Economic Development Regulation 2023

1Short title

This regulation may be cited as the Economic Development Regulation 2023.

2Definition

In this regulation—

repealed regulation means the repealed Economic Development Regulation 2013.

pt 1A hdg ins 2024 SL No. 208 s 3

2ADefinitions for part

In this part—

affordable purchase price, for a household, means a price that enables the cost of servicing a mortgage for 90% of the purchase price to be not more than 30% of the gross income of the household.

affordable rent, for a household, means a rent of not more than 30% of the gross income of the household.

first home buyer household means a household that has a gross household income within the range nominated in a housing needs analysis for identifying a first home buyer household for the priority development area in which the household is situated.

housing needs analysis means a document called ‘Housing needs analysis’ that—

(a)analyses the need for particular types of housing for particular types of households in a particular priority development area; and

(b)nominates a range of gross household income within which a household may be identified as a first home buyer household or a key worker household for a particular priority development area; and

(c)is published on MEDQ’s website.

key worker household means a household that has a gross household income within the range nominated in a housing needs analysis for identifying a key worker household for the priority development area in which the household is situated.

low to moderate income household means a household that has a gross household income of more than 50% and less than 120% of the median household income for the local government area in which the household is situated.

market rent, of housing, means the estimated amount for which an interest in the housing should be leased on the open market between a willing lessor and willing lessee on appropriate terms in an arm’s length transaction, after proper marketing and if the parties had each acted knowledgeably, prudently and without compulsion.

market value, of housing, means the estimated amount for which the housing should exchange on the open market between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing and if the parties had each acted knowledgeably, prudently and without compulsion.

median household income, for a local government area, means the median household income for the area published by the Australian Bureau of Statistics and indexed by the Queensland wage price index published by the Australian Bureau of Statistics.

very low income household means a household that has a gross household income of 50% or less than the median household income for the local government area in which the household is situated.

s 2A ins 2024 SL No. 208 s 3

2BAffordable housing—Act, s 7B

(1)This section prescribes, for section 7B of the Act, housing that is affordable to the following types of households—

(a)very low income households;

(b)low to moderate income households;

(c)key worker households;

(d)first home buyer households.

(2)Housing is affordable to very low income households if the housing satisfies either or both of the following criteria—

(a)the housing is provided for rental by a registered provider under the Housing Act 2003, schedule 4 at an affordable rent for very low income households;

(b)the housing is provided as part of a program, funded by any of the following entities, to support the provision of housing that is affordable to very low income households—

(i)a public sector entity under the Public Sector Act 2022, section 8;

(ii)a local government;

(iii)the State;

(iv)the Commonwealth.

(3)Housing is affordable to low to moderate income households if the housing satisfies 1 or more of the following criteria—

(a)the housing is provided for rental by a registered provider under the Housing Act 2003, schedule 4 at an affordable rent for low to moderate income households;

(b)the housing is provided for rental at a rent of not more than 74.9% of the market rent of the housing;

(c)the housing is provided as part of a program, funded by any of the following entities, to support the provision of housing that is affordable to low to moderate income households—

(i)a public sector entity under the Public Sector Act 2022, section 8;

(ii)a local government;

(iii)the State;

(iv)the Commonwealth;

(d)the housing has a market value that is not more than the affordable purchase price for low to moderate income households in the local government area in which the housing is located;

(e)the housing has a market value that is not more than 20 times the affordable rent, calculated on a yearly basis, for low to moderate income households in the local government area in which the housing is located;

(f)the housing has a market rent that is not more than the affordable rent for low to moderate income households in the local government area in which the housing is located.

(4)Housing is affordable to key worker households if the housing satisfies 1 or more of the following criteria—

(a)the housing has a market value that is not more than the affordable purchase price for key worker households in the priority development area in which the housing is located;

(b)the housing has a market value that is not more than 20 times the affordable rent, calculated on a yearly basis, for key worker households in the priority development area in which the housing is located;

(c)the housing has a market rent that is not more than the affordable rent for key worker households in the priority development area in which the housing is located.

(5)Housing is affordable to first home buyer households if the housing has a market value that is not more than the affordable purchase price for first home buyer households in the priority development area in which the housing is located.

s 2B ins 2024 SL No. 208 s 3

3Priority development areas—Act, s 37

For section 37(1) of the Act—

(a)each part of the State identified as a priority development area on a map mentioned in schedule 1, part 1, column 2 and declared as a priority development area under the repealed regulation continues to be declared as the priority development area mentioned opposite in schedule 1, part 1, column 1; and

(b)each part of the State identified as a priority development area on a map mentioned in schedule 1, part 2, column 2 is declared to be the priority development area mentioned opposite in schedule 1, part 2, column 1.

Note—

Each map is available for inspection on the department’s website.

s 3 sub 2023 SL No. 135 s 3

3AExpiry date for interim land use plan for Waraba priority development area—Act, s 37

For section 37(3)(a) of the Act, the expiry date for the interim land use plan for the Waraba priority development area is 2 August 2026.

Note—

See also section 40AB of the Act in relation to the expiry of an interim land use plan for a priority development area.

s 3A ins 2024 SL No. 138 s 3

4Transitioned UDAs—Act, s 196

For section 196(1)(a) of the Act, each part of the State identified as an urban development area on a map mentioned in schedule 2, column 2 is the transitioned UDA, or transitioned UDA as amended, mentioned opposite in schedule 2, column 1.

Notes—

1A transitioned UDA is taken to be a priority development area. See sections 177, definition transitioned UDA and 190 of the Act.

2Each map is available for inspection on the department’s website.

5Placing notice about PDA development application on land—Act, s 84

(1)For section 84(2)(b) of the Act, this section prescribes the way a notice about a PDA development application must be placed on the relevant land.

(2)The notice must—

(a)be placed on, or within 1.5m of, the road frontage for the relevant land; and

(b)be mounted at least 300mm above ground level; and

(c)be positioned so it is visible from—

(i)any road adjoining the relevant land; or

(ii)if the only access to the relevant land is across other land—any road adjoining the other land at the point of access; and

(d)be made of weatherproof material; and

(e)be not less than 1,200mm x 900mm in size.

(3)If the relevant land has more than 1 road frontage, a notice must be placed on each road frontage for the land.

(4)The applicant must maintain the notice from the day it is placed on the relevant land until the end of the submission period for the application.

(5)In this section—

road frontage, for relevant land, means—

(a)generally—the boundary between the relevant land and any road adjoining the land; or

(b)if the only access to the relevant land is across other land—the boundary between the other land and any road adjoining the other land at the point of access.

6Process for approving plans of subdivision—Act, s 104

For section 104(2) of the Act, the process stated in schedule 3 is prescribed.

7Applications for temporary use licences—Act, s 171F

For section 171F(2)(b) of the Act, the following matters are prescribed—

(a)the applicant’s name and contact details;

(b)a description of the premises to which the application relates;

(c)details of the relevant change the subject of the application;

(d)the grounds for the relevant change.

7AApplications to extend temporary use licences—Act, s 171JB

For section 171JB(2)(b) of the Act, the following matters are prescribed—

(a)the applicant’s name and contact details;

(b)the period of the extension sought;

(c)the grounds for the extension.

s 7A ins 2024 SL No. 123 s 4

7BApplications to amend temporary use licences—Act, s 171JG

For section 171JG(2)(b) of the Act, the following matters are prescribed—

(a)the applicant’s name and contact details;

(b)details of the amendment sought;

(c)the grounds for the amendment.

s 7B ins 2024 SL No. 123 s 4

8Repeal

The Economic Development Regulation 2013, SL No. 2 is repealed.

9References to repealed regulation

A reference in a document to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.

section 3

sch 1 pt 1 hdg ins 2023 SL No. 135 s 4(2)

sch 1 pt 2 hdg ins 2023 SL No. 135 s 4(3)

sch 1 amd 2023 SL No. 135 s 4; 2024 SL No. 138 s 4

section 4

section 6

1Request for approval of plan of subdivision

(1)A person may, under this section, ask MEDQ to approve a plan of subdivision.

(2)The request must—

(a)be in writing; and

(b)be accompanied by—

(i)a copy of the proposed plan of subdivision; and

(ii)evidence allowing the request to be assessed under section 2; and

(c)be made during the relevant period, if any, for the request.

(3)For subsection (2)(c), the relevant period for the request is—

(a)if the request relates to a plan of subdivision for reconfiguring a lot that is authorised under a PDA development permit—the period during which the PDA development permit is in effect; or

(b)if the request relates to a plan of subdivision for reconfiguring a lot that is required under a PDA development condition of a PDA development permit—

(i)if the PDA development permit states a currency period under section 100(4) or (5) of the Act—the stated currency period; or

(ii)otherwise—the period of 4 years after the PDA development permit takes effect; or

(c)if the request relates to a plan of subdivision for reconfiguring a lot that is required under a PDA exemption certificate—

(i)if the certificate states a period within which the plan must be given to MEDQ for its approval—the stated period; or

(ii)otherwise—the period during which the certificate is in effect.

2Assessing request

(1)The request must be assessed against—

(a)the criteria that apply in relation to the request under subsection (2), (3) or (4); and

(b)the general criteria under subsection (5).

(2)If the request relates to a plan of subdivision for reconfiguring a lot that is authorised under a PDA development permit or is required under a PDA development condition of a PDA development permit, the criteria are—

(a)the plan has been prepared in accordance with the requirements of the PDA development permit; and

(b)if the PDA development permit is subject to PDA development conditions—

(i)the conditions have been complied with; or

(ii)the applicant has given satisfactory security to MEDQ to ensure compliance with the conditions.

(3)If the request relates to a plan of subdivision for reconfiguring a lot that is required under a PDA exemption certificate, the criterion is that the plan has been prepared in accordance with the requirements of the certificate.

(4)If the request relates to a plan of subdivision for reconfiguring a lot that is not PDA assessable development, the criterion is that the plan is consistent with any PDA development permit relevant to the land.

(5)The general criteria are the following—

(a)there are no outstanding local government rates or charges or expenses that are a charge over the land under any Act;

(b)there are no outstanding special rates or charges, or infrastructure expenses recoupment charges, in relation to the land;

(c)the conditions of any water approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 in relation to the land have been complied with;

(d)there are no outstanding fees or charges in relation to the land levied by a distributor-retailer under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.

(6)A reference in this section to the land, in relation to a plan of subdivision, is a reference to the land the subject of the plan of subdivision.

(7)In this section—

local government rates or charges means rates or charges levied by a local government.

special rate or charge means a special rate or charge levied under section 115 of the Act.

3Deciding request

(1)If the request complies with the criteria against which it must be assessed under section 2, MEDQ must approve the plan of subdivision.

(2)MEDQ must give notice of the approval to the applicant within—

(a)20 business days after receiving the request; or

(b)another period agreed between MEDQ and the applicant.

(3)If the Act under which the plan of subdivision is to be registered or recorded requires a particular form for the registration or recording, the approval of the plan of subdivision must be in that form.