6

33Required fee for development applications—Act, s 51

(1)For section 51(1)(b)(ii) of the Act, the required fee for a development application (a prescribed development application) that the Minister or a public sector entity, other than a local government, is the assessment manager for is—

(a)if the application is for 1 aspect of development only—the fee stated in schedule 9 or 10 for a development application for the aspect made to the Minister or public sector entity; or

(b)if the application is for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were made to the Minister or public sector entity.

Example for paragraph (b)—

The chief executive is assessment manager for a development application for assessable development under schedule 10, part 7, division 1, section 13, and assessable development under schedule 10, part 3, division 2, section 5 for the aspects of development stated in schedule 10, part 3, division 3, table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as assessment manager is $23,185.00.

(2)However, this section is subject to sections 35 to 38.

s 33 amd 2018 SL No. 56 s 7; 2018 SL No. 91 s 5; 2019 SL No. 104 s 4

34Required fee for referral agency’s assessment—Act, s 54

(1)For section 54(1) of the Act, the required fee for the referral under section 54 of the Act of a development application (also a prescribed development application) to the Minister or a public sector entity, other than a local government, is—

(a)if the Minister or public sector entity is a referral agency for 1 aspect of development only—the fee stated in schedule 9 or 10 for the referral of a development application for the aspect to the Minister or public sector entity; or

(b)if the Minister or public sector entity is a referral agency for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were referred to the Minister or public sector entity.

Example for paragraph (b)—

The chief executive is a referral agency for a development application for assessable development under schedule 10, part 7, division 1, section 13, and assessable development under schedule 10, part 3, division 2, section 5 for the aspects of development stated in schedule 10, part 3, division 3, table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as referral agency is $10,765.00.

(2)However, this section is subject to sections 35 to 38.

s 34 amd 2018 SL No. 56 s 8; 2018 SL No. 91 s 6; 2019 SL No. 104 s 5

35Fee for operational work for clearing native vegetation

(1)This section applies to a prescribed development application for operational work for the clearing of native vegetation if—

(a)the application or referral is for more than 1 aspect of the operational work; and

(b)the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than $13,248.

(2)The total of the fee payable to the assessment manager or referral agency for the aspects is $13,248.

Example—

For a development application for assessable development under schedule 10, part 3, division 2, section 5 for the aspects of development stated in schedule 10, part 3, division 3, table 1, item 5(a)(ii), (b)(iii) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is $13,248.

(3)However, this section is subject to sections 37 and 38.

s 35 amd 2018 SL No. 56 s 9; 2018 SL No. 91 s 7; 2019 SL No. 104 s 6

36Fee for operational work that is waterway barrier works

(1)This section applies to a prescribed development application for operational work that is constructing or raising waterway barrier works if—

(a)the application or referral is for more than 1 aspect of the operational work; and

(b)the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than $13,248.

(2)The total of the fee payable to the assessment manager or referral agency for the aspects is $13,248.

Example—

For a development application for assessable development under schedule 10, part 6, division 4, subdivision 1, section 12 for the aspects of development stated in schedule 10, part 6, division 4, subdivision 2, table 1, item 5(a), (b) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is $13,248.

(3)However, this section is subject to sections 37 and 38.

s 36 amd 2018 SL No. 91 s 8; 2019 SL No. 104 s 7

36AFee for assessable development under sch 10, pt 16

(1)This section applies in relation to the referral of a prescribed development application under schedule 10, part 16 if the referral is for more than 1 type of material change of use that is assessable development under that part.

(2)The total of the fee payable to the referral agency for the referral is $1,655.

Example—

For a development application for assessable development under schedule 10, part 16, sections 24 and 27, the total fee payable to the chief executive as referral agency for the application is $1,655.

(3)However, this section is subject to sections 37 and 38.

s 36A ins 2017 SL No. 141 s 7

amd 2018 SL No. 91 s 9; 2019 SL No. 104 s 8

37Fee for fast-track development

(1)This section applies to a prescribed development application if—

(a)the application is for an aspect of development that is fast-track development; and

(b)the fee payable to the assessment manager or a referral agency for the aspect would, other than for this section, be more than $827.

(2)The fee payable to the assessment manager or referral agency for the aspect is $827.

(3)However, this section is subject to section 38.

s 37 amd 2018 SL No. 91 s 10; 2019 SL No. 104 s 9

38Required fee for registered non-profit organisations and government-funded community development

(1)This section applies to a prescribed development application if 1 or both of the following apply—

(a)the application is made by a registered non-profit organisation;

(b)the application is for a community-related use, activity or facility, and all of the following apply—

(i)the development is funded, wholly or partly, by the State or Commonwealth;

(ii)the application is accompanied by a statutory declaration by the applicant stating the amount of the funding;

(iii)the required fee that would, other than for this section, be payable to the assessment manager or a referral agency for the application, is more than 5% of the amount stated in the statutory declaration.

(2)The required fee payable to the assessment manager or referral agency for the application, is 50% of the fee that would, other than for this section, be payable for the application.

Examples—

1For a development application made by a registered non-profit organisation for assessable development under schedule 10, part 3, division 2, section 5 for the aspect of development stated in schedule 10, part 3, division 3, table 1, item 5(c), the required fee payable to the assessment manager for the application, which would, other than for this section, be $13,248, is $6,624.

2For a development application made by a registered non-profit organisation for assessable development under schedule 10, part 3, division 2, section 5 for the aspect of development stated in schedule 10, part 3, division 3, table 1, item 5(c) that is fast-track development, the required fee payable to the assessment manager for the application, which would other than for this section be $827, is $413.50.

s 38 amd 2018 SL No. 56 s 10; 2018 SL No. 91 s 11; 2019 SL No. 104 s 10

39Required fee for particular change applications and extension applications—Act, ss 79 and 86

Schedule 15 prescribes—

(a)for section 79(1)(b)(i) of the Act, the required fee for making a change application to the chief executive or the Minister as the responsible entity; and

(b)for section 86(2)(b)(i) of the Act, the required fee for making an extension application to the chief executive as the assessment manager.

40When required fee may be waived—Act, s 109

(1)This section applies to—

(a)a development application; or

(b)a change application; or

(c)an extension application; or

(d)the referral, under section 54 of the Act, of a development application or change application to a referral agency.

(2)For section 109(b) of the Act, all or part of the required fee for the application or referral may be waived if the application or referral is made by a registered non-profit organisation.

41Deciding whether development is consistent with future planning intent

(1)This section applies if, under schedule 10, part 15, a referral agency is deciding whether or not development on premises completely or partly in an SEQ development area is consistent with the future planning intent for the area in which the premises are located.

(2)Subsection (3) applies if—

(a)the planning scheme applying to the premises, or a major amendment of the planning scheme, is made after the gazette notice identifying the SEQ development area is published; and

(b)the planning scheme or amendment includes a land use and infrastructure plan for the SEQ development area.

(3)The referral agency may decide the development is consistent with the future planning intent for the area only if the development is consistent with the land use and infrastructure plan.

(4)If subsection (3) does not apply, the referral agency may decide the development is consistent with the future planning intent for the area only if the development—

(a)is consistent with the goals, elements and strategies stated in the SEQ regional plan; and

(b)does not compromise the intent for the area stated in—

(i)the SEQ regional plan; or

(ii)the gazette notice for the SEQ development area; and

(c)does not adversely affect the delivery and orderly sequencing of infrastructure for the SEQ development area or land adjacent to the SEQ development area; and

(d)is compatible with the use of other premises in the surrounding area; and

(e)avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides, or, if the area can not be avoided, minimises the risk.

(5)In this section—

major amendment, of a planning scheme, see the Minister’s guidelines and rules, schedule 1, section 4.

s 41 sub 2017 SL No. 141 s 8

41ADeciding whether development is required to be outside SEQ urban footprint

(1)This section applies if, under schedule 10, part 16, a referral agency is deciding whether or not the locational requirements or environmental impacts of development require it to be outside the SEQ urban footprint.

(2)The referral agency may decide the locational requirements or environmental impacts of the development require it to be outside the SEQ urban footprint only if—

(a)the premises have particular characteristics that are necessary for the carrying out of the development; and

(b)the development could not reasonably be located on premises in the SEQ urban footprint that have the particular characteristics.

s 41A ins 2017 SL No. 141 s 8

41BDeciding whether there is an overriding need in the public interest for development

(1)This section applies if, under schedule 10, part 16, a referral agency is deciding whether or not there is an overriding need, in the public interest, for development to be carried out.

(2)The referral agency may decide there is an overriding need, in the public interest, for the development to be carried out only if the development application demonstrates that—

(a)the development will have a social, economic or environmental benefit for the community that outweighs—

(i)any adverse impact of the development on a matter or thing stated in the SEQ regional plan, table 11b; and

(ii)the desirability of achieving the goals, elements and strategies stated in the SEQ regional plan, particularly the goals, elements and strategies about—

(A)consolidating urban development in the SEQ urban footprint; and

(B)preventing land fragmentation in the SEQ regional landscape and rural production area; and

(b)there will be a significant adverse economic, social or environmental impact on the community if the development is not carried out.

(3)To remove any doubt, it is declared that there is not an overriding need, in the public interest, for the development to be carried out merely because—

(a)the applicant—

(i)owns the premises; or

(ii)has an interest in, or option over, the premises; or

(b)the premises are available for the carrying out of the development.

s 41B ins 2017 SL No. 141 s 8

42Who decision notice must be given to—Act, ss 63 and 76

(1)For sections 63(1)(f) and 76(2)(b)(v) of the Act, the following persons are prescribed—

(a)if a distributor-retailer delegated its functions as a referral agency for the development application to its participating local government—the distributor-retailer;

(b)if the development application is for building work—

(i)the owner of any prescribed building that the application relates to; and

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

(2)In this section—

prescribed building means a building that is, under the Building Code, a single detached class 1(a) building or a class 10 building or structure.

43Requirements for decision notice—Act, s 63

For section 63(3) of the Act, a decision notice for a development application that is approved must—

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

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

(c)if the development involves building work that is building, repairing or altering a building and is assessable against the building assessment provisions—state the classification or proposed classification of the building or parts of the building under the Building Code; and

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

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

44Development assessment rules—Act, ss 68 and 69

(1)For sections 68(4) and 69(2)(b) of the Act, the development assessment rules are contained in the document called ‘Development assessment rules’, made and amended by the Minister and published on the department’s website on 4 August 2017.

(2)For section 69(4) of the Act, the amendment of the development assessment rules was published on the department’s website on 4 August 2017.

s 44 sub 2017 SL No. 141 s 16

45Purpose of part

This part prescribes, for section 102(3) of the Act, matters in relation to the giving of a proposed call in notice.

46Content of proposed call in notice

A proposed call in notice for an application must state—

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

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

(c)for an application other than a cancellation application—

(i)if the notice is given before the decision-maker decides the application—that the process for assessing and deciding the application stops on the day the notice is given; and

(ii)the point in the process for assessing and deciding the application from which the Minister proposes the process will restart if the application is called in; and

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

(d)that the person to whom the notice is given may make representations to the Minister about the proposed call in within the representation period.

47When proposed call in notice must be given

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

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

(i)15 business days after the day the chief executive receives notice of an appeal about the decision for the application;

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

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

(iv)if the application is taken to have been approved under section 64 of the Act and a decision notice is not given for the application—25 business days after the day the decision notice was required to be given to the applicant; or

(b)if the application is change representations about a development approval—any time before the latest of the following—

(i)15 business days after the day the chief executive receives notice of an appeal about the decision for the development application;

(ii)if there is a submitter for the development application—50 business days after the day the decision notice for the change representations is given to the applicant;

(iii)if there are no submitters for the development application—25 business days after the day the decision notice for the change representations is given to the applicant; or

(c)if the application is a change application or an extension application—within 20 business days after the later of the following—

(i)the day the chief executive receives notice of an appeal about the decision for the application;

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

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

48Effect of proposed call in notice on process for assessing and deciding application

(1)This section applies to an application other than a cancellation application.

(2)If a proposed call in notice is given for the application before the decision-maker decides the application, the process for assessing and deciding the application stops on the day the notice is given.

(3)If the Minister gives notice, under section 51, that the application will not be called in, the process for assessing and deciding the application restarts from the point in the process at which it stopped under subsection (2).

49Effect of proposed call in notice on appeal period

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

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

(b)the Minister gives notice, under section 51, that the application will not be called in.

(2)The appeal period relating to the decision is taken to have started again the day after the notice is given under section 51.

50Representation period

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

51Notice of decision not to call in application

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

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

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

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

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

(4)The notice under subsection (2) must state that the process for assessing and deciding the application restarts from the point in the process at which the process stopped because of the giving of the proposed call in notice.

52Adopted charges—Act, s 112

(1)For section 112(1) of the Act, schedule 16, column 2 states the prescribed amount for each adopted charge under chapter 4 of the Act and the SEQ Water Act for providing trunk infrastructure for the use stated in schedule 16, column 1.

(2)For section 112(3)(a) of the Act, the charges breakup as between Ipswich City Council and Queensland Urban Utilities is the proportion that applied to each of those entities under Ipswich City Council’s adopted infrastructure charges resolution as in force at the commencement.

(3)For section 112(3)(b) of the Act—

(a)if development is a material change of use, reconfiguring a lot or building work and is for a use stated in schedule 16, column 1—a local government may have an adopted charge for trunk infrastructure for the development under chapter 4 of the Act; and

(b)if a connection under the SEQ Water Act is for a use stated in schedule 16, column 1—a distributor-retailer may have an adopted charge under that Act for trunk infrastructure for the connection.

53Infrastructure guidelines—Act, ss 116 and 117

For sections 116(2) and 117(2) of the Act, the guidelines for the following matters are contained in the document called ‘Minister’s guidelines and rules’, dated July 2017 and published on the department’s website—

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

(b)parameters for the criteria for deciding a conversion application.

54Qualifications and experience for referees—Act, s 233

(1)For section 233(1)(a) of the Act, the appointer may appoint a person to be a referee if the appointer considers the person has demonstrated knowledge of at least 1 of the following that the appointer considers is sufficient to enable the person to perform the functions of a referee—

(a)building design and construction;

(b)infrastructure design and delivery;

(c)siting of residential buildings;

(d)neighbourhood amenity matters;

(e)relevant health or fire safety matters;

(f)the Act, the Building Act or the Plumbing and Drainage Act 2018;

(g)the Building Code, the Queensland Development Code or the Australian Standards relating to building work;

(h)the Plumbing Code, the Queensland Plumbing and Wastewater Code or the Australian Standards relating to plumbing or drainage work;

(i)engineering.

(2)In this section—

Plumbing Code means the parts of the National Construction Code that form the Plumbing Code of Australia (including the Queensland Appendix), published by the Australian Building Codes Board, as amended from time to time by amendments published by the board.

s 54 amd 2019 SL No. 42 s 128 sch 11

55Tribunal chairperson—Act, s 237

For section 237(4)(a) of the Act, if a tribunal is to hear only a proceeding about an infrastructure charges notice or conversion application, the chairperson of the tribunal must be a lawyer.

56Required fees for tribunal proceedings—Act, s 237

(1)For section 237(4)(b) of the Act, the required fees for tribunal proceedings are stated in schedule 17.

(2)A reference in schedule 17, item 6, 11 or 16 to an appeal about a decision under the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about a decision under the repealed Plumbing and Drainage Act 2002, part 4 or 5.

(3)A reference in schedule 17, item 18 to an appeal about an enforcement notice given in relation to a matter relating to the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about an enforcement notice given in relation to a matter relating to the repealed Plumbing and Drainage Act 2002.

s 56 amd 2019 SL No. 104 s 11

57Application of division

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

58Purpose of subdivision

This subdivision prescribes, for section 275 of the Act, matters for chapter 7, part 4 of the Act.

59Requirements for application for registration or renewal

(1)The application must include—

(a)a map that shows—

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

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

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

(c)a statement about the nature of development proposed for the mapped area under a local categorising instrument or regional plan applying to the area; and

(d)information about the significance of the activity carried out at the premises to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and

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

(i)copies of the notices under section 60; and

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

(f)details of any written complaints made to the applicant—

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

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

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

(h)a report (the technical report) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the premises; and

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

(2)The technical report must include a certification by the person who prepared the report about whether the levels of emissions from the carrying out of the activity comply with—

(a)any development approval for the premises; and

(b)any authority under the Environmental Protection Act applying to the activity.

60Applicant to give notice of application

(1)The applicant must—

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

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

(2)The notice must—

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

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

(c)describe the mapped area; and

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

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

61Minister may request extra information

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

(2)The Minister may, by notice, require the applicant to give the extra information or document to the Minister within the reasonable period of at least 30 business days stated in the notice.

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

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

62Assessing application for registration or renewal

(1)The Minister must assess the application against—

(a)whether the activity carried out on the premises is significant to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and

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

(2)The Minister must assess the application having regard to the outcomes of the public consultation about the proposed registration or renewal.

63Content of notices

(1)This section applies if the Minister decides, under section 267 of the Act, to register premises (with or without conditions) or renew the registration of premises.

(2)The decision notice for the decision must—

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

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

(3)The notice given under section 267(12) of the Act must—

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

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

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

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

(b)include a description of the affected area; and

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

(i)a map showing the affected area; or

(ii)a copy of any conditions of the registration; or

(iii)details of the types and levels of emissions from the carrying out of the activity for which the premises are registered.

64Criteria for registration or renewal—Act, s 267

For section 267(7)(b) of the Act, the Minister may register premises, or renew the registration of premises, if the Minister is satisfied that public consultation about the proposed registration or renewal has been carried out in the mapped area by, or for, the applicant.

65Notice of proposed amendment—Act, s 275

(1)This section applies if the Minister proposes, under section 268(1)(a) of the Act, to amend the conditions of the registration of premises.

(2)For section 275 of the Act, the Minister must give the owner of the premises a notice that states—

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

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

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

66Notice of proposed cancellation—Act, s 275

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

(2)For section 275 of the Act, the Minister must give the owner of the premises a notice that states—

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

(b)the reasons for the proposed cancellation; and

(c)that the owner may, within a stated period of at least 20 business days after the notice is given, make representations to the Minister about the proposed cancellation.

67Requirements for notices about amending or cancelling registration—Act, s 275

(1)For section 275 of the Act, if the Minister decides, under section 268(1)(a) of the Act, to amend the conditions of the registration of premises, the decision notice given under section 268(2) of the Act must state—

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

(b)the reasons for the decision; and

(c)the period within which the amended conditions must be complied with.

(2)For section 275 of the Act, if the Minister decides, under section 268(1)(b) of the Act, to cancel the registration of premises, the decision notice given under section 268(2) of the Act must—

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

(b)include details of the registered premises; and

(c)include a map of the affected area.

(3)For section 275 of the Act, if the owner of registered premises gives a notice under section 268(4) of the Act cancelling the registration, the notice must include—

(a)details of the registered premises; and

(b)a map of the affected area.

68Development applications that are not affected area development applications

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

(a)a development application for development relating to a class 1(a) building or class 1(b) building, if the development is on land other than undeveloped land;

(b)a development application for development relating to a class 10 building or structure.

(2)In this section—

undeveloped land means—

(a)land in its natural state; or

(b)land that is or was used for 1 or more of the following purposes and has not been developed for an urban purpose—

(i)agriculture;

(ii)animal husbandry;

(iii)apiculture;

(iv)aquaculture;

(v)dairy farming;

(vi)grazing;

(vii)horticulture;

(viii)viticulture; or

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

69Approving plans of subdivision—Act, s 284

For section 284(2)(b) of the Act, schedule 18 states the process for local governments to approve a plan of subdivision for reconfiguring a lot that, under an Act, requires local government approval (in whatever form) before the plan can be registered or otherwise recorded under that Act.

70Public access to certain documents—Act, s 264

(1)For section 264(1) of the Act, schedule 22 prescribes—

(a)the documents the following persons must or may keep publicly available—

(i)a local government;

(ii)an assessment manager;

(iii)a referral agency;

(iv)the chief executive; and

(b)whether the documents—

(i)must be kept available for inspection and purchase or for inspection only; and

(ii)must or may be published on the person’s website; and

(c)if a document must or may be kept for a particular period only—the period during which the document must or may be kept.

(2)For section 264(6) of the Act, schedule 22 also prescribes the documents that section 264 of the Act does not apply to the extent the person required to make the document publicly available reasonably considers the document contains the information mentioned in section 264(6) of the Act.

(3)If schedule 22 requires a document to be kept, a certified copy of the document may be kept instead of the document.

71Planning and development certificates—Act, s 265

For section 265(4) of the Act, schedule 23 prescribes the information that must be included in limited, standard and full planning and development certificates.

72Priority infrastructure areas—Act, s 304

(1)For section 304(2) of the Act, the PIA for the local government area of a local government stated in the repealed SPRP (adopted charges), schedule 2, column 1 is the area shown as a PIA on a map stated opposite the local government in column 2 and published on the department’s website.

(2)In this section—

repealed SPRP (adopted charges) means the State planning regulatory provision, made under the old Act, called ‘State Planning Regulatory Provision (adopted charges) - July 2012’, as in force immediately before the old Act was repealed.

section 4

sch 1 amd 2017 SL No. 141 s 9

section 6

section 7

sch 3 amd 2017 SL No. 141 ss 10, 17

section 8

section 13

1ancillary works and encroachments

2transport infrastructure, including transport infrastructure stated in schedule 2 of the Act, definition development infrastructure

3wharves, public jetties, port facilities and navigational facilities

4storage and works depots and similar facilities, including administrative facilities relating to the provision or maintenance of infrastructure stated in this part

5any other facility for transport not stated in this part that is intended mainly to accommodate government functions

1cemeteries and crematoriums

2communication network facilities

3community and cultural facilities, including community centres, galleries, libraries and meeting halls

4community residences

5correctional facilities

6educational facilities

7electricity operating works

8emergency services facilities

9facilities at which an education and care service under the Education and Care Services National Law (Queensland) is operated

10facilities at which a QEC approved service under the Education and Care Services Act 2013 is operated

11facilities for parks and recreation

12hospitals and health care services

13oil and gas pipelines

14residential care facilities

15sporting facilities

16waste management facilities

17water cycle management infrastructure

18storage and works depots and similar facilities, including administrative facilities relating to the provision or maintenance of infrastructure stated in this part

19any other facility not stated in this part that is intended mainly to accommodate government functions

section 17A

sch 5A hdg ins 2018 SL No. 146 s 4

exp 1 November 2019 (see s 17B)

sch 5A pt 1 hdg ins 2018 SL No. 146 s 4

exp 1 November 2019 (see s 17B)

1Definitions for schedule

In this schedule—

change of use, of premises, means—

(a)the start of a new use of the premises; or

(b)the re-establishment on the premises of a use that has been abandoned; or

(c)a material increase in the intensity or scale of the use of the premises.

commercial character building means a building that is a commercial character building under the Brisbane City Plan 2014, made by the Brisbane City Council, as in force from time to time.

operating hours means—

(a)for prescribed retail premises or premises to which section 3 applies—

(i)if a development approval in effect in relation to the premises states operating hours for the premises—the operating hours stated in the development approval; or

(ii)if subparagraph (i) does not apply and a planning scheme applying to the premises states operating hours for a relevant retail use on the premises—the operating hours for the relevant retail use stated in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—from 8a.m. to 5p.m. on a business day or a Saturday; or

(b)for prescribed industrial premises or premises to which section 5 applies—

(i)if a development approval in effect in relation to the premises states operating hours for the premises—the operating hours stated in the development approval; or

(ii)if subparagraph (i) does not apply and a planning scheme applying to the premises states operating hours for a relevant industrial use on the premises—the operating hours for the relevant industrial use stated in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—from 8a.m. to 5p.m. on a business day or a Saturday.

prescribed industrial premises see section 4(1).

prescribed retail premises see section 2(1).

refund amount see the Waste Reduction and Recycling Act 2011, section 99K.

relevant industrial use, on premises, means—

(a)if the premises are being used for a medium impact industry—the medium impact industry; or

(b)otherwise—a low impact industry.

relevant retail use, on premises, means—

(a)if the premises are being used for a retail use—the retail use; or

(b)otherwise—a shop.

retail use means—

(a)a shop; or

(b)a shopping centre; or

(c)a showroom; or

(d)a service station.

sch 5A s 1 ins 2018 SL No. 146 s 4

exp 1 November 2019 (see s 17B)

sch 5A pt 2 hdg ins 2018 SL No. 146 s 4

exp 1 November 2019 (see s 17B)

2Change of use of prescribed retail premises for container refund scheme

(1)This section applies to premises mentioned in schedule 5B, part 1, table, column 1 (the prescribed retail premises).

(2)A change of use of the prescribed retail premises that involves a use mentioned in schedule 5B, part 1, table, column 2 for the premises is a minor change of use that is not a material change of use if—

(a)the use involves a person returning containers in exchange for the person or another person receiving a refund amount under the container refund scheme; and

(b)the use, other than the transfer of the containers from the premises, is carried out inside an existing building; and

(c)the return of the containers happens only during the operating hours for the premises; and

(d)the transfer by vehicle of the containers from the premises happens only—

(i)if a development approval in effect in relation to the premises states that goods may be transferred by vehicle from the premises only during a particular period—during that period; or

(ii)if subparagraph (i) does not apply and the planning scheme applying to the premises states that goods may be transferred by vehicle from a relevant retail use on the premises only during a particular period—during that period; or

(iii)if subparagraphs (i) and (ii) do not apply—during the operating hours for the premises; and

(e)the noise levels generated by the carrying out of all uses on the premises comply with—

(i)if a development approval in effect in relation to the premises includes a condition about noise levels on the premises—the condition; or

(ii)if subparagraph (i) does not apply and a local law includes a requirement about noise levels that applies to a relevant retail use on the premises—the requirement in the local law; or

(iii)if subparagraphs (i) and (ii) do not apply and the planning scheme applying to the premises includes a requirement about noise levels that applies to a relevant retail use on the premises—the requirement in the planning scheme; or

(iv)if subparagraphs (i) to (iii) do not apply—the acoustic quality objectives under the Environmental Protection (Noise) Policy 2019, schedule 1; and

(f)the number of car parking spaces on the premises—

(i)if a development approval in effect in relation to the premises contains a requirement about car parking spaces on the premises—complies with the requirement in the development approval; or

(ii) if subparagraph (i) does not apply and the planning scheme applying to the premises includes a requirement about car parking spaces for a relevant retail use on the premises—complies with the requirement in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—is 1 or more; and

(g)a notice is given to the local government for the local government area in which the premises are located no later than 10 business days after the change of use happens, stating—

(i)the address of the premises; and

(ii)the contact details of the person responsible for managing the use; and

(iii)a description of the existing use of the premises; and

(iv)a description of the change of use; and

(h)any approvals required under the Transport Infrastructure Act 1994, section 33 or 62 for a new or changed access between the premises and a State-controlled road are in effect.

sch 5A s 2 ins 2018 SL No. 146 s 4

amd 2018 SL No. 163 s 3; 2019 SL No. 155 s 218

exp 1 November 2019 (see s 17B)

3Change of use of other premises for container refund scheme

(1)This section applies to premises, other than prescribed retail premises, that—

(a)are used for a retail use or contain a building that has been used for a commercial use; and

Example of a building that has been used for a commercial use—

a building that was used for a physiotherapy clinic or a shop but is currently vacant

(b)are included in—

(i)a centre zone under a local categorising instrument; or

(ii)a prescribed zone under a local categorising instrument; and

(c)are not a local heritage place or a State heritage place; and

(d)are not—

(i)within 25m of a State transport corridor; or

(ii)a future State transport corridor; or

(iii)adjacent to a road that intersects with a State-controlled road or within 100m of the intersection; and

(e)if the premises are used for a service station or are included in a prescribed zone under a local categorising instrument—are at least 150m from a residential zone; and

(f)if the premises are located in the local government area of the Brisbane City Council—do not contain a commercial character building.

(2)A change of use of the premises that involves the collection, counting, handling, sorting, aggregating, storing or transfer of containers for the container refund scheme is a minor change of use that is not a material change of use if—

(a)the use involves a person returning the containers in exchange for the person or another person receiving a refund amount under the container refund scheme; and

(b)the use, other than the transfer of the containers from the premises, is carried out inside an existing building; and

Example of a use carried out inside an existing building—

the collection of containers at a dedicated collection counter in an existing building that contains a shop

(c)the building does not contain a dwelling; and

(d)the return of containers happens only during the operating hours for the premises; and

(e)the transfer by vehicle of the containers from the premises happens only—

(i)if a development approval in effect in relation to the premises states that goods may be transferred by vehicle from the premises only during a particular period—during that period; or

(ii)if subparagraph (i) does not apply and the planning scheme applying to the premises states that goods may be transferred by vehicle from a relevant retail use on the premises only during a particular period—during that period; or

(iii)if subparagraphs (i) and (ii) do not apply—during the operating hours for the premises; and

(f)the noise levels generated by the carrying out of all uses on the premises comply with—

(i)if a development approval in effect in relation to the premises includes a condition about noise levels on the premises—the condition; or

(ii)if subparagraph (i) does not apply and a local law includes a requirement about noise levels that applies to a relevant retail use on the premises—the requirement in the local law; or

(iii)if subparagraphs (i) and (ii) do not apply and the planning scheme applying to the premises includes a requirement about noise levels that applies to a relevant retail use on the premises—the requirement in the planning scheme; or

(iv)if subparagraphs (i) to (iii) do not apply—the acoustic quality objectives under the Environmental Protection (Noise) Policy 2019, schedule 1; and

(g)the number of car parking spaces on the premises—

(i)if a development approval in effect in relation to the premises contains a requirement about car parking spaces on the premises—complies with the requirement in the development approval; or

(ii) if subparagraph (i) does not apply and the planning scheme applying to the premises includes a requirement about car parking spaces for a relevant retail use on the premises—complies with the requirement in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—is 1 or more; and

(h)a notice is given to the local government for the local government area in which the premises are located no later than 10 business days after the change of use happens, stating—

(i)the address of the premises; and

(ii)the contact details of the person responsible for managing the use; and

(iii)a description of the existing use of the premises; and

(iv)a description of the change of use.

(3)In this section—

centre zone means—

(a)any of the following zones stated in schedule 2—

(i)centre zone;

(ii)district centre zone;

(iii)local centre zone;

(iv)major centre zone;

(v)mixed use zone;

(vi)principal centre zone; or

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

prescribed zone means—

(a)any of the following zones stated in schedule 2—

(i)community facilities zone;

(ii)neighbourhood centre zone;

(iii)special purpose zone;

(iv)specialised centre zone; or

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

sch 5A s 3 ins 2018 SL No. 146 s 4

amd 2018 SL No. 163 s 4; 2019 SL No. 155 s 218

exp 1 November 2019 (see s 17B)

sch 5A pt 3 hdg ins 2018 SL No. 146 s 4

exp 1 November 2019 (see s 17B)

4Change of use of prescribed industrial premises for container refund scheme

(1)This section applies to premises mentioned in schedule 5B, part 2, table, column 1 (the prescribed industrial premises).

(2)A change of use of the prescribed industrial premises that involves a use mentioned in schedule 5B, part 2, table, column 2 for the premises is a minor change of use that is not a material change of use if—

(a)the use involves a person returning containers in exchange for the person or another person receiving a refund amount under the container refund scheme; and

(b)the return of the containers happens only during the operating hours for the premises; and

(c)the transfer by vehicle of the containers from the premises happens only—

(i)if a development approval in effect in relation to the premises states that goods may be transferred by vehicle from the premises only during a particular period—during that period; or

(ii)if subparagraph (i) does not apply and the planning scheme applying to the premises states that goods may be transferred by vehicle from a relevant industrial use on the premises only during a particular period—during that period; or

(iii)if subparagraphs (i) and (ii) do not apply—during the operating hours for the premises; and

(d)the noise levels generated by the carrying out of all uses on the premises comply with—

(i)if a development approval in effect in relation to the premises includes a condition about noise levels on the premises—the condition; or

(ii)if subparagraph (i) does not apply and a local law includes a requirement about noise levels that applies to a relevant industrial use on the premises—the requirement in the local law; or

(iii)if subparagraphs (i) and (ii) do not apply and the planning scheme applying to the premises includes a requirement about noise levels that applies to a relevant industrial use on the premises—the requirement in the planning scheme; or

(iv)if subparagraphs (i) to (iii) do not apply—the acoustic quality objectives under the Environmental Protection (Noise) Policy 2019, schedule 1; and

(e)the number of car parking spaces on the premises—

(i)if a development approval in effect in relation to the premises contains a requirement about car parking spaces on the premises—complies with the requirement in the development approval; or

(ii) if subparagraph (i) does not apply and the planning scheme applying to the premises includes a requirement about car parking spaces for a relevant industrial use on the premises—complies with the requirement in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—is 1 or more; and

(f)a notice is given to the local government for the local government area in which the premises are located no later than 10 business days after the change of use happens, stating—

(i)the address of the premises; and

(ii)the contact details of the person responsible for managing the use; and

(iii)a description of the existing use of the premises; and

(iv)a description of the change of use; and

(g)any approvals required under the Transport Infrastructure Act 1994, section 33 or 62 for a new or changed access between the premises and a State-controlled road are in effect.

sch 5A s 4 ins 2018 SL No. 146 s 4

amd 2018 SL No. 163 s 5; 2019 SL No. 155 s 218

exp 1 November 2019 (see s 17B)

5Change of use of other premises for container refund scheme

(1)This section applies to premises, other than prescribed industrial premises, that—

(a)are used for a low impact industry or a medium impact industry, or have been used for a commercial use or an industry activity; and

(b)are included in—

(i)an industry zone under a local categorising instrument; or

(ii)another area under a local categorising instrument, if the purpose of the area is to provide specifically for low impact industry or medium impact industry or both; and

Example—

a precinct under a local categorising instrument that is for the purpose of providing for a variety of low impact industries

(c)are not a local heritage place or a State heritage place; and

(d)are not—

(i)within 25m of a State transport corridor; or

(ii)a future State transport corridor; or

(iii)adjacent to a road that intersects with a State-controlled road or within 100m of the intersection; and

(e)if the premises are located in the local government area of the Brisbane City Council—do not contain a commercial character building.

(2)A change of use of the premises that involves the collection, receiving, sorting, counting, aggregating, storing, handling, distributing, crushing, compounding or transferring of containers for the container refund scheme is a minor change of use that is not a material change of use if—

(a)the use involves a person returning the containers in exchange for the person or another person receiving a refund amount under the container refund scheme; and

(b)the use, other than the transfer of the containers from the premises, is carried out inside an existing building; and

(c)the transfer by vehicle of the containers from the premises happens only—

(i)if a development approval in effect in relation to the premises states that goods may be transferred by vehicle from the premises only during a particular period—during that period; or

(ii)if subparagraph (i) does not apply and the planning scheme applying to the premises states that goods may be transferred by vehicle from a relevant industrial use on the premises only during a particular period—during that period; or

(iii)if subparagraphs (i) and (ii) do not apply—during the operating hours for the premises; and

(d)the return of containers happens only during the operating hours for the premises; and

(e)the number of car parking spaces on the premises—

(i)if a development approval in effect in relation to the premises contains a requirement about car parking spaces on the premises—complies with the requirement in the development approval; or

(ii) if subparagraph (i) does not apply and the planning scheme applying to the premises includes a requirement about car parking spaces for a relevant industrial use on the premises—complies with the requirement in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—is 1 or more; and

(f)all of the uses on the premises comply with—

(i)if the premises are being used for a low impact industry—the thresholds for the activity mentioned in schedule 24, definition low impact industry, paragraph (c); or

(ii)if the premises are being used for a medium impact industry—the thresholds for the activity mentioned in schedule 24, definition medium impact industry, paragraph (c); or

(iii)if subparagraphs (i) and (ii) do not apply—the thresholds for the use mentioned in schedule 24, definition low impact industry, paragraph (c); and

(g)a notice is given to the local government for the local government area in which the premises are located no later than 10 business days after the change of use happens, stating—

(i)the address of the premises; and

(ii)the contact details of the person responsible for managing the use; and

(iii)a description of the existing use of the premises; and

(iv)a description of the change of use.

(3)In this section—

industry zone means—

(a)either of the following zones stated in schedule 2—

(i)low impact industry zone;

(ii)medium impact industry zone; or

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

sch 5A s 5 ins 2018 SL No. 146 s 4

amd 2018 SL No. 163 s 6

exp 1 November 2019 (see s 17B)

sch 5A ins 2018 SL No. 146 s 4

exp 1 November 2019 (see s 17B)

schedule 5A

sch 5B ins 2018 SL No. 146 s 4

amd 2018 SL No. 163 s 7

exp 1 November 2019 (see s 17B)

section 16

1Building work for a wind farm

Building work for a wind farm.

2Material change of use for particular buildings or structures

(1)A material change of use of premises for a class 1 or 2 building, if the use is providing support services and temporary accommodation for persons escaping domestic violence.

(2)A material change of use of premises for a dwelling house, if—

(a)the use is for a residential purpose in a residential zone; and

(b)either—

(i)there is no dwelling on the premises; or

(ii)the material change of use involves repairing, renovating, altering or adding to the dwelling house in a way that does not change the classification for the dwelling house under the Building Code; and

(c)either—

(i)no overlay, as identified in the local categorising instrument and relevant to assessment of the material change of use, applies to the premises; or

(ii)only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m².

(3)A material change of use of premises for a dual occupancy, if—

(a)the use is for a residential purpose in a residential zone; and

(b)either—

(i)the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or

(ii)if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises.

(4)A material change of use of premises for a class 10 building or structure, if—

(a)the use is for a residential purpose in a residential zone; and

(b)either—

(i)no overlay, as identified in the local categorising instrument and relevant to assessment of the material change of use, applies to the premises; or

(ii)only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m².

sch 6 s 2 amd 2019 SL No. 104 s 12

3Material change of use for particular cropping

A material change of use of premises for cropping that involves forestry for wood production, if—

(a)the premises are in a rural zone; and

(b)the material change of use complies with schedule 13.

5Material change of use for off-road motorcycling facility

(1)A material change of use of premises for an off-road motorcycling facility on off-road motorcycling facility land, if the material change of use complies with the following requirements—

(a)the material change of use protects the environmental values of the premises;

(b)the use does not result in contamination of, or interfere with water flows into, any surface water or groundwater;

(c)any camping facility on the premises—

(i)is designed to ensure the safe movement of pedestrians and vehicles; and

(ii)is on a part of the premises that allows for the future expansion of the camping facility; and

(iii)is managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and

(iv)provides adequate toilet, shower, water and wastewater facilities to service users of the camping facility;

(d)vegetation buffers with a width of at least 20m are established on the premises to provide a visual screen between riding trails, other than motocross tracks, and relevant neighbouring premises;

(e)vegetation buffers under paragraph (d) use only vegetation species that are endemic to the surrounding area;

(f)outdoor lighting on the premises does not adversely impact on the amenity of relevant neighbouring premises;

(g)before the use starts on the premises, the following documents are prepared—

(i)an acoustic assessment report;

(ii)a road and traffic assessment report;

(iii)an erosion and sediment control plan;

(h)all circuits, tracks, trails and noise-generating activities on the premises are at a distance of at least the buffer distance, stated in the acoustic assessment report, from a relevant noise sensitive place;

(i)the noise levels generated by the use during operating hours do not exceed 45dBA (L_Aeq) at a relevant noise sensitive place, measured at a point on the noise sensitive place that is outdoors and closest, in a direct line, to the off-road motorcycling facility land;

(j)any measures identified in the road and traffic assessment report for addressing impacts on traffic are implemented;

(k)on-site parking is provided in accordance with the road and traffic assessment report;

(l)service vehicles can access the parts of the premises used for off-road motorcycling, camping or spectator facilities;

(m)the premises provide access for emergency vehicles or helicopters;

(n)any measures identified in the erosion and sediment control plan for minimising erosion and sediment run-off impacts on the premises are implemented;

(o)an irrigation system and water supply is provided for motocross tracks on the premises to prevent dust being generated.

(2)In this section—

acoustic assessment report means a report—

(a)prepared by an appropriately qualified person; and

(b)stating measures, including buffer distances, for ensuring noise levels generated by the use do not exceed 45dBA (L_Aeq) at a relevant noise sensitive place.

erosion and sediment control plan means a plan—

(a)prepared by an appropriately qualified person; and

(b)stating measures to be implemented, including measures relating to the design and location of buildings and structures, to minimise erosion and sediment run-off impacts of the use.

relevant neighbouring premises means premises that—

(a)share a common boundary with off-road motorcycling facility land; and

(b)either—

(i)contain a dwelling built before 15 October 2010; or

(ii)are the subject of an effective development approval for development relating to a dwelling given before 15 October 2010.

relevant noise sensitive place means a noise sensitive place that—

(a)was built before 15 October 2010; or

(b)is the subject of an effective development approval given before 15 October 2010.

road and traffic assessment report means a report—

(a)prepared by a person registered as a registered professional engineer under the Professional Engineers Act 2002; and

(b)stating details of—

(i)the impact of the use on traffic and measures for addressing the impacts; and

(ii)proposed on-site vehicle parking and vehicular access to and from the premises.

6Material change of use for community residence

(1)A material change of use of premises for a community residence, if—

(a)the premises are included in a prescribed zone under a local categorising instrument; and

(b)no more than 7 support workers attend the residence in a 24-hour period; and

(c)at least 2 car parks are provided on the premises for use by residents and visitors; and

(d)at least 1 of the car parks stated in paragraph (c) is suitable for persons with disabilities; and

(e)at least 1 car park is provided on the premises for use by support workers.

(2)In this section—

prescribed zone means—

(a)any of the following zones stated in schedule 2—

(i)general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;

(ii)centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;

(iii)community facilities zone;

(iv)environmental management and conservation zone;

(v)rural zone;

(vi)rural residential zone; or

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

sch 6 s 6 amd 2017 SL No. 222 s 3 (1)–(2)

7Material change of use for wind farm

A material change of use for a wind farm.

8Operational work by or for public sector entity

Operational work or plumbing or drainage work (including maintenance and repair work), if the work—

(a)is carried out by or for a public sector entity authorised under a State law to carry out the work; and

(b)is not development stated in section 26 of this schedule.

9Operational work for ancillary works and encroachments

Operational work for ancillary works and encroachments—

(a)carried out in accordance with a gazette notice under the Transport Infrastructure Act, section 50; or

(b)done as required by a contract entered into with the chief executive (transport) under the Transport Infrastructure Act, section 50.

10Operational work for substitute railway crossing

Operational work for the construction of a substitute railway crossing by a railway manager under the Transport Infrastructure Act, section 169.

11Operational work performed by railway manager

Operational work performed by a railway manager under the Transport Infrastructure Act, section 260.

12Operational work under rail feasibility investigator’s authority

Operational work carried out under a rail feasibility investigator’s authority given under the Transport Infrastructure Act, section 112.

13Operational work under Coastal Act

Operational work that is digging or boring into land by an authorised person under the Coastal Act, section 134.

14Operational work for navigational aid or sign

Operational work for—

(a)an aid to navigation; or

(b)a sign for maritime navigation.

15Operational work for subscriber connection

(1)Operational work for a subscriber connection.

(2)In this section—

subscriber connection means an installation that is only for connecting a building, structure, caravan or mobile home to a line that forms part of a telecommunications network.

16Operational work for agriculture

Operational work relating to—

(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 under the Water Act, other than using a water truck to pump water; or

(b)weed or pest control, unless the work involves the clearing of native vegetation; or

(c)the use of fire under the Fire and Emergency Services Act; or

(d)the conservation or restoration of natural environment as defined under the Environmental Protection Act, schedule 4; or

(e)the use of premises for a forest practice.

17Operational work for removing quarry material

Operational work for removing quarry material from—

(a)a State forest, timber reserve, forest entitlement area, or Crown land, as defined under the Forestry Act; or

(b)a forest consent area, as defined under the Forestry Act, if the quarry material is reserved to the State in a deed of grant under the Land Act.

18Operational work for the removal, destruction or damage of a marine plant

Operational work that is the removal, destruction or damage of a marine plant.

19Operational work for harvesting trees for wood production

Operational work that is, or is necessary for, harvesting trees for wood production on premises in a rural zone, if the development complies with schedule 13.

20Operational work on off-road motorcycling facility land

Operational work that is filling or excavating, or for a dam or earth bank, if—

(a)the work is carried out on off-road motorcycling facility land; and

(b)the work relates to an off-road motorcycling facility; and

Examples of work relating to an off-road motorcycling facility—

•work carried out for the construction of the facility

•work relating to the operation of the facility, including the construction or maintenance of fire breaks, recreational trails, roads, tracks, viewing mounds or water storage facilities

(c)the work does not—

(i)increase the risk of flooding on the premises or other premises; or

(ii)result in contamination of, or interfere with water flows into, any surface water or groundwater; and

(d)the work involves measures, identified in an erosion and sediment control plan under section 5(1)(g)(iii), for minimising erosion and sediment run-off impacts on the premises caused by the work; and

(e)land on which filling or excavating is carried out is stabilised after the work is completed.

21Particular reconfigurations

(1)Reconfiguring a lot other than a lot as defined under the Land Title Act.

(2)Reconfiguring a lot as defined under the Land Title Act, if the reconfiguration—

(a)requires a building format plan of subdivision under the Land Title Act and the plan 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)relates to the acquisition of land, including by agreement, under the Acquisition Act, by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or

(f)relates to the acquisition of land by agreement, other than under the Acquisition Act, by a constructing authority or an authorised electricity entity for a purpose for which land may be taken under that Act; or

(g)is for land that—

(i)is held by the State, or a statutory body representing the State; and

(ii)is being reconfigured for a purpose for which land may be taken under the Acquisition Act, whether or not the land relates to an acquisition; or

(h)relates to the acquisition of land for water infrastructure; or

(i)is for reconfiguring a lot that is, or includes, strategic port land; or

(j)is for the Transport Infrastructure Act, section 240; or

(k)is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013; or

(l)is under an instrument of lease and the lessee is an authorised electricity entity; or

(m)is under a relevant instrument of lease.

(3)In this section—

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.

residential lease means a lease for residential use—

(a)given under the Aboriginal Land Act 1991 to an Aboriginal person; or

(b)given under the Torres Strait Islander Land Act 1991 to a Torres Strait Islander.

social housing lease means 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.

22Development for a mining or petroleum activity

(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—

(i)the Alcan Queensland Pty. Limited Agreement Act 1965;

(ii)the Central Queensland Coal Associates Agreement Act 1968;

(iii)the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957;

(iv)the Mount Isa Mines Limited Agreement Act 1985;

(v)the Queensland Nickel Agreement Act 1970;

(vi)the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962; or

(b)the Offshore Minerals Act 1998; or

(c)the Petroleum Act 1923 or the Petroleum and Gas Act, other than an activity relating to building and operating an oil refinery; or

(d)the Petroleum (Submerged Lands) Act 1982.

(2)Development for a mining activity, as defined under the Environmental Protection Act, section 110, that an environmental authority applies to.

(3)Development for a petroleum activity as defined under the Environmental Protection Act, section 111.

23Development for geothermal exploration

Development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010.

24Development for GHG storage activities

Development for a GHG storage activity carried out under a GHG authority under the Greenhouse Gas Storage Act 2009.

25Development directed under a State law

Development that a person is directed to carry out under a notice, order or direction made under a State law.

26Development for infrastructure activities

(1)Development for ancillary works and encroachments carried out by or for the State.

(2)Development for the construction of the following infrastructure, if the infrastructure is government supported transport infrastructure—

(a)an aid to navigation;

(b)a public marine facility;

(c)road transport infrastructure;

(d)transport infrastructure.

(3)Development that is the use of, or for the maintenance, repair or upgrading of—

(a)an aid to navigation; or

(b)a public marine facility; or

(c)road transport infrastructure; or

(d)transport infrastructure.

(4)Development that—

(a)is adjacent to—

(i)an aid to navigation; or

(ii)a public marine facility; or

(iii)road transport infrastructure; or

(iv)transport infrastructure; and

(b)is ancillary to the use, maintenance, repair or upgrading of the infrastructure.

Examples for paragraph (b)—

excavating, crushing, screening, cutting, filling, preparing construction material (including concrete), storing materials, removing vegetation, building dams, fences, site offices and worker accommodation

(5)Development for a supply network or for private electricity works that form an extension of, or provide service connections to, properties from the network, if the network operates at standard voltages up to and including 66kV, other than development for—

(a)a new zone substation or bulk supply substation; or

(b)the augmentation of a zone substation or bulk supply substation that significantly increases the input or output standard voltage.

(6)In this section—

upgrading, of infrastructure, means carrying out work that is reasonably required to ensure the efficient and safe operation of the infrastructure.

Examples—

•building a dedicated left-turning lane on a road to reduce the risk of collision between vehicles turning left and vehicles traveling straight ahead

•replacing a roundabout with traffic signals to improve the flow of traffic

•widening a road to create a verge so that vehicles can pull over safely

27Development under South Bank Corporation Act 1989

Development within the meaning of the South Bank Corporation Act 1989, but only until the development completion date under that Act.

28Development that is PDA-related development

Development that is PDA-related development.

29Development for a connection under SEQ Water Act

Development for a connection under the SEQ Water Act, chapter 4C or any work for the connection.

30Development for public housing

(1)Development for public housing that the chief executive (housing) considers is substantially inconsistent with a relevant local instrument, if—

(a)the chief executive (housing) does all of the following things before the development starts—

(i)gives the local government information, including plans or specifications, about the proposed development;

(ii)publishes a notice about the proposed development in a newspaper circulating generally in the locality of the premises;

(iii)gives notice of the proposed development to the owner of all adjoining premises;

(iv)places a notice about the proposed development on the premises; and

(b)the notices under paragraph (a)(ii), (iii) and (iv)—

(i)are in the form approved by the chief executive (housing); and

(ii)state where information about the proposed development may be inspected and purchased; and

(iii)state the period (the consultation period) within which a submission may be made, which must be at least 15 business days after the day paragraph (a) is complied with; and

(iv)state that submissions about the proposed development may be made to the chief executive (housing) during the consultation period; and

(c)the notice under paragraph (a)(iv) is displayed on the premises for all of the consultation period; and

(d)information about the proposed development, including plans and specifications, is available for all of the consultation period—

(i)for viewing or downloading, free of charge, from the housing department’s website; and

(ii)for inspection, free of charge, and purchase at the housing department’s office, and any other place the chief executive (housing) approves, during business hours; and

(e)the chief executive (housing) considers any properly made submissions when deciding whether or not to carry out the development.

(2)Development for public housing that the chief executive (housing) is satisfied is not substantially inconsistent with a relevant local instrument, if, before the development starts, the chief executive (housing) gives the local government information, including plans or specifications, about the proposed development.

(3)In this section—

business day does not include a day between 20 December of a year and 5 January of the next year.

owner, of adjoining premises, means—

(a)if the adjoining premises are subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985—the primary thoroughfare body corporate; or

(b)if the adjoining premises are subject to the Mixed Use Development Act 1993—the community body corporate; or

(c)subject to paragraphs (a) and (b), if the adjoining premises are subject to the Building Units and Group Titles Act 1980—the body corporate; or

(d)if the adjoining premises are, under the Body Corporate and Community Management Act 1997, scheme land for a community titles scheme—

(i)the body corporate for the scheme; or

(ii)if the adjoining premises are scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or

(e)if there is a time share scheme, as defined under the Local Government Act, for a structure on the adjoining premises—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or

(f)if the adjoining premises are land being bought from the State for an estate in fee simple under the Land Act—the buyer; or

(g)if the adjoining premises are land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act—the trustees of the land; or

(h)if paragraphs (a) to (g) do not apply—the person who is entitled to receive rent for the premises or who would be entitled to receive rent for the premises if the premises were rented to a tenant.

relevant local instrument means a local instrument applying to the premises that the development is to be carried out on.

Note—

See also the Housing Act 2003, sections 94G and 94H.

31Development for detention centre on lot 395 on SP118987

Development for a detention centre under the Youth Justice Act 1992 on lot 395 on SP118987, if the development—

(a)results in an increase in capacity of the centre to accommodate not more than 16 detainees; and

(b)results in any building or structure being at least the same distance from the road frontage of the lot as the nearest existing building or structure; and

(c)does not reduce the number of existing car parks at the centre; and

(d)complies with assessment benchmarks stated in the State Planning Policy relevant to the development, to the extent the matters relate to—

(i)liveable communities; and

(ii)mining and extractive resources; and

(iii)natural hazards, risk and resilience; and

(iv)strategic airports and aviation facilities; and

(v)water quality.

sch 6 s 31 ins 2019 SL No. 104 s 14

32Development for detention centre on lot 409 on SP257441

(1)Development for a detention centre under the Youth Justice Act 1992 in the area (the development area) shown on the detention centre map, if the development—

(a)results in a detention centre with capacity to accommodate not more than 32 detainees; and

(b)results in any new building or covered outdoor area being at least 6m from each boundary of the development area; and

(c)results in any new building or covered outdoor area having a height of not more than the higher of the following—

(i)the tallest building located on lot 395 on SP118987;

(ii)15m; and

(d)complies with AS 2560.1:2018 Sports lighting Part 1: General principles for any outdoor lighting; and

(e)results in any car park being located within—

(i)the development area; or

(ii)lot 395 on SP118987; and

(f)complies with assessment benchmarks stated in the State Planning Policy relevant to the development, to the extent the matters relate to—

(i)liveable communities; and

(ii)mining and extractive resources; and

(iii)natural hazards, risk and resilience; and

(iv)strategic airports and aviation facilities; and

(v)water quality.

(2)In this section—

detention centre map means the map called ‘development area map’ dated 3 June 2019 and published on the website of the department within which the Youth Justice Act 1992 is administered.

sch 6 s 32 ins 2019 SL No. 104 s 14

section 18

1Building work declared under Building Act

Building work declared under the Building Act, section 21 to be accepted development.

2Building work by or for the State or a public sector entity

(1)Building work, other than building work mentioned in section 1, carried out by or for the State or a public sector entity, to the extent the building work complies with the relevant provisions for the building work.

(2)In this section—

relevant provisions, for building work, see the Building Act, section 21(5).

3Material change of use for prescribed aquaculture

(1)A material change of use for prescribed aquaculture, if requirements for the material change of use are prescribed under the Fisheries Act, section 32 and the material change of use complies with the requirements.

(2)In this section—

indigenous freshwater fish means a fish that is—

(a)a freshwater fish as defined under the Fisheries (General) Regulation 2019, schedule 11; and

(b)

indigenous, within the meaning of the Fisheries Act, schedule 1, 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 1, definition indigenous fisheries resources, to only Queensland tidal waters.

prescribed aquaculture means—

(a)the aquaculture of indigenous freshwater fish species only for aquarium display or human consumption carried out—

(i)in a river basin or catchment that the species is native to; and

(ii)in ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or

(b)the aquaculture of indigenous freshwater fish only for aquarium display or human consumption, or of non-indigenous freshwater fish only for aquarium display, 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)the aquaculture of indigenous marine fish only for aquarium display carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 100m².

sch 7 s 3 amd 2019 SL No. 71 s 59 sch 1; 2019 SL No. 179 s 152 sch 12

4Material change of use in a State forest

A material change of use in a State forest or timber reserve under the Forestry Act, if the material change of use is for 1 or more of the following—

(a)conservation;

(b)planting trees, or managing, felling and removing standing trees, in a plantation or native forest;

(c)grazing;

(d)recreation.

5Operational work for taking or interfering with water

(1)Operational work, other than PDA-related development, that involves taking or interfering with water in a watercourse, lake or spring, if—

(a)the taking or interfering is allowed under the Water Act, chapter 2, part 3, division 1; or

(b)the work involves the replacement of a pump and the capacity of the new pump to take water is no more than the capacity of the existing pump; or

(c)the work involves the installation of a pump to take water under a water entitlement that—

(i)is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence under the Water Act; or

(ii)states the rate at which water may be taken; or

(d)the interfering is allowed under a water licence under the Water Act and the work complies with the conditions of the licence; or

(e)the taking or interfering involves using a water truck to pump water.

(2)Operational work, other than PDA-related development, that—

(a)involves 1 or more of the following—

(i)taking or interfering with water in a watercourse, lake or spring, other than as stated in subsection (1);

(ii)taking or interfering with underground water through a subartesian bore;

(iii)taking overland flow water; and

(b)is—

(i)prescribed as not assessable development under the Water Act, section 39(f); or

(ii)particular operational work that complies with the requirements prescribed under the Water Act, section 1014(2)(g).

(3)Operational work, other than PDA-related development, that—

(a)involves taking or interfering with underground water in part of an underground water area; and

(b)is prescribed as accepted development for the part under the Water Act, section 1046(2)(b).

Note—

See also the Water Act, section 1046(3).

(4)In this section—

water entitlement see the Water Act, schedule 4.

sch 7 s 5 amd 2017 SL No. 103 s 90; 2018 SL No. 91 s 12

6Operational work for waterway barrier works

Operational work for constructing or raising waterway barrier works, if requirements for the work are prescribed under the Fisheries Act, section 32 and the work complies with the requirements.

sch 7 s 6 amd 2019 SL No. 71 s 59 sch 1

7Operational work in a declared fish habitat area

Operational work completely or partly within a declared fish habitat area, if requirements for the work are prescribed under the Fisheries Act, section 32 and the work complies with the requirements.

sch 7 s 7 amd 2019 SL No. 71 s 59 sch 1

8Operational work impacting on marine plants

Operational work that is the removal, destruction or damage of a marine plant, if requirements for the work are prescribed under the Fisheries Act, section 32 and the work complies with the requirements.

sch 7 s 8 amd 2019 SL No. 71 s 59 sch 1

9Operational work in wetland protection areas

Operational work in a wetland protection area that—

(a)is high impact earthworks; and

(b)is carried out for electricity operating works or government supported transport infrastructure; and

(c)complies with schedule 14.

10Operational work for tidal works or work within a coastal management district

Operational work that—

(a)is either of the following—

(i)tidal works;

(ii)work carried out completely or partly in a coastal management district that involves interfering with quarry material, as defined under the Coastal Act, on State coastal land above high-water mark; and

(b)is undertaken—

(i)by a local government; or

(ii)by the Gold Coast Waterways Authority; or

(iii)by or for the department in which the Transport Infrastructure Act or the Transport Planning Act is administered; and

(c)complies with the requirements for the work prescribed under the Coastal Act, section 167(5)(b).

11Operational work relating to levees

(1)Operational work that is the following, if the work complies with the requirements for the work stated in the Water Regulation, section 101A—

(a)the construction of a new category 1 levee;

(b)the modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee.

(2)In this section—

category 1 levee see the Water Regulation, section 101(2).

sch 7 s 11 amd 2017 SL No. 103 s 91

12Operational work for clearing native vegetation

Operational work that is clearing native vegetation to which an accepted development vegetation clearing code applies if the work complies with the code.

section 21

sch 8 amd 2017 SL No. 103 s 92; 2017 SL No. 141 s 11; 2018 SL No. 91 s 13

sections 20, 22, 26, 27, 30, 31, 33 and 34

1Assessable development—building work under the Building Act

Building work under the Building Act is assessable development, unless the building work is accepted development under schedule 7.

Note—

A development application for building work may also require referral to a referral agency under schedule 10.

sch 9 pt 3 div 1 amd 2018 SL No. 91 s 14; 2019 SL No. 104 s 15

sch 9 pt 3 div 3 amd 2017 SL No. 141 s 18

sections 19, 20, 22, 26, 27, 30, 31, 33 and 34

1Assessable development—development on airport land

Development on airport land is assessable development, if—

(a)the land use plan for the airport land states the development is assessable development; or

(b)the development is a material change of use that is inconsistent with the land use plan for the airport land.

sch 10 pt 1 div 2 amd 2018 SL No. 91 s 15 (1); 2019 SL No. 104 s 16 (1)

2Prohibited development—material change of use for a brothel

(1)A material change of use of premises for a brothel is prohibited development if—

(a)more than 5 rooms in the proposed brothel are to be used to provide prostitution; or

(b)the premises are—

(i)in, or within 200m of the closest point on any boundary of, a residential area, measured by the shortest route a person may reasonably and lawfully take, on foot or by vehicle; or

(ii)within 200m of the closest point on any boundary of land on which there is a residential building or public building; or

(iii)within 100m of the closest point on any boundary of land on which there is a residential building or public building, measured in a straight line; or

(c)for premises in a town with a population of less than 25,000—

(i)the local government for the town has prohibited all material changes of use for a brothel within the local government area; and

(ii)the Minister has agreed that the development should be prohibited.

(2)In this section—

public building means—

(a)a hospital; or

(b)a kindergarten; or

(c)a place of worship; or

(d)a school; or

(e)another place regularly frequented by children for recreational or cultural activities.

residential area means—

(a)an area that is mainly residential; or

(b)an area approved for residential uses; or

(c)an area intended to be residential in character.

residential building means a building, or part of a building, mainly used for private residential use, other than a building, or part of a building, used only for caretaker’s accommodation on premises in an industrial area.

3Assessable development—material change of use for a brothel

A material change of use of premises for a brothel is assessable development.

4Prohibited development—clearing native vegetation other than for a relevant purpose

(1)Operational work that is the clearing of native vegetation on prescribed land is prohibited development to the extent the work—

(a)is not for a relevant purpose under the Vegetation Management Act, section 22A; and

(b)is not exempt clearing work; and

(c)is not accepted development under schedule 7, part 3, section 12.

(2)A material change of use that is assessable development under a local categorising instrument is prohibited development if and to the extent—

(a)the material change of use involves operational work that is prohibited development under subsection (1), other than operational work approved under a development approval; and

(b)the chief executive would, because of the clearing, be a referral agency for the material change of use under division 4, table 3 if a development application were made for the material change of use.

5Assessable development—clearing native vegetation on prescribed land

Operational work that is the clearing of native vegetation on prescribed land is assessable development, unless the clearing is—

(a)exempt clearing work; or

(b)accepted development under schedule 7, part 3, section 12.

sch 10 pt 3 div 3 amd 2018 Act No. 7 s 47 (1); 2018 SL No. 56 s 11; 2018 SL No. 91 s 15 (2); 2019 SL No. 104 s 16 (2)

sch 10 pt 3 div 4 amd 2018 Act No. 7 s 47 (2); 2018 SL No. 91 s 15 (3)–(4); 2019 SL No. 104 s 16 (3)–(4)

sch 10 pt 4 div 1 hdg amd 2017 SL No. 201 s 4 (1)

6Assessable development—material change of use on contaminated land

A material change of use of premises is assessable development if—

(a)all or part of the premises are on—

(i)the contaminated land register; or

(ii)the environmental management register; and

(b)the premises are not being used for a sensitive land use; and

(c)the material change of use involves—

(i)a sensitive land use; or

(ii)a commercial use involving an accessible underground facility, including, for example, a basement car park, workshop or office; and

(d)neither the contaminated land register nor the environmental management register state that the premises are suitable for the proposed use in accordance with a site suitability statement for the premises.

sch 10 s 6 amd 2017 SL No. 201 s 4 (2)–(4)

sch 10 pt 4 div 2 (prev sch 10 pt 4 div 1A) ins 2017 SL No. 201 s 4 (5)

renum 2017 SL No. 201 s 4 (6)

sch 10 pt 4 div 3 (prev sch 10 pt 4 div 2) renum 2017 SL No. 201 s 4 (6)

amd 2018 SL No. 91 s 15 (5); 2019 SL No. 104 s 16 (5)

7Prohibited development—development in North Stradbroke Island Region

(1)Development in the North Stradbroke Island Region is prohibited development—

(a)if the development is for an environmentally relevant activity stated in the Environmental Protection Regulation, schedule 2, part 4, section 16; and

(b)to the extent the development involves dredging or extracting more than 10,000t of material a year.

(2)In this section—

North Stradbroke Island Region see the North Stradbroke Island Protection and Sustainability Act 2011, section 5.

8Assessable development—material change of use for an environmentally relevant activity

(1)A material change of use of premises for an environmentally relevant activity is assessable development, if the activity is a concurrence ERA (the relevant ERA).

(2)However, subsection (1) does not apply if—

(a)an environmental authority to carry out a concurrence ERA has been approved for the premises; and

(b)the relevant ERA and concurrence ERA are to be carried out under the environmental authority; and

(c)the relevant ERA has a lower aggregate environmental score than the concurrence ERA.

sch 10 pt 5 div 3 amd 2018 SL No. 91 s 15 (6); 2019 SL No. 104 s 16 (6)

9Assessable development—material change of use for aquaculture

A material change of use of premises for aquaculture is assessable development, unless the material change of use is accepted development under schedule 7, part 2, section 3.

sch 10 pt 6 div 1 amd 2018 SL No. 91 s 15 (7); 2019 SL No. 104 s 16 (7)

10Assessable development—operational work in declared fish habitat area

Operational work completely or partly in a declared fish habitat area is assessable development, unless the work is accepted development under schedule 7, part 3, section 7.

sch 10 pt 6 div 2 amd 2018 SL No. 91 s 15 (8); 2019 SL No. 104 s 16 (8)

Note—

For the referral agencies for a development application for building work under the Building Act in a declared fish habitat area, see schedule 9, part 3, division 1, table 2.

11Assessable development—operational work involving marine plants

Operational work that is the removal, destruction or damage of a marine plant is assessable development, unless the work is—

(a)accepted development under schedule 7, part 3, section 8; or

(b)for reconfiguring a lot that is assessable development under section 21, or for a material change of use that is assessable development, and both of the following apply—

(i)a development permit is in effect for the reconfiguration or material change of use;

(ii)the chief executive, or the chief executive (fisheries), had functions and powers as a referral agency or prescribed assessment manager in relation to the removal, destruction or damage of marine plants for the development application for the development permit; or

(c)PDA-related development.

sch 10 pt 6 div 3 amd 2018 SL No. 91 s 15 (9); 2019 SL No. 104 s 16 (9)

sch 10 pt 6 div 3 amd 2018 SL No. 91 s 15 (10); 2019 SL No. 104 s 16 (10)

12Assessable development—operational work for waterway barrier works

Operational work that is constructing or raising waterway barrier works is assessable development, unless the work is accepted development under schedule 7, part 3, section 6.

sch 10 pt 6 div 4 amd 2018 SL No. 91 s 15 (11); 2019 SL No. 104 s 16 (11)

13Assessable development—material change of use for a hazardous chemical facility

A material change of use for a hazardous chemical facility is assessable development.

sch 10 pt 7 div 2 amd 2018 SL No. 91 s 15 (12); 2019 SL No. 104 s 16 (12)

sch 10 pt 7 div 3 amd 2018 SL No. 91 s 15 (13); 2019 SL No. 104 s 16 (13)

14Assessable development—development on local heritage place

Development on a local heritage place, other than a Queensland heritage place, is assessable development, unless—

(a)the development is building work carried out by or for—

(i)the State; or

(ii)a public sector entity; or

(b)the development is carried out by the State on designated premises; or

(c)the development is stated in schedule 6; or

(d)an exemption certificate under the Heritage Act has been given for the development by the chief executive officer of the local government for the local government area where the place is.

Notes—

1For development on a local heritage place on airport land, see also the Airport Assets Act, section 54.

2For development on a local heritage place on Brisbane core port land, see also the Transport Infrastructure Act, section 283ZV.

15Assessable development—development on or adjoining a Queensland heritage place

(1)Development on a Queensland heritage place is assessable development, unless—

(a)an exemption certificate under the Heritage Act has been given for the development by the chief executive of the department in which that Act is administered; or

(b)the development is, under section 78 of that Act, liturgical development; or

(c)the development is carried out by the State; or

(d)the development is PDA-related development; or

(e)the development is carried out for the cross river rail project.

(2)A material change of use of premises is assessable development, if—

(a)the material change of use is carried out on a lot that shares a common boundary with another lot that is or contains a Queensland heritage place; or

(b)the material change of use is carried out on a lot that contains a Queensland heritage place, but is not carried out on the Queensland heritage place.

(3)However, subsection (2) does not apply if 1 or more of the following apply—

(a)the Queensland heritage place is an archaeological State heritage place as defined under the Heritage Act, schedule;

(b)the material change of use is carried out more than 75m from the boundary of the Queensland heritage place;

(c)the material change of use is for a single storey dwelling house only;

(d)the material change of use is for a dwelling house only and all buildings constructed as part of the use are more than 25m from the boundary of the Queensland heritage place;

(e)all buildings and structures, other than dwelling houses, constructed as part of the material change of use have a height of less than 3.5m;

(f)the material change of use involves only alterations to existing buildings and structures, with all alterations to the exterior of a building or structure being minor building work;

(g)the material change of use is PDA-related development.

(4)In this section—

cross river rail project means the project known as the cross river rail project described in—

(a)the Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development Act; and

(b)any Coordinator-General’s change report for the project under that Act.

sch 10 pt 8 div 2 amd 2018 SL No. 91 s 15 (14)–(15); 2019 SL No. 104 s 16 (14)–(15)

sch 10 pt 9 div 1 amd 2018 SL No. 91 s 15 (16); 2019 SL No. 104 s 16 (16)

sch 10 pt 9 div 4 amd 2018 SL No. 91 s 15 (17); 2019 SL No. 104 s 16 (17)

sch 9 pt 9 div 4 amd 2017 SL No. 141 s 19 (1)–(2); 2018 SL No. 91 s 15 (18)–(23); 2019 SL No. 104 s 16 (18)–(23)

sch 10 pt 9 div 4 amd 2018 SL No. 91 s 15 (24)–(26); 2019 SL No. 104 s 16 (24)–(26)

16Prohibited development—material change of use in priority koala assessable development area

(1)A material change of use of premises for an urban activity is prohibited development to the extent the premises are in—

(a)a priority koala assessable development area; and

(b)a koala habitat area; and

(c)an area designated under a local categorising instrument for conservation, open space, rural or rural residential purposes.

(2)However, subsection (1) does not apply to a material change of use—

(a)that is accepted development; or

(b)that is exempted development; or

(c)for a single dwelling on a lot larger than 2,000m²; or

(d)that, if a development application were made for the material change of use, must be assessed against the assessment benchmarks prescribed under schedule 11, part 2, section 2, 3, 4 or 5.

(3)In this section—

urban activity—

(a)means the use of premises for a residential, industrial, retail or commercial activity; but

(b)does not include—

(i)an aeronautical facility; or

(ii)animal keeping; or

(iii)an activity that relies on the tourist trade; or

(iv)a cemetery; or

(v)a childcare centre; or

(vi)a community hall; or

(vii)a crematorium; or

(viii)a detention facility; or

(ix)an educational establishment; or

(x)emergency services; or

(xi)a forestry or primary industry activity; or

(xii)an activity that is reasonably associated with a forestry or primary industry activity; or

(xiii)a hospital; or

(xiv)infrastructure for water, waste management, telecommunications or electricity; or

(xv)outdoor sport and recreation; or

(xvi)a clubhouse, grandstand or tourist accommodation relating to outdoor sport and recreation; or

(xvii) a place of worship; or

(xviii)tourist accommodation that is part of a use mentioned in subparagraph (v), (vi), (viii), (ix), (xiii) or (xvii); or

(xix)a commercial or retail activity that is ancillary to a use mentioned in subparagraph (iii), (v), (vi), (viii), (ix), (xiii) or (xvii).

sch 10 s 16 amd 2017 SL No. 201 s 4 (7)

17Prohibited development—material change of use for a noise sensitive place

A material change of use of premises for a noise sensitive place is prohibited development, if—

(a)the use is on a part of the premises that—

(i)is noise attenuation land; and

(ii)has noise levels exceeding 45dBA(L_Aeq) during the operation of an off-road motorcycling facility on off-road motorcycling facility land; and

(b)any building work for the use does not comply with the outcomes prescribed for noise category 2 in the Queensland Development Code, part 4.4.

18Assessable development—operational work for reconfiguring a lot

Operational work for reconfiguring a lot is assessable development, if the reconfiguration is also assessable development.

sch 10 pt 13 div 1 amd 2018 SL No. 91 s 15 (27); 2019 SL No. 104 s 16 (27)

Note—

For the relationship between port overlays and planning instruments, and between port overlays and land use plans for strategic port land, see the Sustainable Ports Act, sections 26 and 27.

19Assessable development—development in priority port’s master planned area

Development in a priority port’s master planned area is assessable development, if—

(a)the port overlay for the master planned area states the development is assessable development; and

(b)the development is not in—

(i)a priority development area; or

(ii)a State development area.

20Assessable development—development on strategic port land

Development on strategic port land is assessable development, if—

(a)either—

(i)the land use plan for the strategic port land states the development is assessable development; or

(ii)the development is a material change of use that is inconsistent with the land use plan; and

(b)for premises in a priority port’s master planned area—the port overlay for the master planned area does not state a different category of development for the development.

21Assessable development—reconfiguring a lot under Land Title Act

Reconfiguring a lot under the Land Title Act is assessable development, unless the reconfiguration—

(a)is stated in schedule 6, part 4, section 21(2); or

(b)is of a lot that is, or includes, Brisbane core port land; or

Note—

For reconfiguring a lot on Brisbane core port land, see the Transport Infrastructure Act, section 283ZM.

(c)is for reconfiguring a South Bank lot within the corporation area under the South Bank Corporation Act 1989; or

(d)is of a lot that is in a priority development area, or that is PDA-associated land for a priority development area, within the meaning of the Economic Development Act, schedule 1.

Note—

For the referral agencies for particular development applications for reconfiguring a lot that is assessable development under section 21, see the other parts of this schedule.

sch 10 pt 14 div 2 amd 2017 SL No. 141 s 12 (1)

sch 10 pt 15 hdg sub 2017 SL No. 141 s 12 (2)

sch 10 pt 15 div 1 sub 2017 SL No. 141 s 12 (2)

amd 2018 SL No. 91 s 15 (28); 2019 SL No. 104 s 16 (28)

sch 10 pt 15 div 2 hdg sub 2017 SL No. 141 s 12 (2)

sch 10 pt 15 div 2 hdg ins 2017 SL No. 141 s 12 (2)

22Assessable development—material change of use in SEQ development area

(1)A material change of use of premises that are completely or partly in an SEQ development area is assessable development.

(2)However, subsection (1) does not apply if—

(a)all of the following apply—

(i)the material change of use is accepted development, or assessable development requiring code assessment, under a local categorising instrument;

(ii)the use results in a gross floor area of not more than 10,000m²;

(iii)the premises have an area of not more than 10,000m²; or

(b)the material change of use is for—

(i)a dwelling house; or

(ii)a dwelling unit; or

(iii)a dual occupancy, if both dwellings are on a single lot; or

(iv)caretaker’s accommodation; or

(c)the material change of use is excluded development.

sch 10 s 22 sub 2017 SL No. 141 s 12 (2)

sch 10 pt 15 div 2 ins 2017 SL No. 141 s 12 (2)

sch 10 pt 15 div 2 ins 2017 SL No. 141 s 12 (2)

amd 2018 SL No. 91 s 15 (29); 2019 SL No. 104 s 16 (29)

sch 10 pt 16 hdg sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 1 hdg sub 2017 SL No. 141 s 12 (2)

23Prohibited development—reconfiguring a lot in SEQ regional landscape and rural production area

(1)Reconfiguring a lot is prohibited development to the extent the lot is in the SEQ regional landscape and rural production area, if the reconfiguration—

(a)is a subdivision; and

(b)is assessable development under section 21.

(2)However, subsection (1) does not apply if—

(a)the reconfiguration is an exempt subdivision; or

(b)the lot is in an SEQ rural subdivision precinct and the reconfiguration is consistent with the purpose statement, and minimum lot size, for the zone applying to the lot under a local planning instrument; or

(c)each lot created by the reconfiguration is at least 100ha; or

(d)the lot is in an area identified in a gazette notice by the Minister as having a rural residential purpose and an application for the reconfiguration was properly made under the old Act or the repealed IPA on or before 6 December 2010.

(3)In this section—

SEQ rural subdivision precinct means an area in the SEQ region identified in a gazette notice by the Minister as a rural subdivision precinct.

sch 10 s 23 sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 2 hdg sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 2 hdg sub 2017 SL No. 141 s 12 (2)

24Assessable development—material change of use for tourist activity or sport and recreation activity

A material change of use of premises for a tourist activity or sport and recreation activity is assessable development if—

(a)all or part of the premises are in—

(i)the SEQ regional landscape and rural production area; or

(ii)the SEQ rural living area; and

(b)the use—

(i)results in a gross floor area of more than 5,000m² on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or

(ii)involves an ancillary commercial or retail activity with a gross floor area of more than 250m²; or

(iii)provides accommodation for more than 300 persons; and

(c)the material change of use is not—

(i)excluded development; or

(ii)an exempt material change of use.

sch 10 s 24 sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 2 sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 2 ins 2017 SL No. 141 s 12 (2)

amd 2018 SL No. 91 s 15 (30); 2019 SL No. 104 s 16 (30)

sch 10 pt 16 div 3 hdg sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 3 hdg sub 2017 SL No. 141 s 12 (2)

25Prohibited development—material change of use for residential care facility

A material change of use of premises for a residential care facility is prohibited development if—

(a)all or part of the premises are in—

(i)the SEQ regional landscape and rural production area; or

(ii)the SEQ rural living area; and

(b)the use results in a gross floor area of more than 5,000m² on the premises; and

(c)the material change of use is not excluded development.

sch 10 s 25 sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 3 hdg sub 2017 SL No. 141 s 12 (2)

26Assessable development—material change of use for residential care facility

A material change of use of premises for a residential care facility is assessable development if—

(a)all or part of the premises are in—

(i)the SEQ regional landscape and rural production area; or

(ii)the SEQ rural living area; and

(b)the use results in a gross floor area of not more than 5,000m² on the premises; and

(c)the material change of use is not excluded development.

sch 10 s 26 sub 2017 SL No. 141 s 12 (2)

27Assessable development—material change of use for another community activity

A material change of use of premises for a community activity, other than a residential care facility, is assessable development if—

(a)all or part of the premises are in—

(i)the SEQ regional landscape and rural production area; or

(ii)the SEQ rural living area; and

(b)the use—

(i)results in a gross floor area of more than 5,000m² on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or

(ii)involves an ancillary commercial or retail activity with a gross floor area of more than 250m²; or

(iii)provides accommodation for more than 300 persons; and

(c)the material change of use is not—

(i)excluded development; or

(ii)an exempt material change of use.

sch 10 s 27 sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 3 sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 3 ins 2017 SL No. 141 s 12 (2)

amd 2018 SL No. 91 s 15 (31); 2019 SL No. 104 s 16 (31)

sch 10 pt 16 div 4 hdg sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 4 hdg sub 2017 SL No. 141 s 12 (2)

27AAssessable development—material change of use for indoor recreation

A material change of use of premises for indoor recreation is assessable development if—

(a)all or part of the premises are in—

(i)the SEQ regional landscape and rural production area; or

(ii)the SEQ rural living area; and

(b)the use—

(i)results in a gross floor area of more than 3,000m² on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or

(ii)involves more than 250 persons, including employees, being on the premises at any time; or

(iii)provides accommodation for more than 100 persons; and

(c)the material change of use is not—

(i)excluded development; or

(ii)an exempt material change of use.

sch 10 s 27A ins 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 4 sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 4 sub 2017 SL No. 141 s 12 (2)

amd 2018 SL No. 91 s 15 (32); 2019 SL No. 104 s 16 (32)

sch 10 pt 16 div 5 hdg sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 5 hdg om 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 5 hdg om 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 5 hdg om 2017 SL No. 141 s 12 (2)

27BProhibited development—material change of use for residential development

(1)A material change of use of premises for a residential development is prohibited development to the extent the premises are in—

(a)the SEQ regional landscape and rural production area; or

(b)the SEQ rural living area.

(2)However, subsection (1) does not apply if the material change of use is—

(a)excluded development; or

(b)an exempt material change of use.

sch 10 s 27B ins 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 6 hdg sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 6 hdg sub 2017 SL No. 141 s 12 (2)

27CProhibited development—material change of use for shopping centre

(1)A material change of use of premises for a shopping centre is prohibited development to the extent the premises are in—

(a)the SEQ regional landscape and rural production area; or

(b)the SEQ rural living area.

(2)However, subsection (1) does not apply if the material change of use is excluded development.

sch 10 s 27C ins 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 6 hdg sub 2017 SL No. 141 s 12 (2)

27DAssessable development—material change of use for biotechnology industry

A material change of use of premises for a biotechnology industry is assessable development if—

(a)all or part of the premises are in—

(i)the SEQ regional landscape and rural production area; or

(ii)the SEQ rural living area; and

(b)either—

(i)the use results in a gross floor area of more than 800m² on the premises; or

(ii)the total area of all outdoor areas on the premises associated with the use is more than 1,500m²; and

(c)the material change of use is not—

(i)excluded development; or

(ii)an exempt material change of use.

sch 10 s 27D ins 2017 SL No. 141 s 12 (2)

27EAssessable development—material change of use for service station

(1)This section applies to a material change of use of premises for a service station if—

(a)all or part of the premises are in—

(i)the SEQ regional landscape and rural production area; or

(ii)the SEQ rural living area; and

(b)the material change of use is not—

(i)excluded development; or

(ii)an exempt material change of use.

(2)The material change of use is assessable development if—

(a)the premises are within 25m of a State-controlled road; and

(b)the use results in a gross floor area of more than 1,250m² on the premises, excluding any part of the premises that is a bathroom facility, or rest area, for the exclusive use of drivers of heavy vehicles; and

(c)the total area of all outdoor areas on the premises associated with the use is more than 2,000m², excluding any outdoor area that is used exclusively for—

(i)a rest area; or

(ii)the manoeuvring of vehicles; or

(iii)the parking of vehicles for no more than 20 hours; or

(iv)another activity that is necessary for the carrying out of the use.

(3)Also, the material change of use is assessable development if—

(a)the premises are more than 25m from a State-controlled road; and

(b)either—

(i)the use results in a gross floor area of more than 1,250m² on the premises; or

(ii)the total area of all outdoor areas on the premises associated with the use is more than 2,000m².

sch 10 s 27E ins 2017 SL No. 141 s 12 (2)

27FAssessable development—material change of use for another urban activity

A material change of use of premises for an urban activity, other than a biotechnology industry or service station, is assessable development if—

(a)all or part of the premises are in—

(i)the SEQ regional landscape and rural production area; or

(ii)the SEQ rural living area; and

(b)either—

(i)the use results in a gross floor area of more than 800m² on the premises; or

(ii)the total area of all outdoor areas on the premises associated with the use is more than 1,500m²; and

(c)the material change of use is not—

(i)excluded development; or

(ii)an exempt material change of use.

sch 10 s 27F ins 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 6 sub 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 6 ins 2017 SL No. 141 s 12 (2)

amd 2018 SL No. 91 s 15 (33)–(34); 2019 SL No. 104 s 16 (33)–(34)

sch 10 pt 16 div 7 hdg ins 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 7 hdg ins 2017 SL No. 141 s 12 (2)

27GAssessable development—material change of use for combined use

(1)A material change of use of premises is assessable development if—

(a)all or part of the premises are in—

(i)the SEQ regional landscape and rural production area; or

(ii)the SEQ rural living area; and

(b)the material change of use is for 2 or more of the following uses—

(i)a community activity;

(ii)indoor recreation;

(iii)a sport and recreation activity;

(iv)a tourist activity;

(v)an urban activity; and

(c)no part of the material change of use is assessable development under division 2, 3, 4 or 6; and

(d)the use—

(i)results in a gross floor area of more than 5,000m² on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or

(ii)provides accommodation for more than 300 persons.

(2)However, subsection (1) does not apply to the extent the material change of use—

(a)is excluded development; or

(b)is an exempt material change of use.

(3)Subsection (4) applies if—

(a)the material change of use involves excluded development or an exempt material change of use; and

(b)because of the carrying out of the excluded development or exempt material change of use only, the use results in a gross floor area of more than 5,000m² on the premises, or provides accommodation for more than 300 persons.

(4)The material change of use is not assessable development under subsection (1).

sch 10 s 27G ins 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 7 ins 2017 SL No. 141 s 12 (2)

sch 10 pt 16 div 7 ins 2017 SL No. 141 s 12 (2)

amd 2018 SL No. 91 s 15 (35); 2019 SL No. 104 s 16 (35)

28Assessable development—operational work that is tidal works or work in a coastal management district

(1)Operational work is assessable development, if the work is—

(a)tidal works; or

(b)any of the following carried out completely or partly in a coastal management district—

(i)interfering with quarry material, as defined under the Coastal 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.

(2)However, subsection (1) does not apply to operational work that—

(a)is accepted development under schedule 7, part 3, section 10; or

(b)is excluded work; or

(c)is PDA-related development.

(3)In this section—

excluded work means operational work, other than work that section 166(4) of the Act applies in relation to, that—

(a)is maintenance work on a lawful work; or

(b)is tidal works that alter a prescribed structure, other than an alteration that—

(i)creates a roofed structure, including a shed or a gazebo; or

(ii)changes the footprint of the prescribed structure; or

(iii)changes the dimensions or structural capacity of the prescribed structure; or

(iv)may affect safe navigable access to, or from, tidal water or to, or from, properties next to tidal water, including alterations to clearance heights or lighting; or

(c)is stated in subsection (1)(b)(i) or (iv), if the work is minor work that—

(i)has an insignificant impact on coastal management; and

(ii)is reversible or expendable.

prescribed structure means a lawful structure that is—

(a)a boat ramp; or

(b)a bridge; or

(c)a jetty; or

(d)a pontoon; or

(e)a slipway; or

(f)a wharf.

sch 10 pt 17 div 2 amd 2017 SL No. 138 s 19; 2018 SL No. 91 s 15 (36); 2019 SL No. 104 s 16 (36)

sch 10 pt 17 div 3 amd 2017 SL No. 141 s 19 (3)–(7); 2018 SL No. 91 s 15 (37)–(40); 2019 SL No. 104 s 16 (37)–(40)

sch 10 pt 18 amd 2017 SL No. 141 s 19 (8)–(9); 2018 SL No. 91 s 15 (41); 2019 SL No. 104 s 16 (41)

29Assessable development—operational work that involves taking or interfering with water

Operational work that involves the following work is assessable development, unless the work is PDA-related development or accepted development under schedule 7, part 3, section 5—

(a)taking or interfering with water in—

(i)a watercourse, lake or spring; or

(ii)a dam constructed on a watercourse or lake;

(b)taking or interfering with underground water through an artesian bore, as defined under the Water Act, schedule 4, other than through a monitoring bore;

(c)taking or interfering with underground water through a subartesian bore, if—

(i)the works are prescribed as assessable development under the Water Act, section 39(f); or

(ii)the work does not comply with the requirements that are prescribed under the Water Act, section 1014(2)(g) for the work to be characterised as accepted development;

(d)taking or interfering with underground water in a part of an underground water area, if the work is prescribed as assessable development for the part under the Water Act, section 1046(2)(b);

Note—

See also the Water Act, section 1046(3).

(e) taking overland flow water, if—

(i)the works are prescribed as assessable development under the Water Act, section 39(f); or

(ii)the work does not comply with the requirements that are prescribed under the Water Act, section 1014(2)(g) for the work to be characterised as accepted development.

sch 10 s 29 amd 2017 SL No. 103 s 93; 2018 SL No. 91 s 15 (42)–(43)

sch 10 pt 19 div 1 amd 2018 SL No. 91 s 15 (44); 2019 SL No. 104 s 16 (42)

30Assessable development—development for removing quarry material

Development for removing quarry material from a watercourse or lake is assessable development, unless the development is PDA-related development.

sch 10 pt 19 div 2 amd 2018 SL No. 91 s 15 (45); 2019 SL No. 104 s 16 (43)

sch 10 pt 19 div 2 amd 2018 SL No. 91 s 15 (46); 2019 SL No. 104 s 16 (44)

31Assessable development—operational work for referable dams

Operational work that is the construction of a dam, or relates to a dam, is assessable development, 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 a category 1 failure impact rating or a category 2 failure impact rating.

sch 10 pt 19 div 3 amd 2018 SL No. 91 s 15 (47); 2019 SL No. 104 s 16 (45)

32Assessable development—operational work for levees

The following operational work is assessable development—

(a)construction of a new category 2 levee;

(b)construction of a new category 3 levee;

(c)modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee;

(d)modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee.

sch 10 pt 19 div 4 amd 2018 SL No. 91 s 15 (48); 2019 SL No. 104 s 16 (46)

33Prohibited development—operational work in a wetland protection area

Operational work that is high impact earthworks in a wetland protection area is prohibited development, if—

(a)the development is carried out for—

(i)electricity operating works; or

(ii)government supported transport infrastructure; and

(b)the development is not accepted development under schedule 7, part 3, section 9.

34Assessable development—operational work in wetland protection area

Operational work that is high impact earthworks in a wetland protection area is assessable development, unless the operational work—

(a)is for a domestic housing activity; or

(b)is the natural and ordinary consequence of development that is a material change of use, or reconfiguring a lot, and all of the following apply—

(i)the material change of use or reconfiguration involves high impact earthworks in a wetland protection area;

(ii)a development permit is in effect for the material change of use or reconfiguration;

(iii)the chief executive, or the chief executive (environment), had functions and powers as a referral agency or prescribed assessment manager in relation to the earthworks for the development application for the development permit; or

(c)is accepted development under schedule 7, part 3, section 9.

sch 10 pt 20 div 3 amd 2018 SL No. 91 s 15 (49); 2019 SL No. 104 s 16 (47)

sch 10 pt 20 div 4 amd 2018 SL No. 91 s 15 (50)–(51); 2019 SL No. 104 s 16 (48)–(49)

35Assessable development—material change of use for a wind farm

A material change of use of premises for a wind farm is assessable development, unless the whole of the premises are subject to a designation for infrastructure for electricity operating works for a wind farm.

sch 10 pt 21 div 2 amd 2018 SL No. 91 s 15 (52); 2019 SL No. 104 s 16 (50)

schedule 10, part 10

1Application and purpose of schedule

(1)This schedule applies to a development application if—

(a)all or part of the premises are in a koala habitat area; and

(b)the development is—

(i)a material change of use; or

(ii)operational work; or

(iii)reconfiguring a lot, other than a reconfiguration that does not create an additional lot.

(2)However, this schedule does not apply to a development application—

(a)if the chief executive is the prescribed assessment manager for the development application; or

(b)to the extent the development is—

(i)assessable development under a variation approval; or

(ii)prescribed assessable development, other than reconfiguring a lot that is assessable development under schedule 10, part 14, division 1, section 21; or

(iii)exempted development.

(3)Part 2 prescribes assessment benchmarks that an assessment manager must assess the development against.

(4)Subsection (5) applies if—

(a)a local categorising instrument states assessment benchmarks (local assessment benchmarks) for the development; and

(b)the local assessment benchmarks relate to the conservation of koalas.

(5)The local assessment benchmarks are not inconsistent with the assessment benchmarks in part 2 to the extent the local assessment benchmarks contain extra requirements for the development.

2Assessment benchmarks—particular development in identified koala broad-hectare area

(1)This section applies to the development application if—

(a)all or part of the development is in an identified koala broad-hectare area; and

(b)the development is not for a domestic housing activity; and

(c)neither section 3 nor 5 applies to the development application.

(2)The following matters are assessment benchmarks for the development—

(a)the development provides, to the greatest extent practicable, safe koala movement measures that are appropriate for—

(i)the development; and

(ii)the habitat connectivity value of the premises;

(b)any clearing of native vegetation complies with part 3;

(c)measures are implemented to ensure that construction activities on the premises do not increase the risk of death or injury to koalas;

(d)any area on the premises that is cleared of native vegetation is progressively rehabilitated, if—

(i)the vegetation was removed as a result of construction activities; and

(ii)the area is to be used to provide for safe koala movement measures, including, if appropriate, koala movement infrastructure;

(e)if an area is to be used to provide for safe koala movement measures—the development involves landscaping that provides food, shelter and movement opportunities for koalas.

(3)In this section—

habitat connectivity value, of premises, means the extent to which the premises facilitate the movement of koalas across the premises, having regard to—

(a)the characteristics of the premises, including, for example—

(i)whether koalas are present on the premises; and

(ii)the condition of any koala habitat on the premises; and

(iii)whether there is a waterway or ecological corridor on the premises; and

(iv)whether the premises contain remnant vegetation or regulated regrowth vegetation; and

(b)whether the premises are near—

(i)a koala habitat area, particularly a bushland habitat area, high value rehabilitation habitat area or medium value rehabilitation habitat area; or

(ii)an area of remnant vegetation, or regulated regrowth vegetation, in which koalas are present, or which contains regional ecosystems in which koalas are known to be present (where the ecosystems are consistent with essential koala habitat, for example); or

(iii)an area of ecological significance; or

(iv)a waterway; or

(v)an ecological corridor; and

(c)factors that may reduce or adversely affect koala movement, including, for example—

(i)the proximity and location of roads or other infrastructure; and

(ii)any indirect impacts of development on the ecological features of the premises; and

(iii)ecological changes to koala habitat happening at the boundary of the premises.

koala movement infrastructure means infrastructure that provides for safe koala movement either above or below an area that poses a risk to safe koala movement, including, for example, a fauna overpass or underpass with koala safety fencing associated with a road.

safe koala movement measure means a measure that facilitates the safe movement of koalas across premises, including, for example, by minimising threats to koalas or providing food or refuge for koalas.

3Assessment benchmarks—particular development relating to existing development approval

(1)This section applies to the development application if—

(a)all or part of the development is in an assessable development area; and

(b)the development—

(i)is approved by a preliminary approval in effect for the premises; or

(ii)is operational work relating to a material change of use, or reconfiguring a lot, that is approved by a development approval in effect for the premises.

(2)However, this section does not apply if the development is for a domestic housing activity.

(3)The matters stated in section 2(2)(a) to (d) are assessment benchmarks for the development.

4Assessment benchmarks—development for particular infrastructure

(1)This section applies to the development application if—

(a)all or part of the development is in an assessable development area; and

(b)the development is for—

(i)linear infrastructure; or

(ii)infrastructure stated in schedule 5.

(2)However, this section does not apply if section 2, 3, or 5 applies to the development application.

(3)The following matters are assessment benchmarks for the development—

(a)the development avoids clearing non-juvenile koala habitat trees in an area that is—

(i)a bushland habitat area; or

(ii)a high value rehabilitation habitat area; or

(iii)a medium value rehabilitation habitat area;

(b)if the clearing of non-juvenile koala habitat trees can not be avoided in an area stated in paragraph (a)—

(i)the amount of clearing is minimised; and

(ii)any significant residual impact of the clearing is offset;

(c)the matters stated in section 2(2)(a) to (e).

(4)In this section—

linear infrastructure means infrastructure that is linear.

Examples—

infrastructure for electricity distribution or transmission, a pipeline, a road, a railway

5Assessment benchmarks—development for extractive industry

(1)This section applies to the development application if—

(a)all or part of the development is in an assessable development area; and

(b)the development is for an extractive industry.

(2)However, this section does not apply if section 3 applies to the development application.

(3)The following matters are assessment benchmarks for the development—

(a)the development involves the clearing of koala habitat trees only if the clearing is necessary for—

(i)dredging material from the bed of a water body; or

(ii)extracting material from a pit or quarry; or

(iii)screening, washing, grinding, milling, sizing or separating material extracted from a pit or quarry; or

(iv)carrying out work that is the natural and ordinary consequence of an activity under subparagraphs (i) to (iii);

(b)the development avoids clearing non-juvenile koala habitat trees in an area that is—

(i)a bushland habitat area; or

(ii)a high value rehabilitation habitat area; or

(iii)a medium value rehabilitation habitat area;

(c)if the clearing of non-juvenile koala habitat trees can not be avoided in an area stated in paragraph (b)—

(i)the amount of clearing is minimised; and

(ii)any significant residual impact of the clearing is offset;

(d)extraction activities are staged in accordance with operational need;

(e)the development involves measures to ensure the risk of death or injury to koalas is not increased;

(f)any area on the premises that is cleared of native vegetation is progressively rehabilitated after extraction activities stop in the area;

(g)the matters stated in section 2(2)(a), (b), (d) and (e).

6Assessment benchmarks—development in priority koala assessable development area

(1)This section applies to the development application if all or part of the development is in a priority koala assessable development area.

(2)However, this section does not apply if—

(a)the development is for a domestic housing activity; or

(b)section 2, 3, 4 or 5 applies to the development application.

(3)The following matters are assessment benchmarks for the development—

(a)the development does not involve clearing non-juvenile koala habitat trees in a bushland habitat area;

(b)the development avoids clearing non-juvenile koala habitat trees in an area that is—

(i)a high value rehabilitation habitat area; or

(ii)a medium value rehabilitation habitat area;

(c)if the clearing of non-juvenile koala habitat trees can not be avoided in an area stated in paragraph (b)—

(i)the amount of clearing is minimised; and

(ii)any significant residual impact of the clearing is offset;

(d)the matters stated in section 2(2)(a) to (e).

7Assessment benchmarks—development in koala assessable development area

(1)This section applies to the development application if all or part of the development is in a koala assessable development area.

(2)However, this section does not apply if—

(a)the development is for a domestic housing activity; or

(b)section 2, 3, 4 or 5 applies to the development application.

(3)The following matters are assessment benchmarks for the development—

(a)the development does not involve clearing non-juvenile koala habitat trees in an area that—

(i)is a bushland habitat area; and

(ii)is not in the SEQ urban footprint; and

(iii)is not designated in a local instrument for urban purposes;

(b)the development avoids clearing non-juvenile koala habitat trees in an area that—

(i)is a bushland habitat area and is in the SEQ urban footprint; or

(ii)is a high value rehabilitation habitat area; or

(iii)is a medium value rehabilitation habitat area;

(c)if the clearing of non-juvenile koala habitat trees can not be avoided in an area stated in paragraph (b)—

(i)the amount of clearing is minimised; and

(ii)any significant residual impact of the clearing is offset;

(d)the matters stated in section 2(2)(a) to (e).

8Requirements for clearing

(1)For part 2, the clearing of native vegetation on premises must be carried out in a way that ensures—

(a)koalas have enough time to move from the area being cleared without human intervention; and

(b)links between koala habitats are maintained to allow koalas to move from the area being cleared; and

(c)a tree is not cleared if—

(i)a koala is present in the tree; or

(ii)the crown of the tree overlaps another tree in which a koala is present; and

(d)a non-juvenile koala habitat tree is only cleared under the guidance of a koala spotter.

(2)Also, for premises larger than 3ha—

(a)the clearing must be carried out in stages, with each stage involving the clearing of—

(i)if the total area to be cleared is 6ha or less—no more than 50% of the area; or

(ii)if the total area to be cleared is larger than 6ha—no more than 3ha, or 3% of the area, whichever is greater; and

(b)clearing must not be carried out on the premises between each stage of clearing for at least 1 period starting at 6p.m. on a day and ending at 6a.m. the following day.

(3)In this section—

koala spotter means a person who—

(a)has demonstrated experience in locating koalas in koala habitats or conducting fauna surveys; and

(b)holds a current authority under the Nature Conservation Act 1992 for the activities stated in paragraph (a).

9Request to assessment manager

(1)This section applies in relation to a development application to which section 4, 5, 6 or 7 applies, if a part of the premises is in a following area (each a koala habitat classification area)—

(a)a bushland habitat area;

(b)a rehabilitation habitat area;

(c)an area of koala habitat value;

(d)an area unsuitable for koalas.

(2)The applicant may, in writing, request that the assessment manager decide that, for assessing and deciding the development application, the part is taken to be in a different koala habitat classification area.

(3)The request must be accompanied by a report, prepared by an appropriately qualified person, about the koala habitat value of the part.

10Deciding request

(1)The assessment manager may make the requested decision if—

(a)for a decision that the part is taken to be a bushland habitat area—the part—

(i)is 2ha or more, or less than 2ha but within 50m of bushland; and

(ii)contains mainly forested areas of native vegetation, including areas ranging from closed canopy forest to open woodland; and

(iii)contains a variety of trees of the Eucalyptus genus typically used by koalas for food, shelter, movement or dispersal; and

(iv)is not a plantation forest; or

(b)for a decision that the part is taken to be a rehabilitation habitat area—the part—

(i)is on a lot of 0.5ha or more; and

(ii)contains native vegetation as forested areas, scattered trees, areas of grass and bare surfaces; and

(iii)contains trees that koalas typically use for food or shelter; and

(iv)allows for the movement and dispersal of koalas; and

(v)allows for genetic exchange between koalas; or

(c)for a decision that the part is taken to be an area of koala habitat value—the part—

(i)is on a lot of less than 0.5ha; and

(ii)contains native vegetation as forested areas, scattered trees, areas of grass and bare surfaces; and

(iii)contains trees that koalas typically use for food or shelter; and

(iv)allows for the movement and dispersal of koalas; and

(v)allows for genetic exchange between koalas; or

(d)for a decision that the part is taken to be an area unsuitable for koalas—the part—

(i)contains mainly bare and impervious surfaces; and

(ii)is separated from other areas of koala habitat; and

(iii)contains a high level of threats for koalas; and

Examples of areas that contain a high level of threats for koalas—

areas containing transport infrastructure, industrial areas, major urban centres

(iv)is within an area of at least 10,000ha which generally does not contain koalas.

(2)If the assessment manager makes the requested decision—

(a)the assessment manager must give the applicant notice of the decision; and

(b)the part is taken, for assessing and deciding the development application, to be in the koala habitat classification area decided by the assessment manager.

(3)If the assessment manager decides not to make the requested decision, the assessment manager must give the applicant notice of the decision, including the reasons for the decision.

section 28(2) and schedule 10, part 14

1Application of schedule

(1)This schedule applies to reconfiguring a lot if—

(a)the lot is in—

(i)an industry zone; or

(ii)a residential zone, other than a park residential zone or rural residential zone; and

(b)the reconfiguration is the subdivision of 1 lot, other than a rear lot, into 2 lots (each a created lot); and

(c)each created lot is at least the minimum lot size for the relevant zone stated in a local instrument; and

(d)the reconfiguration is consistent with the purpose statement for the relevant zone stated in a local instrument.

(2)However, this schedule does not apply if—

(a)all or part of the premises are in an erosion prone area or any of the following areas under a local instrument—

(i)a flood hazard area;

(ii)a bushfire hazard area;

(iii)a landslide hazard area;

(iv)a storm tide inundation area; or

(b)an overlay in a local instrument applies to all or part of the premises.

2References to local instrument

In this schedule, a reference to a local instrument is a reference to a local instrument applying to the premises.

3Assessment benchmarks

The assessment benchmarks for the reconfiguration are—

(a)the frontage of each created lot complies with the minimum frontage requirements for the relevant zone stated in a local instrument; and

(b)the building envelope of each created lot complies with the building envelope requirements for the relevant zone stated in a local instrument; and

(c)the reconfiguration involves the creation of a rear lot only if the local instrument states that a rear lot is consistent with the relevant zone; and

(d)the number of lots, including rear lots, adjoining each created lot complies with the maximum number of adjoining lots for the relevant zone stated in a local instrument; and

(e)if the reconfiguration creates a rear lot—

(i)an access strip for the rear lot does not adjoin the access strip of more than 1 other rear lot; and

(ii)no more than 2 rear lots are accessed from the head of a single cul-de-sac; and

(f)if a local instrument states minimum setback distances for the relevant zone—the distance of a building or structure from a boundary of a created lot complies with the minimum setback distances stated in the local instrument; and

(g)if the reconfiguration is in a residential zone and a local instrument does not state minimum setback distances for the zone—the distance of an existing building or structure from a boundary of a created lot complies with the minimum setback distances stated in the Queensland Development Code, parts 1.1 to 1.3; and

(h)a new building or structure on the premises—

(i)will comply with the Queensland Development Code, part 1.4; and

(ii)will be outside of an existing or planned infrastructure easement; and

(i)each created lot has access to the road network through—

(i)direct road frontage; or

(ii)an access strip; or

(iii)an access easement, if a local instrument states that an access easement is consistent with the relevant zone; and

(j)access from each created lot to the road network—

(i)is lawful, safe and practical; and

(ii)is designed and built in accordance with requirements for the relevant zone stated in a local instrument, including requirements about width, length or gradient; and

(k)if a local instrument does not state a minimum width for an access strip or access easement in the relevant zone—an access strip or access easement for a created lot has a minimum width of—

(i)for reconfiguring a lot in a residential zone—5m; or

(ii)for reconfiguring a lot in an industry zone—8m; and

(l)if a local instrument does not state a maximum length requirement for an access strip or access easement in the relevant zone—an access strip or access easement for a created lot has a maximum length of 50m; and

(m)if the premises are in a reticulated water area—each created lot is connected to the reticulated water supply system; and

(n)if the premises are not in a reticulated water area—each created lot has an alternative potable water supply source that complies with the minimum storage capacity requirements for the relevant zone stated in a local instrument; and

(o)if the premises are in an area with a sewerage service—each created lot is connected to the sewerage service; and

(p)if the premises are not in an area with a sewerage service—each created lot has an effluent treatment and disposal system designed and built in accordance with the requirements stated in a local instrument; and

(q)each lot is connected to a supply network and telecommunication network, if required under a local instrument; and

(r)any other infrastructure necessary to service the lots will be provided, designed and built in accordance with the requirements stated in a local instrument; and

(s)the release of sediment from the premises, including from erosion and sediment-laden stormwater runoff—

(i)is minimised during and after construction; and

(ii)complies with the requirements stated in a local instrument; and

(t)filling and excavating on the premises—

(i)does not cause a vertical change to the natural ground level of more than 1 metre; and

(ii)does not result in ponding on the premises or adjoining land; and

(iii)complies with the requirements stated in a local instrument.

schedule 6, sections 3 and 19

1Requirements for material change of use or operational work

(1)This section applies to—

(a)a material change of use of premises for cropping involving forestry for wood production; or

(b)operational work that is, or is necessarily associated with, harvesting trees for wood production.

(2)A local categorising instrument is prohibited from stating that the development is assessable development in a rural zone, if—

(a)the use or work is at a distance of at least the separation distance stated in part 2, table 1, column 2 from a structure or thing stated in part 2, table 1, column 1 opposite the separation distance; and

(b)seedlings within the separation distance stated in paragraph (a) are removed if the seedlings—

(i)are the same species as the trees to be harvested; and

(ii)are not native to the local area; and

(c)for land with a slope of more than 10% but less than 25%—the development uses only—

(i)mechanical strip cultivation on the contour; or

(ii)spot cultivation; or

(iii)manual cultivation; and

(d)for land with a slope of 25% or more—the development uses only—

(i)spot cultivation; or

(ii)manual cultivation; and

(e)the construction, operation or maintenance of a track or road for the development does not adversely affect—

(i)a natural drainage feature on the land; or

(ii)land that is subject to erosion or landslide; and

(f)a track or road for the development—

(i)is appropriately drained; and

(ii)has a stable surface; and

(g)drainage structures for a track or road for the development are regularly maintained; and

(h)drainage water from a track or road for the development is directed away from exposed soils and onto undisturbed ground or other areas with a stable surface; and

(i)for development involving a forest for wood production that is less than 40ha—a fire break that is at least 7m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; and

(j)for development involving a forest for wood production that is at least 40ha, but less than 100ha—a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; and

(k)for development involving a forest for wood production that is 100ha or more—

(i)a fire break that is at least 20m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; or

(ii)both of the following things are established and maintained—

(A)a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested;

(B)a fuel reduction area immediately behind the fire break that is at least 10m wide; and

(l)trees to be harvested in the fuel reduction area are pruned to a minimum height of 5m when the trees reach a height of 10m; and

(m)firebreaks are kept clear of flammable material with a height of more than 1m; and

(n)fire access tracks and roads that are at least 4m wide are established and maintained on the premises; and

(o)each part of the forest for wood production is within 250m of a fire access track or road.

(3)Despite subsection (2)(a), the following works may be carried out within the separation distance stated in the subsection—

(a)the construction of roads and tracks for the development;

(b)maintenance works for the development.

(4)In this section—

firebreak means a firebreak between—

(a)the forest for wood production; and

(b)any infrastructure or neighbouring land.

schedule 7, part 3, section 9

1Requirements for high impact earthworks in wetland protection area

(1)This section applies to operational work in a wetland protection area that is high impact earthworks carried out for—

(a)electricity operating works; or

(b)government supported transport infrastructure.

(2)The operational work is accepted development if—

(a)the work is not carried out in a wetland in the wetland protection area; or

(b)both of the following apply—

(i)the work is not carried out within the boundary of a wetland that has been delineated and mapped in accordance with the Queensland Wetland Definition and Delineation Guidelines by, or for, the person carrying out the work;

(ii)the person carrying out the work gives a notice stating the work to be carried out to the chief executive (environment) before the work starts; or

(c)the work complies with section 2; or

(d)the work provides for remedial action to be carried out; or

(e)the person carrying out the work—

(i)provides a counterbalancing environmental offset; and

(ii)gives a notice stating the work to be carried out to the chief executive (environment) before the work starts.

(3)In this section—

counterbalancing environmental offset means an environmental offset that—

(a)counterbalances any significant adverse impacts of the operational work; and

(b)is calculated in accordance with any relevant environmental offsets policy under the Environmental Offsets Act 2014.

Queensland Wetland Definition and Delineation Guidelines means the Queensland Wetland Definition and Delineation Guidelines published by the department in which the Environmental Protection Act is administered.

2Criteria for operational work

(1)For section 1(2)(c), the operational work must comply with the following criteria—

(a)the operational work is not carried out within a buffer around all wetlands in the wetland protection area that—

(i)for a wetland in an urban area—is at least 50m wide; or

(ii)for a wetland not in an urban area—is at least 200m wide; or

(iii)has the minimum width stated in an environmental evaluation of the wetland;

(b)the operational work—

(i)results in a net ecological benefit to, and improvement of, the environmental values and functioning of all wetlands in the wetland protection area; or

(ii)involves rehabilitation of the hydrological regime of all wetlands in the wetland protection area; or

(iii)involves restoring the natural hydrological regime of all wetlands in the wetland protection area; or

(iv)does not adversely affect the surface water hydrological regime of any wetland in the wetland protection area; or

(v)minimises adverse impacts on the surface water hydrological regime of all wetlands in the wetland protection area by—

(A)ensuring there is no change to the reference high-flow duration frequency curve, the low-flow duration frequency curve, the low-spells frequency curve, and the mean annual flow to and from each wetland; and

(B)ensuring stream flows into each wetland comply with the environmental flow objectives stated in a water plan under the Water Act applying to the wetland; and

(C)if the work will result in an increased volume or velocity of stormwater flows into a wetland—collecting and re-using the stormwater;

(c)the operational work returns the water table and hydrostatic pressure in the wetland protection area to their natural state, or both of the following apply—

(i)saline water does not enter freshwater aquifers in the wetland protection area;

(ii)the water table and hydrostatic pressure in the wetland protection area are not lowered or raised outside of the bounds of variability existing immediately before the operational work starts;

(d)the operational work—

(i)does not change the quantity or quality of stormwater entering any wetland in the wetland protection area; or

(ii)results in a change to the quantity or quality of stormwater entering a wetland in the wetland protection area, but the change does not cause the stormwater to be inconsistent with any water quality guidelines and water quality objectives under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019; or

(iii)minimises adverse impacts on the wetland protection area caused by stormwater entering the area;

(e)the operational work does not involve clearing vegetation in any wetland in the wetland protection area or in a buffer under paragraph (a);

(f)the operational work—

(i)is not in a buffer under paragraph (a); or

(ii)avoids degrading land in the wetland protection area by using engineering designs and solutions for the horizontal and vertical alignment of infrastructure; or

(iii)complies with an erosion and sediment control plan for the wetland protection area;

(g)the operational work—

(i)is not within an ecological corridor in the wetland protection area; or

(ii)is not within an ecological corridor that is established and maintained in accordance with the Wetland Rehabilitation Guidelines for the Great Barrier Reef Catchment prepared by Wetland Care Australia for the Commonwealth Government; or

(iii)does not adversely affect the movement of fauna that may use or move through a wetland in the wetland protection area as part of the fauna’s normal life cycle;

(h)the operational work—

(i)provides for the removal of non-native pest species from the wetland protection area; or

(ii)includes pest management practices for non-native pest species in the wetland protection area that protect the long-term functioning of wetlands in the area; or

(iii)does not result in the introduction of non-native pest species to a wetland in the wetland protection area; or

(iv)provides pest dispersal prevention measures that manage the threat of non-native pest species to wetlands in the wetland protection area, but do not interfere with the movement of native fauna in the wetland protection area;

(i)the operational work—

(i)does not cause noise, light or visual disturbances to native fauna in the wetland protection area; or

(ii)complies with a noise, light and visual disturbances report;

(j)a monitoring plan is prepared and implemented to monitor the effects of the operational work on the ecological and hydrological functioning of the wetlands in the wetland protection area.

(2)In this section—

environmental evaluation, of a wetland, means an evaluation—

(a)of the environmental values and functioning of the wetland, including threats to the wetland; and

(b)that is carried out by an appropriately qualified person in accordance with the Queensland Wetland Buffer Guideline published by the department in which the Environmental Protection Act is administered.

noise, light and visual disturbances report means a report prepared by a qualified ecologist, or a person with similar experience, that—

(a)assesses the impacts of noise, light and visual disturbances on native fauna in the wetland protection area; and

(b)recommends measures for mitigating any impacts.

sch 14 s 2 amd 2019 SL No. 155 s 219

section 39

sch 15 sub 2018 SL No. 91 s 16; 2019 SL No. 104 s 17

section 52

Notes—

1This schedule was inserted by amending legislation that commenced on 1 July 2019.

2See also section 112(2) of the Act.

sch 16 sub 2017 SL No. 141 s 20; 2018 SL No. 91 s 17; 2019 SL No. 104 s 17

amd 2019 SL No. 196 s 5

section 56

sch 17 sub 2018 SL No. 91 s 18

amd 2019 SL No. 42 s 128 sch 11

sub 2019 SL No. 104 s 17

section 69

1Request for approval of plan of subdivision

(1)A person may, by notice, ask a local government to approve a plan of subdivision for reconfiguring a lot.

(2)The request—

(a)if the local government has a form for the request—must be in that form; and

(b)must be accompanied by the required fee.

(3)If the request relates to reconfiguring a lot that is approved under a development permit, the request may be made only if the development permit is in effect.

(4)If a development condition of a development permit requires the plan of subdivision to be given to the local government, the request must be made—

(a)if the development permit states a date by which the request must be made—on or before the stated date; or

(b)otherwise—within 2 years after the development permit takes effect, or the longer period agreed between the person and the local government.

2Assessing request

(1)If the request relates to a plan of subdivision for reconfiguring a lot that is approved under a development permit, or a plan of subdivision required under a development condition of a development permit, the request must be assessed against the following criteria—

(a)the development conditions of the development permit about the reconfiguration have been complied with, or the applicant has given satisfactory security to the local government to ensure compliance with the conditions;

(b)for a reconfiguration requiring operational work—

(i)the development conditions of the development permit about the operational work have been complied with; or

(ii)the applicant has given satisfactory security to the local government to ensure compliance with the development conditions;

(c)there are no outstanding rates or charges levied by the local government or expenses that are a charge over the land under any Act;

(d)the plan has been prepared in accordance with the development permit;

(e)the conditions of a water approval under the SEQ Water Act have been complied with;

(f)there are no outstanding fees or charges levied by a distributor-retailer under the SEQ Water Act.

(2)If the request relates to a plan of subdivision for reconfiguring a lot that is not assessable development, the request must be assessed against the following criteria—

(a)the plan is consistent with any development permit relevant to the premises;

(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;

(c)the conditions of a water approval under the SEQ Water Act have been complied with;

(d)there are no outstanding fees or charges levied by a distributor-retailer under the SEQ Water Act.

3Deciding request

(1)If the request complies with the criteria for the request stated in section 2, the local government must approve the request.

(2)The local government must give notice of the approval to the person making the request within—

(a)if the request complies with the criteria stated in section 2 when it is received by the local government—20 business days after it is received; or

(b)if the request does not comply with the criteria stated in section 2 when it is received by the local government—20 business days after the person gives notice to the local government that the criteria stated in section 2 have been complied with; or

(c)another period agreed between the local government and the person making the request.

(3)If the Act that the plan of subdivision is to be registered or recorded under requires a particular form for the registration or recording, the notice must be in that form.

schedule 9, part 3, division 3

1air-handling systems used for smoke control

2emergency lifts

3sound systems and intercom systems for emergency purposes

4fire control centres

5fire detection and alarm systems, other than—

(a)stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel; or

(b)smoke alarms in a class 1 building that are required to be interconnected; or

(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

9services required under the Building Code, volume 1, part 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

Smoke control systems

•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 indicators

Emergency lifts

•operation of fire service controls in lifts

Sound systems and intercom systems for emergency purposes

•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 test

Fire control centres

•location of control centre

•suitability of contents, ventilation, signage, lighting and sound levels of control centre

Fire 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 changed—suitability of the sensitivity setting having regard to the location of the system and the Australian Standard for that system

Firefighting 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 neighbouring buildings

•operation of fixed pump-set controls and status indication

•provision of extra hydrant services as stated in AS 2419

•provision of suitable facilities for testing internal hydrants

•provisions for connection of fire authority portable relay booster pump

•provisions for hardstanding for fire appliances

Hazardous buildings

•suitability of special fire services and site requirements for hazardous buildings stated in the Building Act, section 79

Provision for special fire hazards

•suitability of special fire services for the protection of special hazards as stated in the Building Code, volume 1, part E1.10

Special automatic fire suppression systems

•achievement of specified performance

•location of control valves

•provision of access for fire service vehicles

•provision of interface with other systems and direct fire service alarm

•suitability of extinguishment media

Sprinklers

•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 stated in AS 2118

•location of valve room, pump-sets, water alarm and booster point

Wall-wetting sprinklers

•location of isolating valves

•provision of suitable signs

Large isolated buildings

•suitability of site provisions for access by fire service vehicles

sch 19 amd 2017 SL No. 141 s 21; 2018 SL No. 91 s 19

schedule 10, part 9, division 4, subdivision 1

schedule 24, definition exempt clearing work

1Clearing and other activities or matters for premises generally

(1)Clearing vegetation under a development approval for a material change of use or reconfiguring a lot, if—

(a)the approval is for a development application for which the chief executive is a referral agency in relation to vegetation clearing; or

(b)the approval is for a development application—

(i)that relates only to lots of less than 5ha; and

(ii)for which a local government is the prescribed assessment manager.

(2)Clearing an area of vegetation within a watercourse, as defined under the Vegetation Management Act, schedule, or a lake for an activity, other than an activity relating to a material change of use or reconfiguring 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 allowed by a permit given under the Water Act, section 221; or

(iii)a necessary and unavoidable consequence of an activity carried out under the Riverine Protection Permit Exemption Requirements; and

(b)either—

(i)the clearing is under an accepted development vegetation clearing code, other than if the vegetation is in a category A area; or

(ii)the area is less than 0.5ha of a least concern regional ecosystem in a category B area; or

(iii)the area is less than 0.5ha in 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—

(i)1 or more purposes stated in the Vegetation Management Act, section 22A(2)(b), (c), (f), (g), (h) or (j); or

(ii)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; and

(b)for 1 or more of the purposes stated 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 as defined under the Environmental Protection Act, section 107.

(7)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, section 53, 68 or 69.

(10)An activity under—

(a)the Electricity Act, section 101 or 112A; or

(b)the Electricity Regulation 2006, section 17.

(11)An activity authorised under the Forestry Act.

(12)Clearing vegetation on premises 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 owner of the premises, within the meaning of that Act, or a person authorised by the owner, does the clearing; and

(b)the clearing complies with the area management plan, including any condition of the plan requiring the owner to give notice of the clearing to the chief executive of the department in which that Act is administered.

(13)Clearing vegetation on land stated in the Forestry Act, 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.

(14)Clearing vegetation for the construction or maintenance of infrastructure stated in schedule 5, if—

(a)the clearing is on designated premises; or

(b)the infrastructure is government supported transport infrastructure.

(15)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 starting when the disaster situation declaration was made and ending 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;

(ii)another day decided by the chief executive by notice.

(16)Clearing vegetation that is necessary to carry out a cadastral survey of an existing property boundary, geotechnical survey or geological survey, if the area cleared is—

(a)for an area in which the survey is conducted—a maximum area of 100m2; and

(b)for an area necessary for reasonable access to the area in which the survey is conducted—a maximum of 10m wide.

(17)Clearing vegetation that is necessary to remediate contaminated land recorded in the environmental management register or contaminated land register.

(18)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.

(19)Clearing vegetation that the Vegetation Management Act does not apply to or affect.

Note—

For clearing vegetation that the Vegetation Management Act does not affect, see, for example, section 74 of that Act.

(19A)Clearing vegetation in accordance with a restoration notice under the Vegetation Management Act or an enforcement notice under the Act if the clearing is carried out for—

(a)1 or more of the purposes stated in the Vegetation Management Act, section 22A(2)(b), (c), (g) or (j); or

(b)establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised.

(20)In this section—

airport premises means premises used, or to be used, completely or partly for an airport-related purpose.

airport-related purpose means—

(a)the construction, operation or maintenance of a strategic airport, including—

(i)air transport infrastructure; and

(ii)core airport infrastructure on airport land; or

(b)an activity or facility supporting the economical, efficient or safe functioning of a strategic airport; or

Examples for paragraph (b)—

•manufacturing aircraft or aircraft components

•servicing aircraft

(c)an activity or facility supporting the financial viability of a strategic airport; or

Examples for paragraph (c)—

•operating an air charter business or air freight depot

•operating a flight training or skydiving business

(d)for premises on airport land—development consistent with the land use plan for the airport land.

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 stated in section 16(1)(a) of that Act; and

(b)the disaster situation has not ended under section 71 of that Act.

management plan, for an area declared under the Vegetation Management Act, section 19F, means the management plan for the area that accompanied the notice given by the owner of the land under section 19E of that Act, as amended from time to time.

remediate, contaminated land, see the Environmental Protection Act, schedule 4.

Riverine Protection Permit Exemption Requirements means the document called the ‘Riverine Protection Permit Exemption Requirements’ that is—

(a)approved by the chief executive of the department in which the Water Act is administered; and

(b)published on that department’s website.

sch 21 s 1 amd 2018 Act No. 7 s 48 (1); 2018 SL No. 91 s 20

2Freehold land

For freehold land, clearing vegetation—

(a)for a forest practice; or

(b)that is residential clearing; or

(c)that is necessary for essential management; or

(d)in a category X area; or

(e)that is PDA-related development; or

(f)under an accepted development vegetation clearing code, other than clearing in a category A area; or

(g)that is the following vegetation, if the clearing is for urban purposes in an urban area—

(i)regulated regrowth vegetation;

(ii)an of concern regional ecosystem in a category B area;

(iii)a least concern regional ecosystem in a category B area; or

(h)that is the following vegetation, if the clearing is necessary for routine management in an area of the land—

(i)regulated regrowth vegetation;

(ii)a least concern regional ecosystem in a category B area; or

(i)for development—

(i)that is for an extractive industry, as defined under the Vegetation Management Act, schedule, in a key resource area; and

(ii)to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or

(j)for development—

(i)that is a significant community project; and

(ii)to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.

3Indigenous land

For indigenous land, clearing vegetation—

(a)for a forest practice, other than on land on which the State owns the trees; or

(b)for residential clearing; or

(c)that is necessary for essential management; or

(d)in a category X area; or

(e)that is PDA-related development; or

(f)under an accepted development vegetation clearing code, other than in a category A area; or

(g)that is gathering, digging or removing forest products for use under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 62; or

(h)that is the following vegetation, if the clearing is for urban purposes in an urban area—

(i)regulated regrowth vegetation;

(ii)an of concern regional ecosystem in a category B area;

(iii)a least concern regional ecosystem in a category B area; or

(i)that is necessary for routine management in an area of the land, if the vegetation is—

(i)regulated regrowth vegetation; or

(ii)a least concern regional ecosystem in a category B area; or

(j)for development—

(i)that is for an extractive industry, as defined under the Vegetation Management Act, schedule, in a key resource area; and

(ii)to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or

(k)for development—

(i)that is a significant community project; and

(ii)to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.

4Land leased under Land Act

(1)For land leased under the Land Act for agriculture or grazing purposes, clearing vegetation—

(a)that is residential clearing; or

(b)that is necessary for essential management; or

(c)in a category X area; or

(d)under an accepted development vegetation clearing code, other than in a category A area; or

(e)that is necessary for routine management in an area of the land, if the vegetation is—

(i)regulated regrowth vegetation; or

(ii)a least concern regional ecosystem in a category B area; or

(f)for development—

(i)that is for an extractive industry, as defined under the Vegetation Management Act, schedule, in a key resource area; and

(ii)to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or

(g)for development—

(i)that is a significant community project; and

(ii)to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.

(2)For land leased under the Land Act, other than for agriculture or grazing purposes, clearing vegetation that is consistent with the purposes of the lease, if the clearing—

(a)is residential clearing; or

(b)is necessary for essential management; or

(c)is in a category R area or category X area; or

(d)is under an accepted development vegetation clearing code, other than in a category A area; or

(e)is for urban purposes in an urban area and involves clearing vegetation that is—

(i)regulated regrowth vegetation; or

(ii)an of concern regional ecosystem in a category B area; or

(iii)a least concern regional ecosystem in a category B area; or

(f)is 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 in a category B area.

5Land dedicated as a road under Land Act

For land that is dedicated as a road under the Land Act, clearing vegetation—

(a)that is carried out by a local government, or by or for the chief executive (transport), if the clearing—

(i)is necessary to construct or maintain road transport infrastructure or to source construction material for roads; or

(ii)is a category R area or category X area; or

(b)that is 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)that is 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 to reduce hazardous fuel load; or

(e)that is necessary to maintain infrastructure on the road, other than fences; or

(f)that is necessary to maintain a boundary fence to the maximum width of 3m; or

(g)that is necessary for reasonable access to adjoining land from the formed road for a maximum width of 10m; or

(h)that is necessary to maintain a firebreak or garden on the road; or

(i)under an accepted development vegetation clearing code, other than in a category A area.

6Particular trust land under Land Act

For land that is trust land under the Land Act, other than indigenous land, clearing vegetation—

(a)that is carried out, or allowed to be carried out, by the trustee; and

(b)that is consistent with achieving the purpose of the trust; and

(c)that—

(i)is necessary for essential management; or

(ii)is in a category R area or category X area; or

(iii)is to remove vegetation that is not native vegetation; or

(iv)is in accordance with a relevant biosecurity plan under the Biosecurity Act 2014; or

(v)is for urban purposes in an urban area and the vegetation is an of concern regional ecosystem, or a least concern regional ecosystem, in a category B area; or

(vi)is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or

(vii)is under an accepted development vegetation clearing code, other than in a category A area.

7Unallocated State land

For land that is unallocated State land, clearing vegetation—

(a)that is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act is administered; and

(b)that—

(i)is necessary for essential management; or

(ii)is to control declared pests or vegetation that is not native vegetation; or

(iii)is PDA-related development; or

(iv)is in a category R area or category X area; or

(v)is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or

(vi)is under an accepted development vegetation clearing code, other than in a category A area.

8Land subject to a licence or permit under Land Act

For land that is subject to a licence or permit under the Land Act, clearing vegetation—

(a)that is carried out by the licensee or permittee; and

(b)that—

(i)is necessary for essential management; or

(ii)is PDA-related development; or

(iii)is in a category R area or category X area; or

(iv)is for urban purposes in an urban area, if the vegetation is—

(A)regulated regrowth vegetation; or

(B)an of concern regional ecosystem in a category B area; or

(C)a least concern regional ecosystem in a category B area; or

(v)is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area or regulated regrowth vegetation; or

(vi)is under an accepted development vegetation clearing code, other than in a category A area.

sch 21 s 8 amd 2018 Act No. 7 s 48 (2)–(3)

section 70

1Documents local government must keep available for inspection and purchase

(1)A local government must keep the following documents available for inspection and purchase—

(a)each current State planning instrument that applies to the local government area;

(b)each public notice repealing a State planning instrument that applied to the local government area;

(c)each current local planning instrument for the local government area, including any LGIP;

(d)each notice, and any amended notice, given by the chief executive to the local government under section 18(3) of the Act;

(e)each proposed local planning instrument for the local government area, including any proposed amendments of a local planning instrument;

(f)each amendment of a local planning instrument made by the local government;

(g)each public notice published by the local government about—

(i)making or amending, or proposing to make or amend, a local planning instrument; or

(ii)repealing a TLPI or planning scheme policy; or

(iii)reviewing a planning scheme;

(h)a copy of any written reasons given to the chief executive under section 25(2)(a) of the Act;

(i)each superseded planning scheme for the local government area;

(j)each repealed or expired TLPI for the local government area;

(k)each explanatory statement, report, study, supporting material or document used in the preparation of a local planning instrument or LGIP for the local government area;

(l)each document mentioned in the local government’s LGIP;

(m)any notice given to the local government by the Minister under section 26 or 27 of the Act;

(n)a report, mentioned in section 30(5) of the Act, prepared by the local government;

(o)each current designation made by the local government;

(p)a designation register for all designations made by the local government that are in effect;

(q)any notice given to the local government by the Minister under section 37(2) or (5), 38(2), 39(3)(a) or 40(2)(a) of the Act;

(r)any notice given or published by the local government under section 37(6) of the Act about making or amending a designation;

(s)any notice given by the local government under section 38(2), 39(3)(b) or 40(2)(b) of the Act;

(t)each exemption certificate given by or to the local government under section 46 of the Act;

(u)an exemption certificate register;

(v)if the local government keeps a list of persons who are appropriately qualified to be an assessment manager for a development application—the list of persons, including—

(i)the date each person was included on the list; and

(ii)the qualifications, contact details and website address of each person on the list;

(w)any direction given to the local government under section 96 of the Act;

(x)each charges resolution of the local government;

(y)an infrastructure charges register;

(z)each infrastructure agreement that the local government is a party to, or a copy of which is given to the local government under section 153 of the Act;

(za)each breakup agreement that the local government is a party to;

(zb)each show cause notice and enforcement notice—

(i)given by the local government under the Act or the Building Act; or

(ii)a copy of which was given to the local government under the Act or the Building Act by an enforcement authority or private certifier;

(zc)any notice given by, or to, the local government about withdrawing a show cause notice or enforcement notice;

(zd)each enforcement order made by the P&E Court on the application of the local government;

(ze)the local government’s register stated in the Building Act, section 251;

(zf)the local government’s register of resolutions about land liable to flooding made under the Building Act;

(zg)each exemption given by the local government under the Building Act, chapter 8, part 2, division 3 or 4;

(zh)each document given to the local government by a private certifier (class A) under the Building Act, section 86(1);

(zi)each record the local government must keep under the Building Act, section 230;

(zj)all development information the local government has about a building development application under the Building Act, other than information that may be purchased from the registrar of titles;

(zk)each superseded planning scheme request made to the local government under section 29 of the Act.

(2)A State planning instrument stated in subsection (1)(a) must be kept available for inspection and purchase from when the instrument is made until it is repealed or replaced, or otherwise expires.

(3)A proposed local planning instrument, or amendment of a local planning instrument, (the instrument) stated in subsection (1)(e) must be kept available for inspection and purchase for the period—

(a)starting—

(i)if the instrument is publicly notified—the day the instrument is publicly notified; or

(ii)otherwise—the day the instrument is proposed to be made; and

(b)ending the day the instrument is made, or the local government decides not to make the instrument.

(4)A notice under subsection (1)(g)(iii) must be kept available for inspection and purchase for 40 business days after the notice is published.

(5)Despite subsection (1), the obligation under subsection (1)(zj) only applies if the person seeking the development information applies for the information in the form approved by the chief executive (housing).

(6)In this section—

development information, for a building development application under the Building Act, means information about—

(a)the physical characteristics and location of infrastructure related to the application; and

(b)local government easements, encumbrances or estates or interests in land likely to be relevant to the application; and

(c)site characteristic information likely to affect the assessment of the application.

Examples of information mentioned in paragraph (c)—

•design levels of proposed road or footway works

•design or location of stormwater connections

•design or location of vehicle crossings

•details of any Queensland heritage place or local heritage place

•discharge of swimming pool backwash water

•flood level information

•limitations on driveway gradients

•limitations on the capacity of sewerage, stormwater and water supply services

•location of any erosion control districts

•location of contaminated land

•location of land-slip areas

•location of mine subsidence areas

sch 22 s 1 amd 2017 SL No. 141 s 22 (1)

2Documents local government must keep available for inspection only

(1)A local government must keep available for inspection only—

(a)a private certifier application register for the following applications relating to the local government’s local government area—

(i)all development applications made to a private certifier as the assessment manager;

(ii)all change applications made to a private certifier as the responsible entity; and

(b)if the local government removes a person from a list stated in section 1(1)(v)—a register of all persons removed from the list which includes the following information for each person removed—

(i)the person’s name and contact details;

(ii)the date the person was originally included in the list;

(iii)the date the person was removed from the list.

(2)Subsection (1)(a) does not apply for a development application or change application until the local government—

(a)is given a copy of the decision notice for the application; or

(b)is advised by the private certifier that the application has lapsed or been withdrawn.

3Documents local government must or may publish on website

(1)A local government must publish the documents stated in section 1(1)(c), (e) to (j), (n), (p) and (r) to (v) on the local government’s website.

Note—

See also sections 115(8) and 118(1)(a) of the Act.

(2)A proposed local planning instrument, or amendment of a local planning instrument, stated in section 1(1)(e) must be kept on the website for the period stated in section 1(3).

(3)A notice stated in section 1(1)(g)(iii) must be kept on the website for 40 business days after the notice is published.

(4)A local government may publish on the local government’s website—

(a)a document stated in section 1(1)(d), (y), (zb) or (zc) to (zg); or

(b)the local government’s private certifier application register.

4Application of part

This part applies to an assessment manager, other than a private certifier.

5Documents assessment manager must keep available for inspection and purchase

(1)An assessment manager must, for each development application and change application, other than a change application for a minor change, made to the assessment manager, keep available for inspection and purchase—

(a)the application and any supporting material for the application; and

(b)any request made by the assessment manager to the applicant for extra information about the application and any response to the request; and

(c)any referral agency’s response for the application; and

(d)any properly made submission about the application.

(2)If the assessment manager is a prescribed assessment manager, the assessment manager must also keep the following documents available for inspection and purchase—

(a)for each building development application under the Building Act for a building that is approved by the assessment manager—the application and the approval documents for the application as defined under the Building Act, schedule 2;

(b)any direction given to the assessment manager by the Minister, or a copy of which is given to the assessment manager, under chapter 3, part 6, division 2 of the Act;

(c)any call in notice or proposed call in notice given to the assessment manager;

(d)each decision notice for a development application, change application or extension application, and each negotiated decision notice, given by the assessment manager, including any plans and specifications approved by the assessment manager in relation to the notice;

(e)each decision notice for a development application, change application or extension application, and each negotiated decision notice, a copy of which was given to the assessment manager by a chosen assessment manager;

(f)each notice of the cancellation of a development approval given to the assessment manager by a chosen assessment manager;

(g)each deemed approval notice given to the assessment manager;

(h)each decision notice on a change application given to the assessment manager under section 83(1) of the Act;

(i)each agreement the assessment manager or a referral agency is a party to about a development condition of a development approval;

(j)each show cause notice and enforcement notice given by the assessment manager as an enforcement authority;

(k)each notice given by the assessment manager withdrawing a show cause notice or enforcement notice;

(l)each enforcement order made by the P&E Court on the application of the assessment manager as an enforcement authority.

(3)The documents stated in subsection (1) must be kept available for inspection and purchase from when the assessment manager receives the development application or change application until—

(a)the application is withdrawn or lapses; or

(b)otherwise—the end of the last period during which an appeal may be made against a decision on the application.

(4)The obligation under subsection (2)(a) applies only until—

(a)if the building the subject of the approval is a class 10 building, other than a swimming pool fence, the earlier of the following to happen—

(i)the building’s demolition or removal;

(ii)the end of 10 years from when the approval was given; or

(b)if the building the subject of the approval is of any other class or is a swimming pool fence—the building’s demolition or removal.

(5)The obligation under subsection (2)(c) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application.

6Documents assessment manager must keep available for inspection only

(1)The assessment manager must keep available for inspection only—

(a)an application register for all development applications and change applications, other than change applications for a minor change, made to the assessment manager; and

(b)if the assessment manager is a prescribed assessment manager—an application register for all development applications and change applications, other than change applications for a minor change, made to a chosen assessment manager instead of the prescribed assessment manager.

(2)However—

(a)the obligation under subsection (1)(a) stops applying to a person that is a chosen assessment manager if the person is removed from the list of persons appropriately qualified to be an assessment manager held by the prescribed assessment manager; and

(b)subsection (1)(a) does not apply for a development application or change application until the decision notice for the application has been given, or was required to be given, or the application lapses or is withdrawn; and

(c)subsection (1)(b) does not apply for a development application or change application until the prescribed assessment manager—

(i)is given a copy of the decision notice for the application; or

(ii)is advised by the chosen assessment manager that the application has lapsed or been withdrawn.

7Documents assessment manager must or may publish on website

(1)The assessment manager must publish on the assessment manager’s website—

(a)the documents stated in section 5(1); and

(b)if the assessment manager is a prescribed assessment manager—the documents stated in section 5(2)(d) to (h); and

(c)the assessment manager’s application register.

Note—

See also section 63(4) of the Act.

(2)A document stated in section 5(1) must be kept on the website for the period stated in section 5(3), but may be kept on the website after that period has ended.

(3)The obligation under subsection (1)(c) stops applying to a person that is a chosen assessment manager if the person is removed from the list of persons appropriately qualified to be an assessment manager held by the prescribed assessment manager.

(4)A prescribed assessment manager may keep the following documents on the assessment manager’s website—

(a)for each development application, change application, extension application or cancellation application made to the prescribed assessment manager, or to a chosen assessment manager instead of the prescribed assessment manager—

(i)all the material about the application the assessment manager has received before the application is decided; and

(ii)each notice, request or agreement about the application given or made under the Act or development assessment rules; and

(iii)all correspondence about the application between the applicant, the assessment manager, a referral agency or a submitter;

(b)a document stated in section 5(2)(i) to (k).

Note—

See also section 56(6) of the Act.

8Documents referral agency must keep available for inspection and purchase

A referral agency must keep available for inspection and purchase—

(a)each agreement the referral agency is a party to about a development condition of a development approval; and

(b)each show cause notice and enforcement notice given by the referral agency as an enforcement authority; and

(c)each notice given by the referral agency withdrawing a show cause notice or enforcement notice; and

(d)each enforcement order made by the P&E Court on the application of the referral agency as an enforcement authority.

9Documents referral agency must keep available for inspection only

(1)A referral agency must keep available for inspection only a register for all development applications and change applications given to the referral agency under section 54 of the Act.

(2)Subsection (1) does not apply for a development application or change application until the decision notice for the application has been given, or was required to be given, or the application lapses or is withdrawn.

(3)The register must include the following information for each development application and change application given to the referral agency—

(a)the day the application was given to the referral agency;

(b)the applicant’s name and address;

(c)a property description that identifies the premises or the location of the premises;

(d)if the application is a development application—a description of the proposed development;

(e)if the application is a change application—a description of the proposed change;

(f)information about the referral agency’s powers in assessing the application;

(g)whether the referral agency asked the applicant for extra information about the application;

(h)whether a referral agency’s response was given by the referral agency and, if so, the day the response was given;

(i)if the application is a development application that was approved—whether a change application for the approval has been made to the referral agency as the responsible entity and, if the change application was approved, the day it was approved.

10Documents referral agency may publish on website

A referral agency may publish on the referral agency’s website—

(a)a document stated in section 8; or

(b)the referral agency’s register stated in section 9(1); or

(c)for each development application and change application given to the referral agency under section 54 of the Act—

(i)the application and all the material about the application the referral agency has received before the application is decided; or

(ii)any request made by the referral agency to the applicant requesting further information about the application and any response to the request; or

(iii)the referral agency’s response for the application; or

(iv)each notice, request or agreement about the application given or made under the Act or development assessment rules; or

(v)all correspondence about the application between the applicant, assessment manager and referral agency; or

(d)for each change application made to the referral agency as the responsible entity—

(i)all the material about the application the referral agency has received before the application is decided; or

(ii)each notice, request or agreement about the application given or made under the Act or development assessment rules; or

(iii)all correspondence about the application between the applicant, the assessment manager and the referral agency.

11Documents chief executive must keep available for inspection and purchase

(1)The chief executive must keep the following documents available for inspection and purchase—

(a)each current State planning instrument;

(b)each proposed State planning instrument, including any proposed amendments of a State planning instrument, and any explanatory statements prepared for the instrument or amendment;

(c)each public notice published by the Minister under section 10, 11, 12 or 13 of the Act;

(d)each amendment of a State planning instrument made under chapter 2, part 2 of the Act;

(e)the Minister’s guidelines and rules;

(f)any notice given by the Minister to a local government under section 26(6) or 27(2) of the Act;

(g)the designation process rules made by the Minister under section 37 of the Act;

(h)each current designation made by the Minister;

(i)a designation register for all designations made by the Minister that are in effect;

(j)each notice given to the chief executive by the Minister under section 38(2), 39(3)(a) or 40(2)(a) of the Act;

(k)any instrument stating standard conditions made by the Minister under section 64(8) of the Act;

(l)the development assessment rules;

(m)if the chief executive keeps a list of persons who are appropriately qualified to be an assessment manager for a development application—the list of persons, including—

(i)the date each person was included on the list; and

(ii)the qualifications, contact details and website address of each person on the list;

(n)each exemption certificate given by the chief executive under section 46 of the Act;

(o)an exemption certificate register;

(p)any direction given by the Minister under chapter 3, part 6, division 2 of the Act;

(q)each call in notice and proposed call in notice given by the Minister;

(r)each report prepared by the Minister under section 97(1) or 106(1) of the Act;

(s)each guideline made by the Minister or chief executive under section 36(3), 116(2), 117(2) or 283 of the Act;

(t)each show cause notice and enforcement notice a copy of which was given to the chief executive under section 170 of the Act;

(u)any notice given to the chief executive about withdrawing a show cause notice or enforcement notice;

(v)each notice of appeal given to the chief executive under section 230(3)(f) of the Act;

(w)a register of registered premises;

(x)a notice given to the chief executive under the old Act, section 456(8), as continued in effect under the P&E Court Act, section 80(1).

(2)A proposed State planning instrument, or amendment of a State planning instrument, (the instrument) stated in subsection (1)(b) must be kept available for inspection and purchase from when the instrument is publicly notified until the instrument is made or the Minister decides not to make the instrument.

(3)The obligation under subsection (1)(q) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application.

(4)The register of registered premises must, for each registered premises, include the following information—

(a)the real property description of the premises;

(b)a map of the affected area for the registered premises;

(c)the day the registration ends;

(d)whether any conditions have been imposed on the registration and, if so, what the conditions are;

(e)the type and level of emissions from the activity carried out at the premises.

sch 22 s 11 amd 2017 SL No. 141 s 22 (2)–(4); 2018 SL No. 91 s 21

12Documents chief executive must keep available for inspection only

The chief executive must keep the following documents available for inspection only—

(a)each State planning instrument that has been repealed or replaced, or has otherwise expired;

(b)if a current State planning instrument, or a State planning instrument stated in paragraph (a), was amended—the instrument as in effect just before the amendment was made;

(c)all current local planning instruments, including current LGIPs;

(d)all amendments of current local planning instruments;

(e)each public notice published by a local government about repealing a TLPI or planning scheme policy;

(f)each notice given to the chief executive by a local government under section 38(2), 39(3)(b) or 40(2)(b) of the Act;

(g)if the chief executive removes a person from a list stated in section 11(1)(m)—a register of all persons removed from the list that includes the following information for each person removed—

(i)the person’s name and contact details;

(ii)the date the person was originally included in the list;

(iii)the date the person was removed from the list.

13Documents chief executive must or may keep on website

(1)The chief executive must keep on the department’s website—

(a)a document stated in section 11(1)(a) to (e), (g), (i), (j), (k) to (n), (r) or (v); and

(b)a document stated in section 12(a) or (b); and

(c)each notice and amended notice given to a local government under section 18(3) of the Act; and

(d)a proposed call in notice given by the Minister.

Note—

See also section 70(1) of the Act.

(2)A proposed State planning instrument, or amendment of a State planning instrument, stated in section 11(1)(b) must be kept on the department’s website for the period stated in section 11(2).

(3)The obligation under subsection (1)(d) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application.

(4)The chief executive may keep on the department’s website—

(a)any notice given by the Minister to a local government under section 27(2) of the Act; or

(b)a document stated in section 11(1)(o) or (r) to (u); or

(c)a document stated in section 12(c) to (f); or

(d)a call in notice given by the Minister.

14Prescribed documents

The following documents are prescribed for section 264(6) of the Act—

(a)for a local government—a document stated in section 1(1)(ze) to (zj);

(b)for an assessment manager—

(i)the supporting material for a development application or change application; and

(ii)a document stated in section 5(2)(a); and

(iii)the assessment manager’s application register.

section 71

1Limited planning and development certificates

A limited planning and development certificate for premises must include—

(a)a summary of the provisions of any planning scheme or charges resolution applying specifically to the premises; and

(b)if a TLPI applies to the premises and suspends or otherwise affects the operation of a planning scheme provision stated in paragraph (a)—a description of the way in which the TLPI suspends or otherwise affects the provision; and

(c)if a variation approval is in effect for the premises—a description of the way in which the variation approval varies the effect of a planning scheme provision stated in paragraph (a); and

(d)if a State planning instrument applies to the premises—the name of the instrument; and

(e)a description of any designation applying to the premises; and

(f)a copy of any information recorded for the premises in the infrastructure charges register kept by the local government.

2Standard planning and development certificates

(1)A standard planning and development certificate for premises, in addition to the information contained in a limited planning and development certificate, must include or be accompanied by—

(a)a copy of every decision notice or negotiated decision notice for a development approval in effect for the premises; and

(b)details of any changes made to a development approval in effect for the premises; and

(c)details of any approval given to extend the currency period of a development approval in effect for the premises; and

(d)a copy of every deemed approval notice relating to the premises, if the development approval that the notice relates to has not lapsed; and

(e)a copy of every continuing approval stated in the repealed IPA, section 6.1.23(1)(a) to (d) relating to, and in effect for, the premises, including any approval, consent or permission that, under the repealed LGP&E Act, section 8.10(8) was continued in effect as if it were an approval, consent or permission stated in the repealed IPA, section 6.1.23(1)(a) to (d); and

(f)details of any decision to approve or refuse an application to amend a planning scheme made under the repealed LGP&E Act, section 4.3, including any conditions of approval, relating to the premises; and

(g)a copy of every compliance certificate given under the old Act relating to the premises and in effect at the time the standard planning and development certificate is given, including any changes made to the compliance certificate; and

(h)a copy of any exemption certificate for development on the premises given by the local government under section 46 of the Act, including—

(i)the day the certificate was given; and

(ii)if the certificate is no longer in effect for the premises—the day it stopped having effect; and

(i)a copy of any judgment or order of the P&E Court, a tribunal or a building and development dispute resolution committee under the old Act, about—

(i)a development approval in effect for the premises; or

(ii)a condition included in a compliance certificate in effect for the premises; and

(j)a copy of any agreement that the local government is a party to about a development condition of a development approval in effect for the premises; and

(k)a copy of any agreement that a referral agency is a party to about a development condition of a development approval in effect for the premises, if the local government has been given a copy of the agreement; and

(l)a copy of any infrastructure agreement applying to the premises that the local government—

(i)is a party to; or

(ii)has received a copy of under section 153 of the Act; and

(m)a description of each amendment, proposed to be made by the local government to its planning scheme, that has not yet been made at the time the certificate is given; and

(n)if the premises are within a declared master planned area—

(i)a copy of each master plan (a current master plan) applying to the premises that continues to have effect under section 315 of the Act; and

(ii)a copy of each notice of decision or negotiated decision given under the old Act about a master plan application under that repealed Act for a current master plan; and

(iii)a copy of any judgement or order of the P&E Court or a building and development committee under the old Act about a condition included in a current master plan; and

(o)a copy of any decision notice given for a change application made under section 317 of the Act to change a rezoning condition that applies to the premises.

(2)In this section—

declared master planned area means an area identified as a master planned area in a master planned area declaration.

master planned area declaration means a declaration made under the old Act, section 133, as in force before the commencement of the Sustainable Planning and Other Legislation Amendment Act (No. 2) 2012, section 29.

sch 23 s 2 amd 2017 SL No. 141 ss 13, 23

3Full planning and development certificates

(1)A full planning and development certificate for premises, in addition to the information contained in a limited and standard planning and development certificate, must include or be accompanied by—

(a)if a relevant approval for the premises includes conditions (including conditions about the carrying out of works or the payment of money, other than under an infrastructure agreement) imposed, or required to be imposed, by the local government—a statement about the fulfilment or non-fulfilment of each condition, at a stated day after the day the certificate was applied for; and

(b)if an infrastructure agreement applies to the premises and the local government is a party to the agreement—

(i)details of the nature and extent of any obligations under the agreement that have not been fulfilled; and

(ii)details of any security required under the agreement, including whether any payment required to be made under the security has been made; and

(c)details of any prosecution, or proceedings for a prosecution, for a development offence under the Act, the old Act or the repealed IPA relating to the premises that the local government is aware of.

(2)However—

(a)subsection (1)(a) does not apply in relation to a condition of a relevant approval if the condition relates to the ongoing use of the premises; and

(b)the applicant may request that a full planning and development certificate be given without the information normally contained in a limited or standard planning and development certificate.

(3)In this section—

relevant approval, for premises, means—

(a)a development approval in effect for the premises; or

(b)a master plan applying to the premises that continues to have effect under section 315 of the Act.

section 3

accepted development vegetation clearing code see the Vegetation Management Act, section 19O(1) and (2).

accepted failure impact assessment, for a dam, means a failure impact assessment of the dam that has been accepted under the Water Supply Act, section 349.

accepted operational work, for a material change of use or reconfiguring a lot, means operational work that—

(a)is the clearing of native vegetation—

(i)for essential management; or

(ii)for routine management; or

(iii)on freehold land, or land leased under the Land Act, if the clearing is necessary for prescribed building work; and

(b)would be assessable development under schedule 10, part 3, division 2, section 5 if it were carried out on the lot immediately before the material change of use or reconfiguration happened, but because of the material change of use or reconfiguration is exempt clearing work.

accommodation activity means—

(a)caretaker’s accommodation; or

(b)a community residence; or

(c)a dual occupancy; or

(d)a dwelling house; or

(e)a dwelling unit; or

(f)a home-based business; or

(g)a multiple dwelling; or

(h)nature-based tourism; or

(i)non-resident workforce accommodation; or

(j)a relocatable home park; or

(k)a residential care facility; or

(l)a resort complex; or

(m)a retirement facility; or

(n)rooming accommodation; or

(o)rural workers’ accommodation; or

(p)short-term accommodation; or

(q)a tourist park.

adjoining premises means premises that share a common boundary, including premises that meet at a single point on a common boundary.

adult store means the use of premises for the primary purpose of displaying or selling—

(a)sexually explicit materials; or

(b)products and devices that are associated with, or used in, a sexual practice or activity.

sch 24 def adult store ins 2017 SL No. 141 s 24 (1)

advertising device—

(a)means a permanent sign, structure or other device used, or intended to be used, for advertising; and

(b)includes a structure, or part of a building, the primary purpose of which is to support the sign, structure or device.

aggregate environmental score, for an environmentally relevant activity, see the Environmental Protection Regulation, section 13.

sch 24 def aggregate environmental score amd 2019 SL No. 155 s 220 (1)

agricultural supplies store means the use of premises for the sale of agricultural supplies and products.

Examples of agricultural supplies and products—

animal feed, bulk veterinary supplies, chemicals, farm clothing, fertilisers, irrigation materials, saddlery, seeds

aid to navigation see the Marine Safety Act, section 104.

Airport Assets Act means the Airport Assets (Restructuring and Disposal) Act 2008.

airport land see the Airport Assets Act, section 7.

air service means the use of premises for—

(a)the arrival or departure of aircraft; or

(b)housing, servicing, refuelling, maintaining or repairing aircraft; or

(c)the assembly and dispersal of passengers or goods on or from an aircraft; or

(d)training and education facilities relating to aviation; or

(e)aviation facilities; or

(f)an activity that—

(i)is ancillary to an activity or facility stated in paragraphs (a) to (e); and

(ii)directly services the needs of aircraft passengers.

Examples of an air service—

airport, air strip, helipad

air transport infrastructure see the Transport Infrastructure Act, schedule 6.

alternative solution see the Building Act, schedule 2.

ancillary works and encroachments see the Transport Infrastructure Act, schedule 6.

animal husbandry means the use of premises for—

(a)producing animals or animal products on native or improved pastures or vegetation; or

(b)a yard, stable, temporary holding facility or machinery repairs and servicing, if the use is ancillary to the use in paragraph (a).

Examples of animal husbandry—

cattle stud, grazing of livestock, non-feedlot dairy

animal keeping means the use of premises for—

(a)boarding, breeding or training animals; or

(b)a holding facility or machinery repairs and servicing, if the use is ancillary to the use in paragraph (a).

Examples of animal keeping—

aviary, cattery, kennel, stables, wildlife refuge

application register means a register that includes the following information for each application that must be recorded in the register—

(a)if the application was made to a chosen assessment manager—the name and contact details of the chosen assessment manager;

(b)the name and address of the applicant;

(c)the day the application was made;

(d)a property description that identifies the premises or the location of the premises;

(e)if the application was a development application—the type of development applied for;

(f)if the application was a change application—a description of the change applied for;

(g)the names of any referral agencies;

(h)whether the application required code assessment or impact assessment, or both code assessment and impact assessment;

(i)whether public notification of the application was required;

(j)whether the application lapsed or was withdrawn or decided;

(k)if the application was decided—

(i)the day it was decided; and

(ii)whether the application was approved, approved subject to conditions or refused; and

(iii)whether the application was taken to have been approved under section 64 of the Act; and

(iv)for an application approved subject to conditions—whether any of the conditions included the conditions of a referral agency, and if so, the name of the referral agency; and

(v)whether a negotiated decision notice was also given for the application and if so, the day it was given; and

(vi)if the application was a development application that was approved—whether a later change application or extension application for the approval has been approved and, if so, the day the application was approved; and

(vii)if there was an appeal about the decision—whether the decision was changed because of the outcome of the appeal;

(l)if an approval for the application has been cancelled—the day the cancellation took effect.

aquaculture see the Fisheries Act, schedule 1.

sch 24 def aquaculture amd 2019 SL No. 71 s 59 sch 1

area of koala habitat value means an area in the SEQ region shown as any of the following on a map of koala habitat values—

(a)high value other;

(b)medium value other;

(c)low value other.

area unsuitable for koalas means an area in the SEQ region shown as generally not suitable on a map of koala habitat values.

artificial waterway see the Coastal Act, section 8.

assessable development area means an area shown as either of the following on a map of assessable development areas—

(a)a koala assessable development area;

(b)a priority koala assessable development area.

associated primary industry activity—

(a)means the use of premises for an activity that is associated with 1 or more of the following uses carried out on the same premises or other premises in the surrounding area—

(i)animal husbandry;

(ii)animal keeping;

(iii)aquaculture;

(iv)cropping;

(v)an extractive industry;

(vi)an intensive animal industry;

(vii)intensive horticulture;

(viii)a permanent plantation;

(ix)a rural industry;

(x)a winery; but

Example for paragraph (a)—

the use of premises for storing vehicles that are used for a permanent plantation on adjoining premises

(b)does not include—

(i)a biotechnology industry; or

(ii)a community activity; or

(iii)indoor recreation; or

(iv)residential development; or

(v)a sport and recreation activity; or

(vi)a tourist activity.

sch 24 def associated primary industry activity ins 2017 SL No. 141 s 14 (2)

authorised electricity entity means an electricity entity authorised, or taken to be authorised, under the Electricity Act, section 116(1), to acquire land.

bar means the use of premises, with seating for 60 or less people, for—

(a)selling liquor for consumption on the premises; or

(b)an entertainment activity, or preparing and selling food and drink for consumption on the premises, if the use is ancillary to the use in paragraph (a).

basement means a space—

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

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

biotechnology industry means the use of premises for the production of fuel, chemicals, plastic or other materials using, wholly or mainly, a product, waste product or by-product from a rural activity or utility installation.

sch 24 def biotechnology industry ins 2017 SL No. 141 s 14 (2)

Brisbane core port land see the Transport Infrastructure Act, section 283K.

Brisbane port LUP means the plan, approved under the Transport Infrastructure Act, chapter 8, part 3C, that regulates development on Brisbane core port land.

brothel see the Prostitution Act 1999, schedule 4.

budget accommodation building see the Building Act, section 216.

Building Regulation means the Building Regulation 2006.

bulk landscape supplies means the use of premises for the bulk storage and sale of mainly non-packaged landscaping and gardening supplies, including, for example, soil, gravel, potting mix or mulch.

bushland habitat area means an area in the SEQ region shown as any of the following on a map of koala habitat values—

(a)high value bushland;

(b)medium value bushland;

(c)low value bushland.

busway corridor means—

(a)land on which busway transport infrastructure is situated; or

(b)land on which busway transport infrastructure works are carried out; or

(c)land on which services for the maintenance or operation of busway transport infrastructure are situated.

busway transport infrastructure see the Transport Infrastructure Act, schedule 6.

busway transport infrastructure works see the Transport Infrastructure Act, schedule 6.

caretaker’s accommodation means the use of premises for a dwelling for a caretaker of a non-residential use on the same premises.

category 1 failure impact rating see the Water Supply Act, schedule 3.

category 2 failure impact rating see the Water Supply Act, schedule 3.

category 2 levee see the Water Regulation, section 101(3).

category 3 levee see the Water Regulation, section 101(4).

category A area means an area shown on the regulated vegetation management map or a PMAV as a category A area.

category B area means an area shown on the regulated vegetation management map or a PMAV as a category B area.

category C area means an area shown on the regulated vegetation management map or a PMAV as a category C area.

category R area means an area shown on the regulated vegetation management map or a PMAV as a category R area.

category X area means an area shown on the regulated vegetation management map or a PMAV as a category X area.

cemetery means the use of premises for the interment of bodies or ashes after death.

change of use, for schedule 5A, see schedule 5A, part 1, section 1.

sch 24 def change of use ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

chief executive (environment) means the chief executive of the department in which the Environmental Protection Act is administered.

chief executive (fisheries) means the chief executive of the department in which the Fisheries Act is administered.

chief executive (housing) means the chief executive of the housing department.

chief executive (transport) means the chief executive of the department in which the Transport Infrastructure Act is administered.

childcare centre means the use of premises for the care, education and minding, but not residence, of children.

Examples of a childcare centre—

before or after school care, crèche, early childhood centre, kindergarten, vacation care

class, for a building or structure, means the classification for the building or structure under the Building Code.

club means the use of premises for—

(a)an association established for social, literary, political, sporting, athletic or other similar purposes; or

(b)preparing and selling food and drink, if the use is ancillary to the use in paragraph (a).

coastal dune means a ridge or hillock of sand or other material—

(a)on the coast; and

(b)built up by wind.

coastal management see the Coastal Act, section 11.

coastal management district means a coastal management district under the Coastal Act, other than an area declared under section 54(2) of that Act.

Coastal Regulation means the Coastal Protection and Management Regulation 2017.

sch 24 def Coastal Regulation sub 2017 SL No. 138 s 20

commercial character building, for schedule 5A, see schedule 5A, part 1, section 1.

sch 24 def commercial character building ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

commercial use includes the use of premises for selling goods or providing a service to the public.

Examples of a commercial use—

food and drink outlet, health care service, office, shop

common material, for a development application, means—

(a)all the material about the application that the assessment manager receives before the application is decided, including—

(i)any material relating to a proposed development application that is substantially similar to the development application as made; and

(ii)any material attached to, or given with, the development application; and

(iii)any material relating to the application given to the assessment manager after the application is made; and

(iv)any referral agency’s response, including any advice or comment given by a referral agency and any response given under section 57 of the Act; and

(v)any properly made submissions about the application, other than a submission that is withdrawn; and

(vi)any other submission about the application that the assessment manager has accepted; and

(vii)any other advice or comment about the application that a person gives to the assessment manager; and

(b)if a development approval for the development is in effect—the approval; and

(c)an infrastructure agreement applying to the premises.

community activity means—

(a)a childcare centre; or

(b)a community care centre; or

(c)a community residence; or

(d)a community use; or

(e)a detention facility; or

(f)an educational establishment; or

(g)a place of worship; or

(h)a residential care facility; or

(i)tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (i); or

(j)a commercial use that is ancillary to a use stated in paragraphs (a) to (i).

sch 24 def community activity sub 2017 SL No. 141 s 14 (1)–(2)

amd 2017 SL No. 222 s 4 (2)–(4); 2019 SL No. 104 s 18 (1)–(2)

community care centre—

(a)means the use of premises for—

(i)providing social support to members of the public; or

(ii)providing medical care to members of the public, if the use is ancillary to the use in subparagraph (i); but

(b)does not include the use of premises for providing accommodation to members of the public.

Examples of a community care centre—

disability support service, drop-in centre, respite centre, indigenous support centre

community residence—

(a)means the use of premises for residential accommodation for—

(i)no more than—

(A)6 children, if the accommodation is provided as part of a program or service under the Youth Justice Act 1992; or

(B)6 persons who require assistance or support with daily living needs; and

(ii)no more than 1 support worker; and

(b)includes a building or structure that is reasonably associated with the use in paragraph (a).

sch 24 def community residence amd 2017 SL No. 222 s 4 (5)

community use means the use of premises for—

(a)providing artistic, social or cultural facilities or community services to the public; or

(b)preparing and selling food and drink, if the use is ancillary to the use in paragraph (a).

Examples of a community use—

art gallery, community centre, community hall, library, museum

concurrence ERA see the Environmental Protection Regulation, section 15.

sch 24 def concurrence ERA amd 2019 SL No. 155 s 220 (2)

constructing authority see the Acquisition Act, schedule 2.

container, in relation to the container refund scheme, see the Waste Reduction and Recycling Act 2011, section 99M.

sch 24 def container ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

container refund depot means the use of premises for the collection, receiving, sorting, counting, aggregating, storing, handling, distributing, crushing, compounding or transferring of containers for the container refund scheme.

sch 24 def container refund depot ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

container refund drop off means the collection, receiving, sorting, counting, aggregating, storing, handling or transferring of containers for the container refund scheme.

sch 24 def container refund drop off ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

container refund scheme see the Waste Reduction and Recycling Act 2011, schedule.

sch 24 def container refund scheme ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

contaminated land see the Environmental Protection Act, schedule 4.

contaminated land register means the contaminated land register under the Environmental Protection Act.

coordinated project see the State Development Act, schedule 2.

core airport infrastructure see the Airport Assets Act, schedule 3.

correctional facility means—

(a)a detention centre under the Youth Justice Act 1992; or

(b)a corrective services facility under the Corrective Services Act 2006.

created lot see schedule 12, section 1(1)(b).

crematorium means the use of premises for the cremation or aquamation of bodies.

cropping means the use of premises for—

(a)growing and harvesting plants, or plant material, that are cultivated in soil, for commercial purposes; or

(b)harvesting, storing or packing plants or plant material grown on the premises, if the use is ancillary to the use in paragraph (a); or

(c)repairing and servicing machinery used on the premises, if the use is ancillary to the use in paragraph (a).

Examples of cropping—

forestry for wood production, fodder and pasture production, producing fruit, nuts, vegetables and grains, plant fibre production, sugar cane growing, vineyard

dam—

(a)generally, has the meaning given by the Water Act, schedule 4; and

(b)

for schedule 8, schedule 10, part 19, division 3 and this schedule, definition accepted failure impact assessment—

(i)has the meaning given by the Water Supply Act, schedule 3; and

(ii)includes a proposed dam.

declared fish habitat area see the Fisheries Act, schedule 1.

sch 24 def declared fish habitat area amd 2019 SL No. 71 s 59 sch 1

declared master planned area ...

sch 24 def declared master planned area om 2017 SL No. 141 s 14 (1)

declared pest means a plant, other than a native species of plant, that is any of the following under the Biosecurity Act 2014—

(a)invasive biosecurity matter;

Note—

For invasive biosecurity matter under the Biosecurity Act 2014 see—

1the Biosecurity Act 2014, schedule 1, part 3 or 4 or schedule 2, part 2; and

2the note to the Biosecurity Act 2014, schedules 1 and 2.

(b)controlled biosecurity matter;

(c)regulated biosecurity matter.

defined flood level see the Building Regulation, section 13(5).

defining bank, of a watercourse, means—

(a)the bank that confines the seasonal flows of the watercourse before the point of flooding; or

(b)the seasonal high water line.

designation register means a register that includes the following information for each designation that must be recorded in the register—

(a)the day the designation was made;

(b)the real property description of the designated premises;

(c)the type of infrastructure, and details of the development, for which the premises has been identified;

(d)any requirements for the infrastructure that are included in the designation;

(e)if the designation has been amended—the day the amendment was made.

detention facility means the use of premises for the lawful detention of persons.

Example of a detention facility—

correctional facility

development footprint, on premises, means the total area of the premises covered by a building, structure or landscaping.

domestic housing activity means the construction or use of a single dwelling on a lot and any reasonably associated building or structure.

Examples of a building or structure that could be reasonably associated with a single dwelling—

a building or structure used for a home-based business, a secondary dwelling

domestic outbuilding means a non-habitable class 10a building that is—

(a)a shed, garage or carport; and

(b)ancillary to a residential use carried out on the premises where the building is.

dual occupancy—

(a)means a residential use of premises for 2 households involving—

(i)2 dwellings (whether attached or detached) on a single lot or 2 dwellings (whether attached or detached) on separate lots that share a common property; and

(ii)any domestic outbuilding associated with the dwellings; but

(b)does not include a residential use of premises that involves a secondary dwelling.

dwelling means all or part of a building that—

(a)is used, or capable of being used, as a self-contained residence; and

(b)contains—

(i)food preparation facilities; and

(ii)a bath or shower; and

(iii)a toilet; and

(iv)a wash basin; and

(v)facilities for washing clothes.

dwelling house means a residential use of premises involving—

(a)1 dwelling for a single household and any domestic outbuildings associated with the dwelling; or

(b)1 dwelling for a single household, a secondary dwelling and any domestic outbuildings associated with either dwelling.

dwelling unit means the use of premises containing a non-residential use for a single dwelling, other than a dwelling for a caretaker of the non-residential use.

Economic Development Act means the Economic Development Act 2012.

educational establishment means the use of premises for—

(a)training and instruction to impart knowledge and develop skills; or

(b)student accommodation, before or after school care, or vacation care, if the use is ancillary to the use in paragraph (a).

Examples of an educational establishment—

college, outdoor education centre, primary school, secondary school, special education facility, technical institute, university

Electrical Safety Act means the Electrical Safety Act 2002.

Electricity Act means the Electricity Act 1994.

electricity operating works means operating works under the Electricity Act, section 12(3).

emergency services means the use of premises by a government entity or community organisation to provide—

(a)essential emergency services; or

(b)disaster management services; or

(c)management support facilities for the services.

Examples of emergency services—

ambulance station, evacuation centre, fire station, police station

endangered regional ecosystem see the Vegetation Management Act, schedule.

environmental authority means an environmental authority under the Environmental Protection Act.

environmentally relevant activity see the Environmental Protection Act, section 18.

environmental management register means the environmental management register under the Environmental Protection Act.

Environmental Protection Regulation means the Environmental Protection Regulation 2019.

sch 24 def Environmental Protection Regulation sub 2019 SL No. 155 s 220 (3)

environmental value see the Environmental Protection Act, section 9.

environment facility—

(a)means the use of premises for a facility for the appreciation, conservation or interpretation of an area of cultural, environmental or heritage value; but

(b)does not include the use of premises to provide accommodation for tourists and travellers.

erosion prone area see the Coastal Act, schedule.

essential habitat, for protected wildlife, see the Vegetation Management Act, section 20AC(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 equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; 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 to reduce hazardous fuel load; or

(e)necessary to maintain infrastructure (including core airport infrastructure, buildings, fences, helipads, roads, stockyards, vehicular tracks, watering facilities and constructed drains, other than contour banks), unless the clearing is for sourcing 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 leased under the Land Act for agriculture or grazing purposes, to source construction timber to repair infrastructure on the land, if—

(i)the infrastructure is in need of immediate repair; and

(ii)the clearing does not cause land degradation; and

(iii)restoration of a similar type to, and to the extent of, the removed trees is ensured; or

(h)on freehold land by the owner of the land to source construction timber to maintain infrastructure on any land of the owner, if—

(i)the clearing does not cause land degradation; and

(ii)restoration of a similar type to, and to the extent of, the removed trees is ensured.

excluded area, for schedule 10, part 9, division 4, subdivision 1, means the part of the local government area of the Brisbane City Council or the Gold Coast City Council that is shown as being in the threshold exemption areas layer in the department’s development assessment mapping system published on the department’s website.

excluded development means development—

(a)on premises in an SEQ rural enterprise precinct, if the development is consistent with the plan approved by the Minister by gazette notice for the precinct; or

(b)carried out under a development permit, or that is consistent with a variation approval in effect for the premises on which the development is carried out, if the application for the permit or approval—

(i)was properly made under the repealed IPA before 28 July 2009; or

(ii)was assessed by a referral agency under the repealed SEQ SPRP, division 2; or

(iii)was assessed by a referral agency under schedule 10, part 15, division 1 or division 2, subdivision 3; or

(c)that is consistent with a rezoning approval, as defined under the repealed SEQ SPRP, that relates to the premises on which the development is carried out, if the development entitlements under the rezoning approval are reflected in—

(i)a planning scheme; or

(ii)a development permit; or

(ii)a notice stated in the repealed SEQ SPRP, section 1.5(2)(e)(ii); or

(d)stated in schedule 6; or

(e)for a coordinated project; or

(f)in a State development area; or

(g)on premises wholly or partly in the SEQ regional landscape and rural production area or the SEQ rural living area, if—

(i)the premises are included in an urban zone under a local categorising instrument; or

(ii)all of the following apply—

(A)the premises were in a biodiversity development offset area declared by gazette notice under the repealed koala State planning policy;

(B)the development is carried out under a development permit;

(C)the application for the development permit was properly made before 22 February 2019.

sch 24 def excluded development sub 2017 SL No. 141 s 14 (1)–(2)

amd 2019 SL No. 6 s 4

excluded material change of use means a material change of use of premises that—

(a)does not involve a 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;

(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 a service station, fast food outlet, telecommunication facility or use stated in subparagraph (i), and all of the following apply—

(A)the premises have a gross floor area of no more than 100m² 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 building work that is wholly inside a building;

(C)if the material change of use involves building or extending a hardstanding area—the hardstanding area or extension is not more than 25m².

exempt clearing work means operational work that is the clearing of native vegetation—

(a)on prescribed land, if the clearing is—

(i)clearing, or for another activity or matter, stated in schedule 21, part 1; or

(ii)clearing stated in schedule 21, part 2 for the land; or

(b)that, under the Vegetation Management Act, section 74, is not affected by that Act.

exempted development means—

(a)development for a coordinated project; or

(b)development in a State development area; or

(c)development in the area of a development control plan that the old Act, section 857 applies to; or

(d)development for infrastructure stated in schedule 5, if the development is carried out by or for the State or a public sector entity; or

(e) development that results in—

(i)a total area of 500m2 or less being cleared of native vegetation; or

(ii)a development footprint of 500m2 or less; or

(iii)a total area of 5,000m2 or less of gravel, rock or sand being extracted; or

(iv)a total area of 5,000m2 or less being excavated or filled.

sch 24 def exempted development amd 2018 SL No. 91 s 22 (2)

exemption certificate register, for a local government or the chief executive, means a register that includes the following information for each exemption certificate given by the person under section 46 of the Act—

(a)the day the certificate was given;

(b)the real property description of the premises the certificate applies to;

(c)the name of the person the certificate was given to;

(d)the development for which a development approval is not required;

(e)whether the exemption certificate is in effect and, if not, the day the certificate stopped having effect.

exempt material change of use means a material change of use of premises—

(a)for—

(i)an air service; or

(ii)an associated primary industry activity; or

(iii)caretaker’s accommodation; or

(iv)a cemetery; or

(v)a crematorium; or

(vi)a dual occupancy, if both dwellings are on a single lot; or

(vii)a dwelling house; or

(viii)a dwelling unit; or

(ix)emergency services; or

(x)an environment facility; or

(xi)an extractive industry; or

(xii)a landing; or

(xiii)major electricity infrastructure; or

(xiv)a park; or

(xv)a renewable energy facility other than a facility for generating electricity or energy from a source of bioenergy; or

(xvi)a rural activity; or

(xvii)a substation; or

(xviii)a telecommunications facility; or

(xix)a utility installation other than a transport service; or

(xx)a wind farm; or

(b)that is consistent with a development approval in effect for the premises, if the application for the approval was assessed by a referral agency under schedule 10, part 16.

sch 24 def exempt material change of use ins 2017 SL No. 141 s 14 (2)

exempt subdivision means a subdivision that—

(a)is excluded development; or

(b)does not create a new lot; or

(c)creates only 1 new lot, if the new lot is to be used for—

(i)a cemetery; or

(ii)a crematorium; or

(iii)a detention facility; or

(iv)emergency services; or

(v)an environment facility; or

(vi)major electricity infrastructure; or

(vii)a park; or

(viii)a renewable energy facility; or

(ix)a substation; or

(x)a telecommunications facility; or

(xi)a utility installation other than a transport service; or

(d)divides 1 lot into 2 lots, if—

(i)the divided lot is severed by a road that was gazetted before 2 March 2006 or a State-controlled road; and

(ii)the road forms the whole of the boundary between the lots; or

(e)is consistent with a material change of use approved under a development approval that applies to the lot being subdivided, if the application for the development approval was properly made under the repealed IPA before 31 October 2006; or

(f)is stated in an application for a development approval for a material change of use to be necessary for the material change of use, if—

(i)a development approval was given for the material change of use and is in effect; and

(ii)either—

(A)the material change of use was assessed by a referral agency under schedule 10, part 16; or

(B)the material change of use was assessed by a referral agency under the repealed SEQ SPRP, division 2.1 as complying with the assessment criteria stated in the division for the material change of use.

sch 24 def exempt subdivision ins 2017 SL No. 141 s 14 (2)

existing levee see the Water Act, section 1247(2).

extractive industry means the use of premises for—

(a)extracting or processing extractive resources; and

(b)any related activities, including, for example, transporting the resources to market.

failure impact assessed means failure impact assessed under the Water Supply Act, section 343.

failure impact assessment see the Water Supply Act, section 342(1).

fast-track development means development that meets the criteria stated in the State development assessment provisions for fast-track development.

Fire and Emergency Services Act means the Fire and Emergency Services Act 1990.

fire safety management plan see the Fire and Emergency Services Act, section 104FC.

fire safety system see the Building Code, volume 1, part A1.1.

Fisheries Act means the Fisheries Act 1994.

Fisheries Regulation ...

sch 24 def Fisheries Regulation om 2019 SL No. 179 s 152 sch 12

flood hazard area means a flood hazard area designated by a local government under the Building Regulation, section 13(1)(a).

Flying Start for Queensland Children program means the program established by the State in June 2011 that—

(a)provides funding for new educational facilities and refurbishments in schools; and

(b)is known as the ‘Transition of Year 7, from the last year of primary schooling to the first year of secondary schooling, as outlined in the Education White Paper - A Flying Start for Queensland Children’.

food and drink outlet means the use of premises for—

(a)preparing and selling food and drink for consumption on or off the premises; or

(b)providing liquor for consumption on the premises, if the use is ancillary to the use in paragraph (a).

Examples of a food and drink outlet—

cafe, coffee shop, drive-through facility, kiosk, milk bar, restaurant, snack bar, takeaway shop, tearoom

forest practice see the Vegetation Management Act, schedule.

Forestry Act means the Forestry Act 1959.

freehold land see the Vegetation Management Act, schedule.

function facility means the use of premises for—

(a)receptions or functions; or

(b)preparing and providing food and liquor for consumption on the premises as part of a reception or function.

funeral parlour—

(a)means the use of premises for—

(i)arranging and conducting funerals, memorials and other similar events; or

(ii)a mortuary; or

(iii)storing and preparing bodies for burial or cremation; but

(b)does not include the use of premises for the burial or cremation of bodies.

future busway corridor means land identified in a guideline made under the Transport Planning Act, section 8E as a future transport corridor for—

(a)busway transport infrastructure; or

(b)busway transport infrastructure works.

future light rail corridor means land identified in a guideline made under the Transport Planning Act, section 8E as a future transport corridor for—

(a)light rail transport infrastructure; or

(b)light rail transport infrastructure works.

future railway corridor means—

(a)land identified in a guideline made under the Transport Planning Act, section 8E as a future transport corridor for—

(i)rail transport infrastructure; or

(ii)other rail infrastructure; or

(iii)railway works; or

(b)future railway land.

future railway land see the Transport Infrastructure Act, section 242.

future State-controlled road means a road or land that the chief executive (transport) has, by notice given to a local government and published in the gazette under the Transport Infrastructure Act, section 42, stated is intended to become a State-controlled road.

future State-controlled transport tunnel means a tunnel that forms part of a future State transport corridor.

future State transport corridor means—

(a)a future busway corridor; or

(b)a future light rail corridor; or

(c)a future railway corridor; or

(d)a future State-controlled road.

garden centre means the use of premises for—

(a)selling plants; or

(b)selling gardening and landscape products and supplies that are mainly in pre-packaged form; or

(c)a food and drink outlet that is ancillary to the use in paragraph (a).

Gold Coast waters see the Gold Coast Waterways Authority Act 2012, section 7(1).

Gold Coast Waterways Authority means the Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012.

government supported transport infrastructure means infrastructure for transport that is for public use and is—

(a)funded, wholly or partly, by the State or Commonwealth; or

(b)provided by a person, other than under a development approval or infrastructure agreement, on conditions that—

(i)are agreed to by the Government; and

(ii)are intended to support the commercial viability of the infrastructure.

gross floor area, for a building, means the total floor area of all storeys of the building, 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, plant or equipment; or

(b)access between levels; or

(c)a ground floor public lobby; or

(d)a mall; or

(e)parking, loading or manoeuvring vehicles; or

(f)unenclosed private balconies, whether roofed or not.

ground level means—

(a)the level of the natural ground; or

(b)if the level of the natural ground has changed, the level as lawfully changed.

hardware and trade supplies means the use of premises for selling, displaying or hiring hardware and trade supplies, including, for example, house fixtures, timber, tools, paint, wallpaper or plumbing supplies.

hazardous chemical facility means the use of premises for a facility at which a prescribed hazardous chemical is present or likely to be present in a quantity that exceeds 10% of the chemical’s threshold quantity under the Work Health and Safety Regulation, schedule 15.

health care service means the use of premises for medical purposes, paramedical purposes, alternative health therapies or general health care, if overnight accommodation is not provided on the premises.

Examples of a health care service—

dental clinic, medical centre, physiotherapy clinic

highest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.

high impact earthworks—

(a)means operational work that changes the form of land, or involves placing a structure on land, in a way that diverts water to or from a wetland in a wetland protection area and involves excavating or filling—

(i)if the work is carried out in the wetland or within 200m of the wetland—more than 100m³; or

(ii)otherwise—more than 1,000m³; but

(b)does not include operational work—

(i)that is 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

(ii)to maintain dams, fences, helipads, roads, stockyards, vehicular tracks or watering facilities; or

(iii)to alter, maintain, repair, replace, rehabilitate, remove or service government supported transport infrastructure; or

(iv)to take preventative or remedial action in relation to government supported transport infrastructure; or

(v)to maintain systems and services relating to government supported transport infrastructure; or

(vi)in tidal water; or

(vii)for a forest practice; or

(viii)to reinstate earthworks destroyed by floods or landslides; or

(ix)to restore or conserve the ecological processes or hydrological functions of a wetland protection area; or

(x)to laser level land without change to the previously levelled contours or slopes; or

(xi)for government supported transport infrastructure for which the funding and construction arrangements were approved by the State or Commonwealth before 31 October 2011; or

(xii)carried out under the Electricity Act, section 101 or 112A; or

(xiii)carried out under the Fire and Emergency Services Act, section 53, 68 or 69; or

(xiv)carried out under a geothermal exploration permit under the Geothermal Energy Act 2010; or

(xv)that is completely or partly in a declared fish habitat area, if the work is prescribed assessable development; or

(xvi)that is constructing or raising waterway barrier works, if the work is accepted development under schedule 7, part 3, section 6.

high impact industry means the use of premises for an industrial activity—

(a)that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and

(b)that a local planning instrument applying to the premises states is a high impact industry; and

(c)that complies with any thresholds for the activity stated in a local planning instrument applying to the premises, including, for example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.

high-risk waterway means a waterway shown in the waterways spatial data layer as a high-risk waterway.

high value agriculture clearing ...

sch 24 def high value agriculture clearing om 2018 SL No. 56 s 12

high value rehabilitation habitat area means an area in the SEQ region shown as high value rehabilitation on a map of koala habitat values.

home-based business means the use of a dwelling or domestic outbuilding on premises for a business activity that is subordinate to the residential use of the premises.

hospital means the use of premises for—

(a)the medical or surgical care or treatment of patients, whether or not the care or treatment requires overnight accommodation; or

(b)providing accommodation for patients; or

(c)providing accommodation for employees, or any other use, if the use is ancillary to the use in paragraph (a) or (b).

hotel—

(a)means the use of premises for—

(i)selling liquor for consumption on the premises; or

(ii)a dining or entertainment activity, or providing accommodation to tourists or travellers, if the use is ancillary to the use in subparagraph (i); but

(b)does not include a bar.

household means 1 or more individuals who—

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

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

housing department means the department in which the Housing Act 2003 is administered.

identified koala broad-hectare area means either of the following areas, if a local planning instrument contains provisions facilitating the development of the area for urban purposes—

(a)an area shown on an identified koala broad-hectare area map as an identified koala broad-hectare area;

(b)an area that is an assessable development area and identified in a gazette notice by the Minister as an identified koala broad-hectare area.

identified koala broad-hectare area map means each of the following maps, dated 31 May 2010 and published by the department in which the Nature Conservation Act 1992, part 5, is administered—

(a)identified koala broad-hectare area—01 Oxley Wedge;

(b)identified koala broad-hectare area—02 Rochedale;

(c)identified koala broad-hectare area—03 Coomera;

(d)identified koala broad-hectare area—04 Ripley Valley;

(e)identified koala broad-hectare area—05 Kinross Road;

(f)identified koala broad-hectare area—06 South East Thornlands;

(g)identified koala broad-hectare area—07 Palmview.

indigenous land see the Vegetation Management Act, schedule.

indoor recreation means—

(a)a food and drink outlet; or

(b)a hotel; or

(c)indoor sport and recreation; or

(d)a major sport, recreation and entertainment facility at which events are carried out mainly indoors; or

(e)tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (d); or

(f)a commercial use that is ancillary to a use stated in paragraphs (a) to (d).

sch 24 def indoor recreation sub 2017 SL No. 141 s 14 (1)–(2)

indoor sport and recreation means the use of premises for a leisure, sport or recreation activity conducted wholly or mainly indoors.

Examples of indoor sport and recreation—

amusement parlour, bowling alley, gymnasium, squash court

industrial area means—

(a)an area (however described) designated in a planning instrument as industrial; or

Examples of ways of describing industrial areas—

•low impact industry, medium impact industry, high impact industry or special industry

•heavy industry or light industry

•commercial industry

•service industry

•general industry

•waterfront and marine industry

•extractive industry

(b)an area that is predominantly industrial in character, having regard to—

(i)dominant land uses in the area; or

(ii)the planning instruments applying to the area.

industry activity means—

(a)an extractive industry; or

(b)a high impact industry; or

(c)a low impact industry; or

(d)a marine industry; or

(e)a medium impact industry; or

(f)a research and technology industry; or

(g)a service industry; or

(h)a special industry; or

(i)a warehouse.

industry zone, for schedule 12, means an area (however described) designated in a local categorising instrument as industrial.

infrastructure, for the definitions essential management and routine management, includes a building, or other structure, built or used for any purpose.

Note—

See also schedule 2 of the Act, definition infrastructure.

sch 24 def infrastructure ins 2019 Act No. 17 s 357D

infrastructure charges register, for a local government, means a register that includes the following information for each charge levied by the local government—

(a)the real property description of the premises the charge applies to;

(b)the charges resolution under which the charge was levied;

(c)the amount of the charge levied;

(d)how the charge was worked out;

(e)if an automatic increase provision applies to the charge—

(i)that the charge is subject to automatic increases; and

(ii)how the increases are worked out under the provision;

(f)if all or part of the charge has been paid—the amount paid and the day on which it was paid;

(g)if the charge has not been paid in full—the amount of the charge unpaid;

(h)details of any offset or refund given;

(i)if the charge was levied as a result of a development approval—the approval reference number and the day the approval will lapse;

(j)if infrastructure is to be provided instead of paying the charge—details of any infrastructure still to be provided;

(k)if the levied charge is the subject of an infrastructure agreement—details of the agreement.

infrastructure provider, for a development application, means a local government that—

(a)is the prescribed assessment manager for the application; and

(b)either—

(i)supplies trunk infrastructure for development; or

(ii)has an agreement with another person that supplies trunk infrastructure for development.

intensive animal industry—

(a)means the use of premises for—

(i)the intensive production of animals or animal products, in an enclosure, that requires food and water to be provided mechanically or by hand; or

(ii)storing and packing feed and produce, if the use is ancillary to the use in subparagraph (i); but

(b)does not include the cultivation of aquatic animals.

Examples of intensive animal industry—

feedlot, piggery, poultry and egg production

intensive horticulture—

(a)means the use of premises for—

(i)the intensive production of plants or plant material carried out indoors on imported media; or

(ii)the intensive production of plants or plant material carried out outside using artificial lights or containers; or

(iii)storing and packing plants or plant material grown on the premises, if the use is ancillary to the use in subparagraph (i) or (ii); but

(b)does not include the cultivation of aquatic plants.

Examples of intensive horticulture—

greenhouse, hydroponic farm, mushroom farm

irrigated high value agriculture clearing ...

sch 24 def irrigated high value agriculture clearing om 2018 SL No. 56 s 12

key resource area see the State Planning Policy.

koala assessable development area means an area shown as a koala assessable development area on a map of assessable development areas.

koala habitat area means an area that—

(a)is any of the following—

(i)a bushland habitat area;

(ii)a rehabilitation habitat area;

(iii)an area of koala habitat value; but

(b)is not an area unsuitable for koalas.

koala habitat classification area see schedule 11, part 4, section 9(1).

koala habitat tree means—

(a)a tree of the Corymbia, Melaleuca, Lophostemon or Eucalyptus genera that is edible by koalas; or

(b)a tree of a type typically used by koalas for shelter, including, for example, a tree of the Angophora genus.

L^Aeq means the constant sound pressure level that has the same acoustic energy as a fluctuating noise level.

lake see the Water Act, schedule 4.

land degradation see the Vegetation Management Act, schedule.

landing means the use of premises for a structure—

(a)for mooring, launching, storing and retrieving vessels; and

(b)from which passengers embark and disembark.

land use plan means—

(a)for strategic port land—a plan approved under the Transport Infrastructure Act, section 286; or

(b)for airport land—a land use plan approved under the Airport Assets Act, chapter 3, part 1.

least concern regional ecosystem see the Vegetation Management Act, schedule.

light rail corridor means—

(a)land on which light rail transport infrastructure is situated; or

(b)land on which light rail transport infrastructure works are carried out; or

(c)land on which services for the maintenance or operation of light rail transport infrastructure are situated.

light rail transport infrastructure see the Transport Infrastructure Act, schedule 6.

light rail transport infrastructure works see the Transport Infrastructure Act, schedule 6.

local government area 1 means the local government area of—

(a)Brisbane City Council; or

(b)Bundaberg Regional Council; or

(c)Cairns Regional Council; or

(d)Fraser Coast Regional Council; or

(e)Gold Coast City Council; or

(f)Ipswich City Council; or

(g)Logan City Council; or

(h)Moreton Bay Regional Council; or

(i)Redland City Council; or

(j)Scenic Rim Regional Council; or

(k)Sunshine Coast Regional Council; or

(l)Townsville City Council.

local government area 2 means a local government area that is not local government area 1.

local instrument means a local planning instrument or variation approval.

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 operational work is carried out.

low impact industry means the use of premises for an industrial activity—

(a)that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and

(b)that a local planning instrument applying to the premises states is a low impact industry; and

(c)that complies with any thresholds for the activity stated in a local planning instrument applying to the premises, including, for example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.

low-risk waterway means a waterway shown in the waterways spatial data layer as a low-risk waterway.

maintenance cover, for a sewer, stormwater drain or water main, means a cover, whether above, at, or below ground level, for a chamber through which a person, machine or device may access the sewer, stormwater drain or water main to inspect, maintain or replace the sewer, stormwater drain or water main.

major electricity infrastructure—

(a)means the use of premises for—

(i)a transmission grid or supply network; or

(ii)a telecommunication facility, if the use is ancillary to the use in subparagraph (i); but

(b)does not include the use of premises for a supply network or private electricity works stated in schedule 6, section 26(5), unless the use involves—

(i)a new zone substation or bulk supply substation; or

(ii)the augmentation of a zone substation or bulk supply substation that significantly increases the input or output standard voltage.

major-risk waterway means a waterway shown in the waterways spatial data layer as a major-risk waterway.

major sport, recreation and entertainment facility means the use of premises for large-scale events, including, for example, major sporting, recreation, conference or entertainment events.

Examples of a major sport, recreation and entertainment facility—

convention centre, exhibition centre, horse racing facility, sports stadium

map of assessable development areas means each of the following maps, dated 31 May 2010 and published by the department in which the Environmental Protection Act, chapter 5 is administered—

(a)map SPRP_KHV4;

(b)map SPRP_KHV7;

(c)map SPRP_KHV9;

(d)map SPRP_KHV10;

(e)map SPRP_KHV13;

(f)map SPRP_KHV14;

(g)map SPRP_KHV18;

(h)map SPRP_KHV19;

(i)map SPRP_KHV20;

(j)map SPRP_KHV23;

(k)map SPRP_KHV24;

(l)map SPRP_KHV25;

(m)map SPRP_KHV29.

map of koala habitat values means each of the following maps, dated 31 May 2010 and published by the department in which the Environmental Protection Act, chapter 5, is administered—

(a)map SPP_KHV1;

(b)map SPP_KHV3;

(c)map SPP_KHV4;

(d)map SPP_KHV6;

(e)map SPP_KHV7;

(f)map SPP_KHV9;

(g)map SPP_KHV10;

(h)map SPP_KHV13;

(i)map SPP_KHV14;

(j)map SPP_KHV18;

(k)map SPP_KHV19;

(l)map SPP_KHV20;

(m)map SPP_KHV22;

(n)map SPP_KHV23;

(o)map SPP_KHV24;

(p)map SPP_KHV25;

(q)map SPP_KHV28;

(r)map SPP_KHV29;

(s)map SPP_KHV32.

mapped area see section 59(1)(a)(i).

marine industry means the use of waterfront premises for—

(a)manufacturing, storing, repairing or servicing vessels or maritime infrastructure; or

(b)providing fuel or disposing of waste, if the use is ancillary to the use in paragraph (a).

Examples of marine industry—

boat building, boat storage, dry dock

marine plant see the Fisheries Act, section 8.

Marine Safety Act means the Transport Operations (Marine Safety) Act 1994.

market means the use of premises on a regular basis for—

(a)selling goods to the public mainly from temporary structures, including, for example, stalls, booths or trestle tables; or

(b)providing entertainment, if the use is ancillary to the use in paragraph (a).

master planned area, for a priority port, see the Sustainable Ports Act, section 6.

master planned area declaration ...

sch 24 def master planned area declaration om 2017 SL No. 141 s 14 (1)

maximum flow velocity of water see the Building Regulation, section 13(5).

medium impact industry means the use of premises for an industrial activity—

(a)that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and

(b)that a local planning instrument applying to the premises states is a medium impact industry; and

(c)that complies with any thresholds for the activity stated in a local planning instrument applying to the premises, including, for example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.

medium value rehabilitation habitat area means an area in the SEQ region shown as medium value rehabilitation on a map of koala habitat values.

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

(a)50m²;

(b)an area equal to 5% of the gross floor area of the building.

moderate-risk waterway means a waterway shown in the waterways spatial data layer as a moderate-risk waterway.

modify, for an existing levee, see the Water Regulation, schedule 19.

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

motor sport facility means the use of premises for—

(a)organised or recreational motor sports; or

(b)facilities for spectators, including, for example, stands, amenities and food and drink outlets, if the use is ancillary to the use in paragraph (a).

Examples of a motor sport facility—

car race track, go-kart track, trail bike park, 4WD park

multiple dwelling means a residential use of premises involving 3 or more dwellings, whether attached or detached, for separate households.

native vegetation means vegetation under the Vegetation Management Act.

nature-based tourism means the use of premises for a tourism activity, including accommodation for tourists, for the appreciation, conservation or interpretation of—

(a)an area of environmental, cultural or heritage value; or

(b)a local ecosystem; or

(c)the natural environment.

Examples of nature-based tourism—

environmentally responsible accommodation facilities including cabins, huts, lodges and tents

necessary environmental clearing see the Vegetation Management Act, schedule.

new or changed access, between premises and a road or State transport corridor, means—

(a)the use of a new location as a relevant vehicular access between the premises and the road or corridor; or

(b)the construction of a new relevant vehicular access between the premises and the road or corridor; or

(c)the extension of an existing relevant vehicular access between the premises and the road or corridor; or

Example for paragraph (c)—

widening a driveway to allow access by a wide-turning vehicle

(d)an increase in the number of vehicles regularly using an existing relevant vehicular access between the premises and the road or corridor; or

(e)a change in the type of vehicles regularly using an existing relevant vehicular access between the premises and the road or corridor.

nightclub entertainment facility means the use of premises for—

(a)providing entertainment that is cabaret, dancing or music; or

(b)selling liquor, and preparing and selling food, for consumption on the premises, if the use is ancillary to the use in paragraph (a).

noise attenuation land means land shown as noise attenuation land on the map called ‘Noise attenuation zone for off-road motorcycling facility’, dated March 2017 and published by the department.

noise sensitive place means a dwelling used for residential purposes or short-term accommodation.

non-host lot means a lot no part of which is used for a wind farm or part of a wind farm.

non-juvenile koala habitat tree means a koala habitat tree that—

(a)is more than 4m tall; or

(b)has a trunk with a circumference of more than 31.5cm, measured at 1.3m above the ground.

non-referable building work means building work in a declared fish habitat area, if the work is reasonably necessary for—

(a)the maintenance of structures built in accordance with the requirements, under any Act, relating to the structure; or

Examples of structures—

•boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs

•powerlines or associated powerline infrastructure

(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 or aids to navigation, if—

(i)the impact on the area is minor; and

(ii)the structures are built in accordance with the requirements, under any Act, relating to the structure.

non-referable material change of use means a material change of use—

(a)for an urban purpose in an urban area; and

(b)that is carried out on a lot, other than a lot that—

(i)if the lot contains vegetation shown on the regulated vegetation management map as a category B area—contains an endangered regional ecosystem; or

(ii)is dedicated as a road under the Land Act; or

(iii)is unallocated State land.

non-resident worker means a person who—

(a)performs work as part of—

(i)a resource extraction project; or

(ii)a project identified in a planning scheme as a major industry or infrastructure project; or

(iii)a rural use; and

(b)lives, for extended periods, in the locality of the project, but has a permanent residence elsewhere.

Example of a non-resident worker—

a person engaged in fly-in/fly-out, or drive in/drive out, working arrangements

non-resident workforce accommodation means the use of premises for—

(a)accommodation for non-resident workers; or

(b)recreation and entertainment facilities for persons residing at the premises and their visitors, if the use is ancillary to the use in paragraph (a).

of concern regional ecosystem see the Vegetation Management Act, schedule.

office—

(a)means the use of premises for—

(i)providing an administrative, financial, management or secretarial service or function; or

(ii)the practice of a profession; or

(iii)providing business or professional advice or services; but

(b)does not include the use of premises for making, selling or hiring goods.

Examples of an office—

bank, real estate agency

off-road motorcycling includes motocross, enduro, dirt track riding, moto-trials, mini-khana and recreational trail bike riding.

off-road motorcycling facility means the use of premises for—

(a)off-road motorcycling; or

(b)facilities that are ancillary to off-road motorcycling.

Examples of ancillary facilities—

•camping facilities

•caretaker’s accommodation

•club house facilities

•pit areas

•spectator facilities

•toilets and shower or change room facilities

•vehicle and equipment storage facilities

•viewing stands

off-road motorcycling facility land means land comprising—

(a)lot 50 on SP233714; or

(b)lot 1 on RP61998; or

(c)lot 1 on RP61996; or

(d)lot 3 on RP61997; or

(e)lot 39 on RP17872; or

(f)lot 38 on RP17872.

operating hours, for schedule 5A, see schedule 5A, part 1, section 1.

sch 24 def operating hours ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

other rail infrastructure see the Transport Infrastructure Act, schedule 6.

outdoor area, for premises, means an area on the premises other than—

(a)a driveway that is used only for providing access between the premises and a road; or

(b)an area used only for protecting or enhancing the visual amenity of the premises; or

Example for paragraph (b)—

an area used for planting or ornaments

(c)a part of a building that is relevant to calculating the gross floor area of the building.

sch 24 def outdoor area ins 2017 SL No. 141 s 14 (2)

outdoor sales means the use of premises for—

(a)displaying, selling, hiring or leasing vehicles, boats, caravans, machinery, equipment or other similar products, if the use is mainly conducted outdoors; or

(b)repairing, servicing, selling or fitting accessories for the products stated in paragraph (a), if the use is ancillary to the use in paragraph (a).

outdoor sport and recreation means the use of premises for—

(a)a recreation or sporting activity that is carried on outdoors and requires areas of open space; or

(b)providing and selling food and drink, change room facilities or storage facilities, if the use is ancillary to the use in paragraph (a).

Examples of outdoor sport and recreation—

cricket oval, driving range, golf course, swimming pool, tennis court

overland flow water see the Water Act, schedule 4.

park means the use of premises, accessible to the public free of charge, for sport, recreation and leisure activities and facilities.

parking station means the use of premises for parking vehicles, other than parking that is ancillary to another use.

PDA-associated development, for a priority development area, see the Economic Development Act, schedule 1.

PDA-related development means—

(a)development in a priority development area; or

(b)PDA-associated development for a priority development area.

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

Petroleum and Gas Act means the Petroleum and Gas (Production and Safety) Act 2004.

place of worship means the use of premises for—

(a)organised worship and other religious activities; or

(b)social, education or charitable activities, if the use is ancillary to the use in paragraph (a).

plan of subdivision means a plan or agreement (however described) for reconfiguring a lot—

(a)unless the reconfiguration relates to—

(i)the acquisition of land, including by agreement, under the Acquisition Act, by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or

(ii)the acquisition of land by agreement, other than under the Acquisition Act, by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or

(iii)land held by the State, or a statutory body representing the State, that is being reconfigured for a purpose for which land may be taken under the Acquisition Act, whether or not the land relates to an acquisition; or

(iv)the acquisition of land for water infrastructure; or

(v)a lot that is, or includes, airport land, strategic port land or Brisbane core port land; or

(b)other than a plan lodged under the Acquisition Act, section 12A as a result of a reconfiguration stated in paragraph (a)(i).

PMAV means a property map of assessable vegetation under the Vegetation Management Act.

port authority see the Transport Infrastructure Act, schedule 6.

port operator see the Transport Infrastructure Act, section 267.

port overlay, for a priority port’s master planned area, means the port overlay made for the area under the Sustainable Ports Act, part 2, division 3.

port service means the use of premises for—

(a)the arrival and departure of vessels; or

(b)the movement of passengers or goods on or off vessels; or

(c)storing, servicing, maintaining or repairing vessels; or

(d)ancillary uses that directly service the needs of passengers of the vessels.

prescribed assessable development means development stated to be assessable development in—

(a)schedule 9; or

(b)schedule 10, other than schedule 10, part 15 or 16.

sch 24 def prescribed assessable development amd 2017 SL No. 141 s 14 (3)

prescribed building work means building work for a single dwelling on a lot, and any reasonably associated building or structure, if—

(a)a development permit has been given for the building work; or

(b)the building work is stated in schedule 7, part 1, section 2; or

(c)the dwelling is for public housing.

prescribed clearing means—

(a)clearing vegetation on freehold land or land leased under the Land Act, if—

(i)the clearing is necessary for building a single dwelling on a lot, and any reasonably associated building or structure; and

(ii)there is no other dwelling on the lot; or

(b)clearing vegetation on indigenous land, if the clearing is necessary for building 1 or more dwellings, and any reasonably associated building or structure, for—

(i)Aboriginal or Torres Strait Islander inhabitants of the land; or

(ii)persons providing educational, health, police or other community services for the inhabitants.

prescribed development application see sections 33(1) and 34(1).

prescribed hazardous chemical—

(a)means a hazardous chemical that—

(i)is stated in the Work Health and Safety Regulation, schedule 15, table 15.1; or

(ii)belongs to a class, type or category of hazardous chemicals stated in the Work Health and Safety Regulation, schedule 15, table 15.2; but

(b)does not include a liquid that is an agricultural chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth), if—

(i)the liquid is stored on premises in a rural zone; and

(ii)the liquid is for use in a primary industry activity; and

(iii)the total amount of liquid stored on the premises is less than 10,000L; and

(iv)the liquid is stored in packages that are labelled and ready for use by an end user.

prescribed industrial premises see schedule 5A, part 3, section 4(1).

sch 24 def prescribed industrial premises ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

prescribed land means—

(a)freehold land; or

(b)indigenous land; or

(c)any of the following under the Land Act—

(i)leased land;

(ii)land dedicated as a road;

(iii)trust land, other than indigenous land;

(iv)unallocated State land;

(v)land subject to a licence or permit; or

(d)land that is the property of the State under the Land Act, section 9 or 13A(1) or (2).

sch 24 def prescribed land amd 2017 SL No. 141 s 24 (2); 2018 SL No. 182 s 3 (1)–(2)

prescribed local government area means the local government area of—

(a)Brisbane City Council, other than the part of the area to which the City Centre Neighbourhood Plan under the Council’s planning scheme applies; or

(b)Cairns Regional Council; or

(c)Gold Coast City Council; or

(d)Ipswich City Council; or

(e)Logan City Council; or

(f)Mackay Regional Council; or

(g)Moreton Bay Regional Council; or

(h)Noosa Shire Council; or

(i)Redland City Council; or

(j)Rockhampton Regional Council; or

(k)Sunshine Coast Regional Council; or

(l)Toowoomba Regional Council; or

(m)Townsville City Council.

prescribed retail premises see schedule 5A, part 2, section 2(1).

sch 24 def prescribed retail premises ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

prescribed subdivision ...

sch 24 def prescribed subdivision om 2017 SL No. 141 s 14 (1)

priority development area see the Economic Development Act, schedule 1.

priority koala assessable development area means an area shown as a priority koala assessable development area on a map of assessable development areas.

priority port see the Sustainable Ports Act, section 5.

private certifier application register means a register that includes the following information for each application that must be recorded in the register—

(a)the name and contact details of the private certifier to whom the application was made;

(b)

the information stated in this schedule, definition application register, paragraphs (b) to (g) and (j) to (l).

private certifier (class A) means a private certifier whose licence under the Building Act has a development approval endorsement under that Act.

public housing—

(a)means housing—

(i)provided by, or for, the State or a statutory body representing the State; and

(ii)for short or long term residential use; and

(iii)totally or partly subsidised by the State or a statutory body representing the State; and

(b)includes services provided mainly for residents of the housing.

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

qualitative statement see the Building Act, section 33(6).

quantifiable standard see the Building Act, section 33(6).

Queensland Development Code means the document called ‘Queensland Development Code’ published by the department in which the Building Act is administered.

Queensland Plumbing and Wastewater Code see the Plumbing and Drainage Act 2018, section 7(1).

sch 24 def Queensland Plumbing and Wastewater Code sub 2019 SL No. 42 s 128 sch 11

rail transport infrastructure see the Transport Infrastructure Act, schedule 6.

railway corridor means—

(a)land on which rail transport infrastructure or other rail infrastructure is situated; or

(b)land on which railway works are carried out, if the works relate to rail transport infrastructure or other rail infrastructure; or

(c)land on which services for the maintenance or operation of rail transport infrastructure or other rail infrastructure are situated.

railway crossing see the Transport Infrastructure Act, schedule 6.

railway manager see the Transport Infrastructure Act, schedule 6.

railway works see the Transport Infrastructure Act, schedule 6.

referable dam see the Water Supply Act, section 341.

refund amount, for schedule 5A, see schedule 5A, part 1, section 1.

sch 24 def refund amount ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

registered non-profit organisation means an incorporated organisation that is—

(a)recorded in the register kept under the Collections Act 1966, part 6; or

Note—

The register of charities kept under the Collections Act 1966 can be inspected on the website of the Office of Fair Trading.

(b)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).

Note—

The Australian Charities and Not-for-profits Register kept under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) can be inspected on the website of the Australian Charities and Not-for-profits Commission.

regulated regrowth vegetation see the Vegetation Management Act, schedule.

regulated vegetation management map see the Vegetation Management Act, section 20A.

regulatory maps means maps SEQ RP1 to SEQ RP 32, dated August 2017 and published on the department’s website.

sch 24 def regulatory maps amd 2017 SL No. 141 s 14 (4)

rehabilitation habitat area means an area in the SEQ region shown as any of the following on a map of koala habitat values—

(a)high value rehabilitation;

(b)medium value rehabilitation;

(c)low value rehabilitation.

relevant industrial use, for schedule 5A, see schedule 5A, part 1, section 1.

sch 24 def relevant industrial use ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

relevant retail use, for schedule 5A, see schedule 5A, part 1, section 1.

sch 24 def relevant retail use ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

relevant service provider means—

(a)for a sewer—the sewerage service provider, as defined under the Water Supply Act, schedule 3, for the sewer; or

(b)for a stormwater drain—the owner of the stormwater drain; or

(c)for a water main—the water service provider, as defined under the Water Supply Act, schedule 3, for the water main.

relevant vehicular access, between premises and a road or State transport corridor, means—

(a)a road, other than a pedestrian or bicycle path, that provides access between the premises and the road or corridor; or

(b)a driveway that provides access between the premises and the road or corridor.

relevant zone means the zone applying to premises under a local instrument.

relocatable home park means the use of premises for—

(a)relocatable dwellings for long-term residential accommodation; or

(b)amenity facilities, food and drink outlets, a manager’s residence, or recreation facilities for the exclusive use of residents, if the use is ancillary to the use in paragraph (a).

remnant vegetation see the Vegetation Management Act, schedule.

renewable energy facility—

(a)means the use of premises for the generation of electricity or energy from a renewable energy source, including, for example, sources of bioenergy, geothermal energy, hydropower, ocean energy, solar energy or wind energy; but

(b)does not include the use of premises to generate electricity or energy to be used mainly on the premises.

sch 24 def renewable energy facility ins 2017 SL No. 141 s 14 (2)

repealed IPA means the repealed Integrated Planning Act 1997.

repealed koala State planning policy means the State planning policy, made under the old Act, called ‘State Planning Policy 2/10–Koala Conservation in South East Queensland’ as in force immediately before the State planning policy was repealed under the old Act.

repealed SEQ SPRP—

(a)in relation to an application under the old Act or repealed IPA for a development approval, means the State planning regulatory provisions made under that repealed Act for the SEQ region and as in force when the application was properly made under that repealed Act; or

(b)otherwise, means the State planning regulatory provisions made under the old Act for the SEQ region and as in force immediately before the repeal of the old Act.

sch 24 def repealed SEQ SPRP sub 2017 SL No. 141 s 14 (1)–(2)

research and technology industry means the use of premises for an innovative or emerging industry that involves designing and researching, assembling, manufacturing, maintaining, storing or testing machinery or equipment.

Examples of research and technology industries—

aeronautical engineering, biotechnology industries, computer component manufacturing, computer server facilities, energy industries, medical laboratories

residential care facility means the use of premises for supervised accommodation, and medical and other support services, for persons who—

(a)can not live independently; and

(b)require regular nursing or personal care.

Examples of a residential care facility—

convalescent home, nursing home

residential clearing means prescribed clearing, if—

(a)the building work for the dwelling that necessitates the clearing is carried out—

(i)under a development permit; or

(ii)by, or for, the State or a public sector entity; or

(b)the dwelling that necessitates the clearing is for public housing.

residential development—

(a)means the use of premises for a residential purpose, including, for example, a relocatable home park or retirement facility; but

(b)does not include—

(i)a community residence; or

(ii)a detention facility; or

(iii)a residential care facility; or

(iv)tourist accommodation; or

(v)accommodation for employees, including rural workers’ accommodation.

sch 24 def residential development sub 2017 SL No. 141 s 14 (1)–(2)

amd 2017 SL No. 222 s 4 (6)–(7); 2019 SL No. 104 s 18 (3)–(4)

Residential Services Act means the Residential Services (Accreditation) Act 2002.

residential zone means premises (however described) designated in a local categorising instrument as residential.

Examples of ways of describing premises—

•general residential

•low density, low-medium density, medium density or high density residential

•character residential

•tourist accommodation

sch 24 def residential zone amd 2018 SL No. 91 s 22 (3)

resort complex means the use of premises for—

(a)tourist and visitor accommodation that includes integrated leisure facilities; or

Examples of integrated leisure facilities—

bars, meeting and function facilities, restaurants, sporting and fitness facilities

(b)staff accommodation that is ancillary to the use in paragraph (a); or

(c)transport facilities for the premises, including, for example, a ferry terminal or air service.

resource allocation authority means a resource allocation authority issued under the Fisheries Act.

sch 24 def resource allocation authority sub 2019 SL No. 179 s 152 sch 12

retail use, for schedule 5A, see schedule 5A, part 1, section 1.

sch 24 def retail use ins 2018 SL No. 146 s 5

exp 1 November 2019 (see s 17B)

retirement facility means a residential use of premises for—

(a)accommodation for older members of the community, or retired persons, in independent living units or serviced units; or

(b)amenity and community facilities, a manager’s residence, health care and support services, preparing food and drink or staff accommodation, if the use is ancillary to the use in paragraph (a).

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

road transport infrastructure see the Transport Infrastructure Act, schedule 6.

rooming accommodation means the use of premises for—

(a)residential accommodation, if each resident—

(i)has a right to occupy 1 or more rooms on the premises; and

(ii)does not have a right to occupy the whole of the premises; and

(iii)does not occupy a self-contained unit, as defined under the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2, or has only limited facilities available for private use; and

(iv)shares other rooms, facilities, furniture or equipment outside of the resident’s room with 1 or more other residents, whether or not the rooms, facilities, furniture or equipment are on the same or different premises; or

(b)a manager’s residence, an office or providing food or other services to residents, if the use is ancillary to the use in paragraph (a).

Examples of rooming accommodation—

boarding house, hostel, monastery, off-site student accommodation

routine management, for clearing native vegetation on land, means the clearing of native vegetation—

(a)to establish a necessary fence, road or vehicular track, if the maximum width of the clearing for the fence, road or track is 10m; or

(b)to build 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 area cleared is less than 2ha; and

(iii)the total area covered by the infrastructure is less than 2ha; or

(c)on freehold land by the owner of the land to source construction timber for establishing necessary infrastructure on any land of the owner, if—

(i)the clearing does not cause land degradation; and

(ii)restoration of a similar type to, and to the extent of, the removed trees, is ensured; or

(d)by the lessee of land leased under the Land Act 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; and

(ii)restoration of a similar type to, and to the extent of, the removed trees, is ensured.

rural activity means—

(a)an agricultural supplies store; or

(b)animal husbandry; or

(c)animal keeping; or

(d)aquaculture; or

(e)cropping; or

(f)an intensive animal industry; or

(g)intensive horticulture; or

(h)a permanent plantation; or

(i)a roadside stall; or

(j)a rural industry; or

(k)rural workers’ accommodation; or

(l)a wholesale nursery; or

(m)a winery.

sch 24 def rural activity ins 2017 SL No. 141 s 14 (2)

rural industry means the use of premises for—

(a)storing, processing or packaging products from a rural use carried out on the premises or adjoining premises; or

(b)selling products from a rural use carried out on the premises or adjoining premises, if the use is ancillary to the use in paragraph (a).

rural workers’ accommodation means the use of premises as accommodation, whether or not self-contained, for employees of a rural use, if—

(a)the premises, and the premises where the rural use is carried out, are owned by the same person; and

(b)the employees are not non-resident workers.

rural zone means premises (however described) designated in a local categorising instrument as rural.

sales office means the use of premises for the temporary display of land parcels or buildings that—

(a)are for sale or proposed to be sold; or

(b)can be won as a prize in a competition.

secondary dwelling means a dwelling, whether attached or detached, that is used in conjunction with, and subordinate to, a dwelling house on the same lot.

sensitive land use means—

(a)caretaker’s accommodation; or

(b)a childcare centre; or

(c)a community care centre; or

(d)a community residence; or

(e)a detention facility; or

(f)a dual occupancy; or

(g)a dwelling house; or

(h)a dwelling unit; or

(i)an educational establishment; or

(j)a health care service; or

(k)a hospital; or

(l)a hotel, to the extent the hotel provides accommodation for tourists or travellers; or

(m)a multiple dwelling; or

(n)non-resident workforce accommodation; or

(o)a relocatable home park; or

(p)a residential care facility; or

(q)a resort complex; or

(r)a retirement facility; or

(s)rooming accommodation; or

(t)rural workers’ accommodation; or

(u)short-term accommodation; or

(v)a tourist park.

sch 24 def sensitive land use amd 2017 SL No. 222 s 4 (8)–(9); 2019 SL No. 104 s 18 (5)–(6)

SEQ development area means an area in the SEQ region identified in a gazette notice by the Minister as a major development area.

sch 24 def SEQ development area sub 2017 SL No. 141 s 14 (1)–(2)

SEQ regional landscape and rural production area—

(a)means an area in the SEQ region shown on the regulatory maps as a regional landscape and rural production area; but

(b)does not include an SEQ development area.

sch 24 def SEQ regional landscape and rural production area sub 2017 SL No. 141 s 14 (1)–(2)

SEQ regional plan means the regional plan for the SEQ region.

SEQ rural enterprise precinct means an area in the SEQ region identified in a gazette notice by the Minister as a rural enterprise precinct.

sch 24 def SEQ rural enterprise precinct ins 2017 SL No. 141 s 14 (2)

SEQ rural living area—

(a)means an area in the SEQ region shown on the regulatory maps as a rural living area; but

(b)does not include an SEQ development area.

sch 24 def SEQ rural living area sub 2017 SL No. 141 s 14 (1)–(2)

SEQ rural precinct ...

sch 24 def SEQ rural precinct om 2017 SL No. 141 s 14 (1)

SEQ urban footprint means a part of the SEQ region shown on the regulatory maps as urban footprint.

service industry means the use of premises for an industrial activity that—

(a)does not result in off-site air, noise or odour emissions; and

(b)is suitable for location with other non-industrial uses.

Examples of service industries—

audio visual equipment repair, bicycle repairs, clock and watch repairs, computer repairs, dry cleaning, film processing, hand engraving, jewellery making, laundromat, locksmith, picture framing, shoe repairs, tailor

service station means the use of premises for—

(a)selling fuel, including, for example, petrol, liquid petroleum gas, automotive distillate or alternative fuels; or

(b)a food and drink outlet, shop, trailer hire, or maintaining, repairing, servicing or washing vehicles, if the use is ancillary to the use in paragraph (a).

sewer—

(a)means a sewer that is part of a sewerage system under the Plumbing and Drainage Act 2018; and

(b)includes a maintenance cover for the sewer.

sch 24 def sewer amd 2019 SL No. 42 s 128 sch 11

shop means the use of premises for—

(a)displaying, selling or hiring goods; or

(b)providing personal services or betting to the public.

Examples of a shop—

betting agency, corner store, department store, discount variety store, hair dressing salon, liquor store, supermarket

shopping centre means the use of premises for an integrated shopping complex consisting mainly of shops.

short-term accommodation—

(a)means the use of premises for—

(i)providing accommodation of less than 3 consecutive months to tourists or travellers; or

(ii)a manager’s residence, office, or recreation facilities for the exclusive use of guests, if the use is ancillary to the use in subparagraph (i); but

(b)does not include a hotel, nature-based tourism, resort complex or tourist park.

showroom means the use of premises for the sale of goods that are of—

(a)a related product line; and

(b)a size, shape or weight that requires—

(i)a large area for handling, display or storage; and

(ii)direct vehicle access to the building that contains the goods by members of the public, to enable the loading and unloading of the goods.

Examples of a showroom—

bulk stationary supplies, bulky goods sales, bulk home supplies, motor vehicle sales showroom

significant community projects see the Vegetation Management Act, section 10(5).

significant residual impact see the Environmental Offsets Act 2014, schedule 2.

site suitability statement, for premises, means a site suitability statement included in a site investigation report, or validation report, for the premises under the Environmental Protection Act.

sole-occupancy unit means a room, or other part of a building, used as a dwelling by a person to the exclusion of any other person.

special industry means the use of premises for an industrial activity—

(a)that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and

(b)that a local planning instrument applying to the premises states is a special industry; and

(c)that complies with any thresholds for the activity stated in a local planning instrument applying to the premises, including, for example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.

sport and recreation activity means—

(a)a major sport, recreation and entertainment facility at which events are carried out mainly outdoors; or

(b)a motor sport facility at which the motor sports are carried out mainly outdoors; or

(c)outdoor sport and recreation; or

(d)tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (c); or

(e)a commercial use that is ancillary to a use stated in paragraphs (a) to (c).

sch 24 def sport and recreation activity sub 2017 SL No. 141 s 14 (1)–(2)

spring see the Water Act, schedule 4.

State coastal land see the Coastal Act, section 17.

State-controlled road includes State toll road corridor land.

State-controlled transport tunnel means a tunnel that forms part of a State transport corridor.

State development area see the State Development Act, schedule 2.

State development assessment provisions means the document made by the Minister called ‘State development assessment provisions’, dated 1 July 2019 and published on the department’s website.

sch 24 def State development assessment provisions amd 2017 SL No. 141 s 24 (3); 2018 SL No. 24 s 4; 2018 SL No. 91 s 22 (4); 2018 SL No. 182 s 3 (3); 2019 SL No. 104 s 18 (7)

State Planning Policy means the State planning policy dated July 2017 and published on the department’s website.

State toll road corridor land see the Transport Infrastructure Act, schedule 6.

State transport corridor means—

(a)a busway corridor; or

(b)a light rail corridor; or

(c)a railway corridor; or

(d)a State-controlled road.

storey—

(a)means a space within a building between 2 floor levels, or a floor level and a ceiling or roof, other than—

(i)a space containing only a lift shaft, stairway or meter room; or

(ii)a space containing only a bathroom, shower room, laundry, toilet or other sanitary compartment; or

(iii)a space containing only a combination of the things stated in subparagraph (i) or (ii); or

(iv)a basement with a ceiling that is not more than 1m above ground level; and

(b)includes—

(i)a mezzanine; and

(ii)a roofed structured that is on, or part of, a rooftop, if the structure does not only accommodate building plant and equipment.

stormwater drain—

(a)means infrastructure used for receiving, storing, transporting or treating stormwater; and

(b)includes a maintenance cover for the stormwater drain.

strategic airport means a strategic airport within the meaning of the State Planning Policy.

strategic port land see the Transport Infrastructure Act, section 286(5).

subartesian bore see the Water Act, schedule 4.

subdivision means reconfiguring a lot stated in schedule 2 of the Act, definition reconfiguring a lot, paragraphs (a) and (d).

substation means the use of premises—

(a)as part of a transmission grid or supply network to—

(i)convert or transform electrical energy from one voltage to another; or

(ii)regulate voltage in an electrical circuit; or

(iii)control electrical circuits; or

(iv)switch electrical current between circuits; or

(b)for a telecommunications facility for—

(i)works as defined under the Electricity Act, section 12(1); or

(ii)workforce operational and safety communications.

substation site—

(a)means premises that contain a substation and are larger than 50m²; but

(b)does not include premises used for—

(i)pole mounted substations, transformers or voltage regulators; or

(ii)pad mounted substations or transformers.

supervised accommodation service ...

sch 24 def supervised accommodation service ins 2017 SL No. 222 s 4 (1)

om 2019 SL No. 104 s 18 (8)

supply network see the Electricity Act, section 8.

supporting material, for a development application or change application, means any material, including site plans, elevations and supporting reports, about the aspect of the application assessable against or having regard to the planning scheme that—

(a)was given to the assessment manager by the applicant; and

(b)is in the assessment manager’s possession when the request to inspect and purchase is made.

Sustainable Ports Act means the Sustainable Ports Development Act 2015.

telecommunications facility means the use of premises for a facility that is capable of carrying communications and signals by guided or unguided electromagnetic energy.

temporary use means a use that—

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

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

theatre means the use of premises for—

(a)presenting movies, live entertainment or music to the public; or

(b)the production of film or music; or

(c)the following activities or facilities, if the use is ancillary to a use in paragraph (a) or (b)—

(i)preparing and selling food and drink for consumption on the premises;

(ii)facilities for editing and post-production;

(iii)facilities for wardrobe, laundry and make-up;

(iv)set construction workshops;

(v)sound stages.

Example of a theatre—

cinema, concert hall, film studio, music recording studio

tidal area see section 19(3) of the Act.

tidal land see the Fisheries Act, schedule 1.

sch 24 def tidal land amd 2019 SL No. 71 s 59 sch

tidal water see the Coastal Act, schedule.

tourist accommodation means the use of premises for providing accommodation of less than 3 consecutive months to tourists or travellers.

tourist activity means—

(a)nature-based tourism; or

(b)a resort complex; or

(c)a tourist attraction; or

(d)a tourist park; or

(e)tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (d); or

(f)a commercial use that is ancillary to a use stated in paragraphs (a) to (d).

sch 24 def tourist activity sub 2017 SL No. 141 s 14 (1)–(2)

tourist attraction means the use of premises for—

(a)providing entertainment to, or a recreation facility for, the general public; or

(b)preparing and selling food and drink for consumption on the premises, if the use is ancillary to the use in paragraph (a).

Examples of a tourist attraction—

theme park, zoo

tourist park means the use of premises for—

(a)holiday accommodation in caravans, self-contained cabins, tents or other similar structures; or

(b)amenity facilities, a food and drink outlet, a manager’s residence, offices, recreation facilities for the use of occupants and their visitors, or staff accommodation, if the use is ancillary to the use in paragraph (a).

transmission grid see the Electricity Act, section 6.

transport depot means the use of premises for—

(a)storing vehicles, or machinery, that are used for a commercial or public purpose; or

(b)cleaning, repairing or servicing vehicles or machinery, if the use is ancillary to the use in paragraph (a).

Examples of a transport depot—

using premises to store buses, taxis, trucks, heavy vehicles or heavy machinery

transport infrastructure means—

(a)active transport infrastructure as defined under the Transport Planning Act, section 8A(3); or

(b)air transport infrastructure; or

(c)busway transport infrastructure; or

(d)light rail transport infrastructure; or

(e)miscellaneous transport infrastructure as defined under the Transport Infrastructure Act, section 416; or

(f)other rail infrastructure; or

(g)public marine transport infrastructure as defined under the Transport Infrastructure Act, schedule 6; or

(h)public passenger transport infrastructure as defined under the Transport Planning Act, schedule 1; or

(i)rail transport infrastructure; or

(j)a road on State toll road corridor land; or

(k)a State-controlled road.

Transport Planning Act means the Transport Planning and Coordination Act 1994.

transport reasons see the Transport Infrastructure Act, section 283I.

trust land means land comprising a reserve, or deed of grant in trust, under the Land Act.

unallocated State land see the Land Act, schedule 6.

underground water see the Water Act, schedule 4.

underground water area means an area declared to be an underground water area under the Water Act, section 1046(1).

sch 24 def underground water area ins 2018 SL No. 91 s 22 (1)

urban activity—

(a)means the use of premises for an urban purpose; but

(b)does not include—

(i)a community activity; or

(ii)indoor recreation; or

(iii)residential development; or

(iv)a sport and recreation activity; or

(v)a tourist activity.

sch 24 def urban activity sub 2017 SL No. 141 s 14 (1)–(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 for an urban purpose, or for an urban purpose in the future, on a map in a planning scheme that—

(i)identifies the area using cadastral boundaries; and

(ii)is used exclusively or mainly to assess development applications.

Example of a map for paragraph (b)—

a zoning map

urban purpose means a purpose for which land is used in cities or towns—

(a)including residential, industrial, sporting, recreation and commercial purposes; but

(b)not including rural residential, environmental, conservation, rural, natural or wilderness area purposes.

urban zone means—

(a)any of the following zones stated in schedule 2—

(i)general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone;

(ii)centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;

(iii)industry zone, low impact industry zone, medium impact industry zone, high impact industry zone, special industry zone, research and technology industry zone, industry investigation zone or waterfront and marine industry zone;

(iv)emerging community zone;

(v)innovation zone;

(vi)mixed use zone;

(vii)specialised centre zone;

(viii)township zone; or

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

sch 24 def urban zone ins 2017 SL No. 141 s 14 (2)

utility installation means the use of premises for—

(a)a service for supplying or treating water, hydraulic power or gas; or

(b)a sewerage, drainage or stormwater service; or

(c)a transport service; or

(d)a waste management service; or

(e)a maintenance depot, storage depot or other facility for a service stated in paragraphs (a) to (d).

Vegetation Management Act means the Vegetation Management Act 1999.

veterinary service means the use of premises for—

(a)the medical or surgical treatment of animals; or

(b)the short-term stay of animals, if the use is ancillary to the use in paragraph (a).

warehouse means the use of premises for—

(a)storing or distributing goods, whether or not carried out in a building; or

(b)the wholesale of goods, if the use is ancillary to the use in paragraph (a).

Examples of a warehouse—

self-storage facility, storage yard

Water Act means the Water Act 2000.

water bore see the Water Act, schedule 4.

watercourse see the Water Act, section 5.

water main—

(a)means infrastructure used for transporting water, other than stormwater; and

(b)includes a maintenance cover for the water main.

Water Regulation means the Water Regulation 2016.

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 1.

sch 24 def waterway amd 2019 SL No. 71 s 59 sch 1

waterway barrier works see the Fisheries Act, schedule 1.

sch 24 def waterway barrier works amd 2019 SL No. 71 s 59 sch 1

waterways spatial data layer means the document called ‘Queensland waterways for waterway barrier works’ that is—

(a)made by the department in which the Fisheries Act is administered; and

(b)published on the Queensland Spatial Catalogue website.

wetland see the Environmental Protection Regulation, schedule 19, part 2.

sch 24 def wetland amd 2019 SL No. 155 s 220 (4)

wetland protection area see the Environmental Protection Regulation, section 186(3).

sch 24 def wetland protection area amd 2019 SL No. 155 s 220 (5)

wholesale nursery means the use of premises for—

(a)the wholesale of plants grown on or next to the premises; or

(b)selling gardening materials, if the use is ancillary to the use in paragraph (a).

wind farm—

(a)means the use of premises for generating electricity by wind force, other than electricity that is to be used mainly on the premises for a domestic or rural use; and

(b)includes the use of premises for any of the following, if the use relates, or is ancillary, to the use stated in paragraph (a)—

(i)a wind turbine, wind monitoring tower or anemometer;

(ii)a building or structure, including, for example, a site office or temporary workers’ accommodation;

(iii)a storage area or maintenance facility, including, for example, a lay down area;

(iv)infrastructure or works, including, for example, site access, foundations, electrical works, substations or landscaping.

sch 24 def wind farm amd 2017 SL No. 141 s 24 (4)

wind turbine means a machine or generator that uses wind force to generate electricity, and includes the blades of the machine or generator.

winery means the use of premises for—

(a)making wine; or

(b)selling wine that is made on the premises.

Work Health and Safety Regulation means the Work Health and Safety Regulation 2011.