Sustainable Planning Regulation 2009
Queensland Sustainable
Planning Act
2009 Sustainable Planning
Regulation 2009
Current as at 28 May 2014
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Queensland Sustainable
Planning Regulation 2009 Contents Part 1
1 2 3
Part
2 4 5 6
8 Part 3 Division 1
9 9A 10
10A 11 12
13 15 16
Page Preliminary Short title . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 5 Commencement . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
5 Definitions. . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Prescribed matters for Act, chapters 2
to 5 Designated
regions—Act,
s 22. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Guideline for making or amending planning scheme
or planning scheme policy—Act, s 117(1). . . . . .
. . . . . . . . . . . . . . . . . . . . . . 6
Guideline for making temporary local
planning instrument—Act, s 117(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Community infrastructure—Act,
s 200 . . . . . . . . . . . . . . . . . . . . . 6
Prescribed
matters for
IDAS General Assessable development,
self-assessable development and type of assessment—Act,
s 232 . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Particular development not assessable
development or self-assessable development
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Development
that can
not be declared to be development of a
particular
type—Act,
s 232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Prescribed
matters for
particular applications—Act,
ss 255A,
255B and 255C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Applicable
codes, laws,
policies and
prescribed matters for
development
.................................... 8
Assessment
manager for
development applications—Act,
s 246.
8
Referral agencies and their jurisdictions—Act,
ss 250,
251 and
254
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Referral agency assessment
period—Act,
s 283 . . . . . . . . . . . . . 8
Requirements
for placing
public notices on land—Act, s 297 . . . 9
Sustainable Planning Regulation 2009
Contents Division 2
18 19 20
21 Division 3 21A
21B 21C 21D
Part
4 22 23 24
25 26 Part 5
27 28 30
Part
6 31 32 33
34 35 36
37 38 Page 2
Compliance assessment Compliance
assessment of particular development—Act, ss 232 and 397 . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Compliance assessment of plans for
reconfiguring a lot—Act, ss 397 and 415 . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . When notice of decision about compliance
assessment must be given—Act, s 408 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prescribed
period—Act,
s 409
. . . . . . . . . . . . . . . . . . . . . . . . . . . Fees
Assessment
manager application fee—Act, s 260 . . . . . . . . . . . .
Concurrence agency application fee—Act, s
272. . . . . . . . . . . . . Fee for request to change particular
development approvals—Act,
s
370 . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Fee for
extension request notice for particular development
approvals—Act,
s 383
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed
matters for
Act, chapter
7 Court fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building and development
committee fees—Act, ss 514 and 536
Building and development committee
fast-track fee—Act, ss 515
and 537
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction of building and
development committees—Act, s 526 Qualifications
of general referee—Act, s 571 . . . . . . . . . . . . . . .
. Prescribed matters for Act, chapter 8
Guidelines for priority infrastructure
plans—Act, s 627 . . . . . . . . Local governments
that must
review priority infrastructure plans—Act, s 628
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . Trunk infrastructure charge rates—Act, s 640
. . . . . . . . . . . . . . . Prescribed
matters for environmental impact statements Definitions for
pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . Development for which EIS process
applies—Act, s 688. . . . . . . Criteria for making decision
about requirement for
EIS .
. . . . . . . Criteria
for public
notification of draft terms of reference for
EIS—Act, s 691 . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . Content of draft
terms of reference for EIS and draft EIS—Act, ss 691 and 694. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Public notification of
draft terms
of reference
for EIS
and draft EIS—Act, ss 691 and 694 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Matters for inclusion
in draft
EIS—Act,
s 693
. . . . . . . . . . . . . . . .
Content of EIS assessment report—Act, s 699 . . . . . . . . . . . . . .
9 10 10 11
11
12 13 14 15
15
15
15 16 18
18 18 19
19 20
21 21
21
22
22
Sustainable Planning Regulation 2009
Contents 39
Part
7 40 40A 41
41A Part 8 42
Part
9 Division 1 43
Division 2 44
Division 3 45
Schedule 1 Schedule 2
Schedule 3 Schedule 4
Schedule 5 Schedule 6
Schedule 7 Schedule 7A
Schedule 8 Schedule 9
Schedule 13A Schedule 15
Schedule 18 To whom EIS and
other material must be given—Act, s 700 . . . . 23
Miscellaneous provisions When structure
plan arrangements apply to premises. . . . . . . . .
23 Prescribed information and documents
for development applications—Act, s 736. . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 24
Prescribed activities for particular
definitions under Act, sch 3 . . 24
References to maintenance covers . . . . . .
. . . . . . . . . . . . . . . . . 25
Repeal provision Repeal . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 25 Transitional provisions Transitional provision for
Building and
Other Legislation Amendment
Regulation (No. 4) 2011 Applications for building development
approval to continue under pre-amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Transitional
provision for
Building and
Other Legislation Amendment Regulation
(No. 3) 2013
Development
applications involving child
care centres
. . . . . . . .
26
Transitional
Provision for
Sustainable Planning Amendment
Regulation (No. 7) 2013
Clearing of particular
vegetation not assessable
development .
. 27 Designated
regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28
Community infrastructure . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 33
Assessable development, self-assessable
development and type of assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35
Development that can not be declared to be
development of a particular type—Act, section 232(2) . . . . . . . . . . . . . . . . . . .
57
Applicable
codes, laws,
policies and prescribed matters
for particular
development . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 72 Assessment manager
for development applications . . . . . .
86
Referral agencies and their jurisdictions . . . . . . . .
. . . . . . . . 93 Particular
assessment manager and concurrence
agency application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 130 Special
fire services and referral jurisdiction of
Queensland Fire and Emergency Service
for them . . . . . . . . . . . . . . . . . .
. 145 Development
impacting on
State transport infrastructure and thresholds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 150 Excluded
matters for SCL or potential SCL
concurrence agency jurisdiction . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 153
Referral agency
assessment periods . . . . . . . . . . . . . . . . . . . 155
Compliance
assessment of particular
development . . . . . .
. 156 Page 3
Sustainable Planning Regulation 2009
Contents Schedule 19
Schedule 20 Schedule 21
Schedule 22 Schedule 23
Schedule 24 Part 1
1 Part 2 2
3 4 5
6 7 8
Schedule 25 Schedule
25A Schedule 26 Compliance
assessment of subdivision plans . . . . . . . .
. . . . Court fees . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Building and development committee
fees . . . . . . . . . . . . . .
Local
governments required to review priority infrastructure
plans . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . Trunk infrastructure charge rates
. .
. . . . . . . . . . . . . . . . . . . . Clearing of
native vegetation—not assessable development under schedule 3,
part 1, table 4, item 1
. .
. . . . . . . . . . . . . . . Clearing and other
activities or matters—general Clearing and other
activities or matters for land generally .
. .
. .
. Clearing for
particular land Freehold land . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
Indigenous
land .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. . . . . . . . . Land subject
to a
lease under
the Land
Act 1994
. .
. .
. .
. .
. .
. .
Land that is a road under the Land Act 1994 . . . . . . . . . . . . . . . . Particular
trust land
under the
Land Act
1994 .
. .
. .
. .
. .
. .
. .
. .
Unallocated
State land
under the
Land Act
1994. .
. .
. .
. .
. .
. .
. Land subject
to a
licence or
permit under the Land Act 1994 . . .
LGA population 1
areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Prescribed
information and documents
for development applications—Act,
s 736 . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . Dictionary . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 160 163 165
167 168 169
169
173 174 175 177
178
179
180
181
182 187 Endnotes
1 2 3
4 5 Index to
endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . Key
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. . . . . .
. . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . List of legislation. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
List of annotations
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. 223
223 223 226
233
Page
4
Sustainable Planning Regulation 2009
Part
1 Preliminary [s 1] Sustainable
Planning Regulation 2009 [as amended by all amendments that
commenced on or before 28 May 2014] Part 1
Preliminary 1
Short
title This regulation may
be cited as
the Sustainable Planning
Regulation 2009 .
2 Commencement This regulation
commences on 18 December 2009. 3
Definitions The dictionary
in schedule 26 defines particular words used in this
regulation. Part 2 Prescribed
matters for Act, chapters 2 to 5 4
Designated regions—Act, s 22
(1) The local government areas, or parts
of the local government areas, of each group of local
governments mentioned in a part of schedule 1
are prescribed as a designated region for section
22(1)(a) of the Act. (2)
Each
designated region has the name given in schedule 1.
Current as at 28 May 2014 Page
5
Sustainable Planning Regulation 2009
Part 3
Prescribed matters for IDAS [s 5]
5 Guideline for making or amending
planning scheme or planning scheme policy—Act, s 117(1)
The
guideline for making or amending a planning scheme or
planning scheme policy is contained in the
document called ‘Statutory guideline
01/14 Making
and amending local
planning instruments’, dated 17 April 2014
and published by the department. 6
Guideline for making temporary local
planning instrument—Act, s 117(2) The
guideline for
making a
temporary local
planning instrument is
contained in
the document called
‘Statutory guideline
01/14 Making
and amending local
planning instruments’, dated
17 April 2014
and published by
the department. 8
Community infrastructure—Act, s 200
Community infrastructure stated in schedule
2 is prescribed for section 200 of the Act.
Part
3 Prescribed matters for IDAS
Division 1 General
9 Assessable development,
self-assessable development and type of assessment—Act, s
232 (1) For section 232(1) of the Act—
(a) development stated
in schedule 3,
part 1,
column 2
is assessable development; and
(b) development stated
in schedule 3,
part 2,
is self-assessable development.
Page
6 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Part
3 Prescribed matters for IDAS [s 9A]
(2) For section 232(3) of the Act,
schedule 3, part 1, column 3 identifies the
type of assessment for the development stated opposite in
column 2. 9A Particular development not assessable
development or self-assessable development
(1) This section
applies for
development, other
than relevant
building work, carried out on or before 30
June 2015 for the construction, installation, use,
maintenance, repair, alteration, decommissioning, demolition or
removal of
G20 radiocommunications works.
(2) The development is
not assessable development or
self-assessable development for section
232(1) of the Act. (3) This section applies despite section
9. (4) In this section— relevant
building work means development— (a)
requiring code
assessment under
schedule 3,
part 1,
table 1, item 1; or (b)
that is
self-assessable development under
schedule 3,
part
2, table 1, item 1 or 2. 10 Development that
can not be declared to be development of a particular
type—Act, s 232 Development mentioned
in schedule 4
is prescribed for
section 232(2) of the Act.
10A Prescribed matters for particular
applications—Act, ss 255A, 255B and 255C (1)
For
each of sections 255A(2)(b), 255B(2)(b) and 255C(2)(b)
of
the Act, subsection (2) provides for the prescribed matters
for
assessing, as relevant— (a) a part of an
application to which section 255A(1)(b) or 255B(1)(b) of
the Act applies; or Current as at 28 May 2014 Page
7
Sustainable Planning Regulation 2009
Part 3
Prescribed matters for IDAS [s 11]
(b) an application to
which section
255C(1) of
the Act applies.
(2) The prescribed matters are the
relevant provisions of the State development
assessment provisions that were in effect when the application
was properly made. 11 Applicable codes, laws, policies and
prescribed matters for development Schedule 5,
parts 1 and 2, column 2 identifies the codes, laws,
policies and prescribed matters that may
apply for assessing the aspect of development mentioned opposite
in column 1. 12 Assessment manager for
development applications—Act, s 246 For section
246(1) of the Act, schedule 6, column 2 states the
assessment manager
for the development application mentioned
opposite the assessment manager in column 1. 13
Referral agencies and their
jurisdictions—Act, ss 250, 251 and 254 For sections
250(a), 251(a) and 254(1) of the Act— (a)
schedule 7,
column 2
states the
referral agency,
and whether it is an advice agency or a
concurrence agency, for the development application mentioned in
column 1; and (b) schedule
7, column 3
states the
jurisdiction of
the referral agency mentioned in column
2. 15 Referral agency assessment period—Act,
s 283 For section 283(1)(a) of the Act, schedule
15, column 2 states the number of business days for the referral
agency mentioned opposite the number in column 1.
Page
8 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Part
3 Prescribed matters for IDAS [s 16]
16 Requirements for placing public
notices on land—Act, s 297 (1)
This section
prescribes, for
section 297(1)(b)
of the Act,
requirements for placing a notice on
land. (2) The notice must be—
(a) placed on, or within 1500mm of, the
road frontage for the land; and (b)
mounted at least 300mm above ground level;
and (c) positioned so that it is visible from
the road; and (d) made of weatherproof material;
and (e) at least 900mm in height and 1200mm in
width. (3) The lettering on the notice must be as
stated on the approved form of the notice.
(4) If the land has more than 1 road
frontage, a notice must be placed on each road frontage for the
land. (5) The applicant
must maintain
the notice from
the day it
is placed on the land until the end of
the notification period. (6) In this
section— road frontage , for land,
means— (a) the boundary between the land and any
road adjoining the land; or (b)
if
the only access to the land is across other land—the
boundary between the other land and any road
adjoining the other land at the point of
access. Division 2 Compliance
assessment 18 Compliance assessment of particular
development—Act, ss 232 and 397 For
sections 232(1)(b)
and 397(3) of
the Act, schedule
18 prescribes— Current as at 28
May 2014 Page 9
Sustainable Planning Regulation 2009
Part 3
Prescribed matters for IDAS [s 19]
(a) particular development that
requires compliance assessment;
and (b) the matters
or things against
which the
development must be
assessed; and (c) the entity
to whom the
request for
compliance assessment must
be made. 19 Compliance assessment of plans for
reconfiguring a lot—Act, ss 397 and 415 (1)
For section 397(1)
and (3) of
the Act, schedule
19 prescribes— (a)
a particular document
that requires
compliance assessment;
and (b) the matters or things against which
the document must be assessed; and (c)
the entity to
whom the
request for
compliance assessment must
be made; and (d) when the
request for
compliance assessment must
be made. (2)
For
section 415 of the Act— (a) schedule 19 also
prescribes additional actions that must be taken by the
compliance assessor in relation to the assessment of
the document; and (b) a compliance certificate must
be in the
form required
under the Land Title Act
1994 for registration of a plan
of
subdivision. 20 When notice of decision about
compliance assessment must be given—Act, s 408
For
section 408(1) of the Act, the prescribed period is—
(a) for compliance assessment of
development or
a subdivision plan requiring compliance
assessment under schedule 18
or 19—20 business
days after
the local Page 10
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Part
3 Prescribed matters for IDAS [s 21]
government receives
the request for
compliance assessment;
or (b) if the compliance assessor is a public
sector entity or a local government and paragraph (a) does not
apply—15 business days after receiving the request
for compliance assessment; or (c)
if the compliance assessor
is a nominated
entity of
a local government and
a copy of
the request for
compliance assessment is given to the local
government under section 402 of the Act—the period of
at least 20 business days agreed between the entity and
the person making the request for compliance
assessment; or (d) if the
compliance assessor
is a nominated
entity of
a local government and paragraph (c)
does not apply—the period agreed between the entity and the
person making the request for compliance
assessment. 21 Prescribed period—Act, s 409
For
section 409(2)(b) of the Act, the prescribed period for a
compliance permit is— (a)
if the permit
is for a
material change
of use or
reconfiguring a lot requiring operational
works—4 years after the day it takes effect; or
(b) otherwise—2 years after the day it
takes effect. Division 3 Fees
21A Assessment manager application
fee—Act, s 260 (1) For section
260(1)(d)(ii) of
the Act, the
prescribed fee
(the assessment manager
application fee
) for a
development application for
an aspect (the relevant aspect ) of
development mentioned in schedule 7A, part 2, column 2,
is the fee stated in schedule 7A, part 2, column 3,
opposite— (a) the relevant aspect; and
Current as at 28 May 2014 Page
11
Sustainable Planning Regulation 2009
Part 3
Prescribed matters for IDAS [s 21B]
(b) the symbol ‘A’ stated in schedule 7A,
part 2, column 4. (2) However, if
the development application is
for 2 or
more relevant
aspects of
development, the
assessment manager
application fee for the application is each
fee payable under subsection (1) for each relevant aspect of
the development. 21B Concurrence agency application
fee—Act, s 272 (1) For section
272(1)(c)(i) of
the Act, the
prescribed fee
(the concurrence agency
application fee
) for a
development application for
an aspect (the relevant aspect ) of
development mentioned in schedule 7A, part 2, column 2,
is the fee stated in schedule 7A, part 2, column 3,
opposite— (a) the relevant aspect; and
(b) the symbol ‘C’ stated in schedule 7A,
part 2, column 4. (2) However, if
the development application is
for 2 or
more relevant
aspects of
development, the
concurrence agency
application fee for the application is each
fee under subsection (1) for each relevant aspect of
development. Note — Under section
249(a) of the Act, if an entity is the assessment manager
and
has 1 or more jurisdictions as a concurrence agency, the entity is
not a concurrence agency. (3)
Subsection (4) applies if a relevant aspect
of the development application is— (a)
building work
to which the
Queensland Development Code, part 1.4
applies; and (b) the work
is in relation
to a sewer,
water main
or stormwater drain; and
(c) the work— (i)
does
not comply with an acceptable solution for a relevant
performance criteria stated in the part; or (ii)
is
for a class of building or structure for which the
part
does not state an acceptable solution. Page 12
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Part
3 Prescribed matters for IDAS [s 21C]
(4) Despite subsection (1),
the concurrence agency
application fee for the
relevant aspect is an amount— (a)
the
concurrence agency considers to be reasonable; and
(b) that is
not more than
the reasonable cost
of the concurrence
agency performing its functions under the Act for the
relevant aspect. 21C Fee for request to change particular
development approvals—Act, s 370 (1)
This
section applies to a request, under section 369(1)(c) of
the Act, to
the chief executive
as a concurrence agency
to change a condition of a development
approval imposed by the chief executive. (2)
For
section 370(2)(a)(ii) of the Act, the prescribed fee for the
request is— (a)
$285.65, if the development approval is only
for— (i) development for
an environmentally relevant
activity; or (ii)
operational work that is high impact
earthworks in a wetland protection area; or
(b) $506.60, if the development approval
is only for— (i) a material
change of
use of premises
for aquaculture; or (ii)
operational work for fisheries development,
other than for aquaculture; or (c)
$792.25, if the development approval is
for— (i) development mentioned in 1 of
paragraph (a)(i) or (ii); and (ii)
development mentioned in 1 of paragraph
(b)(i) or (ii). (3)
In
this section— Current as at 28 May 2014 Page
13
Sustainable Planning Regulation 2009
Part 3
Prescribed matters for IDAS [s 21D]
fisheries development means building
work in a declared fish habitat area or operational work that
is for— (a) 1 or more of the following—
(i) constructing or raising waterway
barrier works; (ii) work
carried out
completely or
partly within
a declared fish habitat area;
(iii) removal,
destruction or damage of a marine plant; and
(b) no other assessable
development. 21D Fee for extension request notice for
particular development approvals—Act, s 383
(1) This section
applies to
an extension request
notice for
a development approval if—
(a) the notice
is given to
the chief executive
as the assessment
manager for the development application to which the
approval relates; and (b) the
approval is
for development mentioned
in section 21C(2)(a) or
(b). (2) For section
383(3)(c)(ii) of
the Act, the
prescribed fee
that must accompany
the notice is $285.65. (3) In this
section— extension request notice , for a
development approval, means a
notice, under
section 383(1)(b)
of the Act,
asking the
assessment manager to extend a period
mentioned in section 341 of the Act for the
approval. Page 14 Current as at 28
May 2014
Part
4 Sustainable Planning Regulation 2009
Part
4 Prescribed matters for Act, chapter 7 [s 22]
Prescribed matters for Act,
chapter 7 22
Court
fees The fees payable for a proceeding in the
court are stated in schedule 20. 23
Building and development committee fees—Act,
ss 514 and 536 For sections
514(2) and 536(2) of the Act, the fees payable for
proceedings before a building and
development committee for a declaration or an appeal are stated
in schedule 21. 24 Building and development committee
fast-track fee—Act, ss 515 and 537 (1)
This
section prescribes the fee to accompany a request under
section 515(2) or 537(2) of the Act to the
chief executive to appoint a
building and
development committee
to start hearing
proceedings for a declaration or an appeal within 2
business days after starting the proceedings
or appeal. (2) The fee
payable under
this section
is 50% of,
and is in
addition to,
the fee payable
for the proceedings or
appeal under section
23. (3) However, if
the chief executive
refuses the
request, the
fee must be refunded. 25
Jurisdiction of building and
development committees—Act, s 526 A decision about
a part of a building development application for which part
the local government is the concurrence agency is prescribed
for section 526(c) of the Act. Current as at 28
May 2014 Page 15
Sustainable Planning Regulation 2009
Part 4
Prescribed matters for Act, chapter 7 [s 26]
26 Qualifications of general referee—Act,
s 571 (1) For section
571 of the
Act, each
of the following
qualifications or experience for a member of
a building and development committee that is to hear and
decide a matter is prescribed for the matter—
(a) a demonstrated ability—
(i) to negotiate and mediate outcomes
between parties to an appeal; and (ii)
to
apply the principles of natural justice; and (iii)
to
analyse complex technical issues; and (iv)
to communicate effectively, including, for
example, to
write informed,
succinct, and
well-organised reports,
submissions, decisions
or other documents; (b)
demonstrated knowledge of at least 1 of the
following the Minister considers is sufficient to
enable the person to perform the
functions of
a member of
the building and development
committee in relation to the matter— (i)
building design and construction;
(ii) siting of
residential buildings; (iii) neighbourhood
amenity issues; (iv) relevant health
or fire safety issues; (v) the
Act, the
Building Act
or the Plumbing
and Drainage Act 2002 ;
(vi) the
BCA, Queensland Development Code,
or Australian Standards relating to
building work; (vii) the National Plumbing and Drainage
Code, or the Australian Standards
relating to
plumbing and
drainage work. (2)
Subsection (3) applies if the matter is
about an infrastructure charges notice,
regulated infrastructure charges
notice, adopted
infrastructure charges
notice or
regulated State
infrastructure charges notice.
Page
16 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Part
4 Prescribed matters for Act, chapter 7 [s 26]
(3) A member of the building and
development committee need not have
the qualifications or
experience mentioned
in subsection (1)(b) if the Minister
considers the member has a qualification or
experience in
engineering or
accounting sufficient to
enable the person to perform the functions of a member of the
committee in relation to the matter. (4)
If the matter
is about a
part of
a building development application for
which part
the local government is
the concurrence agency,
and the part
is assessed against
the planning scheme,
at least 1
member of
the building and
development committee must also have—
(a) a university qualification in town
planning; and (b) substantial experience in
interpreting and
applying provisions of a
planning scheme. (5) If the matter is about a development
application for a material change of use of premises that
involves the use of a class 1, class 2 or class
10 building, at least 1 member of the building and development
committee must also have— (a) a university
qualification in town planning or law; and (b)
substantial experience in
interpreting and
applying provisions of a
planning scheme. (6) If the
matter is
about development, a
document or
work requiring
compliance assessment, at
least 1 member
of the building
and development committee
must also
have a
university or
professional qualification relevant
for hearing and deciding the
matter. Current as at 28 May 2014 Page
17
Sustainable Planning Regulation 2009
Part 5
Prescribed matters for Act, chapter 8 [s 27]
Part
5 Prescribed matters for Act,
chapter 8 27
Guidelines for priority infrastructure
plans—Act, s 627 (1) The guideline
for preparing priority
infrastructure plans
is contained in
the document called
‘Statutory guideline
01/11—Priority infrastructure plans’, dated
7 November 2011 and published by the department.
(2) The guideline for making or amending
priority infrastructure plans is contained in the document
called ‘Statutory guideline 01/14
Making and
amending local
planning instruments’, dated 17 April
2014 and published by the department. 28
Local
governments that must review priority infrastructure
plans—Act, s 628 The local governments mentioned
in schedule 22
are prescribed for section 628(1) of the
Act. 30 Trunk infrastructure charge rates—Act,
s 640 (1) For section 640 of the Act—
(a) the development for which a charge may
be levied is— (i) reconfiguring a lot; or
(ii) a
material change
of use of
premises that
is assessable development or development
requiring compliance assessment under a planning
scheme, temporary local planning instrument,
master plan or preliminary approval to which section 242
of the Act applies; or (iii)
carrying out
building work
that is
assessable development or
development requiring compliance assessment;
and (b) the charges are the amounts calculated
under schedule 23. Page 18 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Part
6 Prescribed matters for environmental impact statements
[s
31] (2) For calculating an amount under
schedule 23, a charge unit is the amount
decided by the relevant local government that is
applying schedule 23. (3)
However, a charge unit must not be more than
$2000. (4) A charge under subsection (1) applies
only for development that could reasonably be expected to
create or add to demand on the infrastructure network for
which the charge is taken. (5) If in relation
to infrastructure for which a charge is levied a
previous regulated infrastructure charge,
infrastructure charge or contribution has
been made,
the charge levied
must be
reduced by an amount that fairly represents
the current value of the amount previously paid.
Part
6 Prescribed matters for environmental
impact statements 31
Definitions for pt 6 In this
part— Commonwealth Minister
means the
Minister of
the Commonwealth responsible for
administering the
Commonwealth Environment Act.
designated proponent
, for development, means
the person designated as
a proponent for
the development under
the Commonwealth Environment Act, section
75(3). relevant impacts
has the meaning
given by
the Commonwealth Environment Act, section
82. 32 Development for which EIS process
applies—Act, s 688 (1) Development is prescribed for section
688 of the Act if— Current as at 28 May 2014 Page
19
Sustainable Planning Regulation 2009
Part 6
Prescribed matters for environmental impact statements
[s
33] (a) the Commonwealth Minister
has, under
the Commonwealth Environment Act—
(i) decided the
approach for
assessing the
relevant impacts
of the development is
assessment by
an accredited assessment process;
and (ii) given notice of
the decision; or Note — See
the Commonwealth Environment Act,
chapter 4,
part 8, division 3
(Decision on assessment approach). (b)
the relevant impacts
of the development are
to be assessed under a
bilateral agreement. (2) However, the
development must be development for which the chief executive
decides an EIS is required. (3)
Any
steps or actions taken in the EIS process before the action
mentioned in
subsection (1)(a)
happens are
taken to
have complied with
this part. (4) In this section— bilateral
agreement see
the Commonwealth Environment Act, section
45(2). 33 Criteria for making decision about
requirement for EIS In making a decision under section 32(2),
the chief executive must consider— (a)
the
importance of the development to the State or part of
the
State; and (b) the complexity of the development
including— (i) the size or nature of the development;
and (ii) the
number of
entities or
local government areas
potentially affected by the development;
and (c) the significance of
the potential environmental, economic and
social impacts of the development. Page 20
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Part
6 Prescribed matters for environmental impact statements
[s
34] 34 Criteria for public notification of
draft terms of reference for EIS—Act, s 691 For
section 691(1)(b)
of the Act,
the criteria for
public notification of
draft terms of reference for an EIS are— (a)
the complexity of
the matters mentioned
in the application for
terms of reference for the EIS; and (b)
the likely level
of public interest in the draft terms
of reference. 35
Content of draft terms of reference for EIS
and draft EIS—Act, ss 691 and 694 (1)
For
sections 691(3)(f) and 694(1)(a)(v) of the Act, each of the
following matters must be stated in a
notice— (a) the development’s name;
(b) the proponent’s name;
(c) if the
proponent and
designated proponent
for the development are
not the same
entity—the designated proponent’s
name; (d) the development’s location;
(e) any matter
mentioned in
the Commonwealth Environment Act,
section 34,
and protected by
a controlling provision for the
development. (2) In this section— controlling
provision , for development, means a provision
of the Commonwealth Environment Act,
chapter 2,
part 3,
decided by
the Commonwealth Minister
as a controlling provision for
the development under chapter 4, part 7, division
2 of
that Act. 36 Public notification of draft terms of
reference for EIS and draft EIS—Act, ss 691 and 694
For
sections 691(4) and 694(2) of the Act, a notice must be
published— Current as at 28
May 2014 Page 21
Sustainable Planning Regulation 2009
Part 6
Prescribed matters for environmental impact statements
[s
37] (a) in a newspaper circulating throughout
Australia; and (b) in a newspaper circulating generally
in the State. 37 Matters for inclusion in draft
EIS—Act, s 693 For section 693(2) of the Act, the draft EIS
must include the matters mentioned
in the Environment Protection and
Biodiversity Conservation Regulations 2000
(Cwlth), schedule
4. 38 Content of EIS assessment report—Act,
s 699 (1) For section 699(e) of the Act, an EIS
assessment report about an EIS for development must contain
each of the following— (a) the
development’s name; (b) the name
of the designated proponent
for the development; (c)
the
development’s location; (d) a description of
any matters of national environmental significance; (e)
a
summary of the relevant impacts of the development;
(f) a description of
feasible mitigation measures,
or changes to the development or
procedures, to prevent or minimise the development’s relevant
impacts, proposed by the proponent or suggested in relevant
submissions; (g) to the
extent practicable, a
description of
feasible alternatives to
the development identified in
the EIS process,
and the likely
impact of
the alternatives on
matters of national environmental
significance; (h) a statement
of conditions of
approval for
the development that may be imposed to
address impacts, identified in
the EIS process,
on matters of
national environmental
significance. (2) In this section— Page 22
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Part
7 Miscellaneous provisions [s 39] matters
of national environmental significance means
matters of national environmental
significance mentioned in the Commonwealth Environment Act,
chapter 2,
part 3,
division 1. relevant
submissions means
properly made
submissions, or
other submissions accepted
by the chief
executive under
section 695 of the Act. 39
To
whom EIS and other material must be given—Act, s 700
For
section 700(d) of the Act, the entity is the Commonwealth
Minister. Part 7
Miscellaneous provisions 40
When
structure plan arrangements apply to premises (1)
For this regulation, structure
plan arrangements apply
to premises if— (a)
the
premises is completely or partly in a declared master
planned area; and (b)
a
structure plan is in effect for the area; and (c)
an
entity that would have been a referral agency or the
assessment manager
for a development application relating
to the premises
is stated as
a coordinating agency or a
participating agency in the master planned area declaration
or structure plan for the area. (2)
In
this section— amending Act
means the
Sustainable Planning
and Other Legislation
Amendment Act (No. 2) 2012 . Current as at 28
May 2014 Page 23
Sustainable Planning Regulation 2009
Part 7
Miscellaneous provisions [s 40A] coordinating
agency means a coordinating agency as
defined under the
Act as in
force before
the enactment of
the amending Act. declared
master planned
area means
a declared master
planned area continued in existence under
chapter 10, part 6 of the Act. master planned
area declaration means a declaration made under section
133 of the Act, as in force before the enactment
of the amending
Act, that
identified an
area as
a declared master planned
area. participating agency means a
participating agency as defined under
the Act as
in force before
the enactment of
the amending Act. structure
plan , for a declared master planned area, means
the structure plan
for the area
continued in
existence under
chapter 10, part 6 of the Act.
40A Prescribed information and documents
for development applications—Act, s 736 For section
736(2)(a) of the Act— (a) the
prescribed information is
mentioned in
schedule 25A, part 1;
and (b) the prescribed documents
are mentioned in
schedule 25A, part
2. 41 Prescribed activities for particular
definitions under Act, sch 3 (1)
Each
of subsections (2) to (5) prescribes an environmentally
relevant activity, or an aspect of an
environmentally relevant activity, for the definition under the
Act, schedule 3, stated in the subsection. (2)
For the definition crude
oil or petroleum
product storage
ERA , the environmentally relevant
activity is chemical storage Page 24
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Part
8 Repeal provision [s 41A] under
the Environmental Protection Regulation 2008
, schedule 2, section 8(1)(c).
(3) For the definition dredging
ERA , the environmentally relevant
activity is
extractive and
screening activities under
the Environmental Protection Regulation 2008
, schedule 2,
section 16(1)(a). (4)
For the definition extraction ERA
, the environmentally relevant
activity is
extractive and
screening activities under
the Environmental Protection Regulation 2008
, schedule 2,
section 16(1)(b) or (c). (5)
For the definition screening
ERA , the
environmentally relevant
activity is
extractive and
screening activities under
the Environmental Protection Regulation 2008
, schedule 2,
section 16(1)(d). 41A
References to maintenance covers
For
this regulation, a reference to a sewer, stormwater drain or
water main includes a maintenance cover for
the sewer, water main or stormwater drain.
Part
8 Repeal provision 42
Repeal The
Integrated Planning
Regulation 1998,
SL No. 57
is repealed. Current as at 28
May 2014 Page 25
Sustainable Planning Regulation 2009
Part 9
Transitional provisions [s 43] Part 9
Transitional provisions Division 1
Transitional provision for Building
and
Other Legislation Amendment Regulation (No.
4) 2011 43 Applications for building development
approval to continue under pre-amended regulation
(1) This section
applies if,
before the
commencement, an
application for a building development
approval was made but not decided. (2)
The pre-amended regulation continues
to apply to
the application. (3)
In
this section— commencement means the
commencement of this section. pre-amended regulation means
this regulation as
in force immediately
before the commencement. Editor’s Note —
Sections 10 and 11 of the
Building and Other Legislation
Amendment Regulation (No. 3) 2013 SL No. 257 insert
pt 9 div 1 hdg and div 2 (s 44) on commencement of those
provisions. Division 2 Transitional
provision for Building and Other Legislation Amendment
Regulation (No. 3) 2013 44
Development applications involving child
care centres Schedule 7, table 1, item 10, as in force
immediately before the commencement of
this section,
continues to
apply to
development applications mentioned
in that item
that were
made
before the commencement. Page 26 Current as at 28
May 2014
Division 3 Sustainable
Planning Regulation 2009 Part 9 Transitional provisions
[s
45] Transitional Provision for
Sustainable Planning Amendment
Regulation (No. 7) 2013 45
Clearing of particular vegetation not
assessable development (1)
This
section applies if a development approval for a material
change of
use or reconfiguring a
lot is given
for a development
application— (a) made after 4 October 2004 and before 1
July 2013 for which the chief executive administering the
Vegetation Management Act is a concurrence agency for
clearing vegetation; or (b)
made
from 1 July 2013 for which the chief executive is a
concurrence agency for clearing
vegetation. (2) Clearing of
vegetation under
the approval is
taken to
be clearing under schedule 24, part 1,
section 1(1). Current as at 28 May 2014 Page
27
Sustainable Planning Regulation 2009
Schedule 1 Schedule 1
Designated regions section 4
Part
1 SEQ region Brisbane
Gold
Coast Ipswich Lockyer
Valley Logan Moreton
Bay Redland Scenic
Rim Somerset Sunshine
Coast the part of the local government area of
Toowoomba Regional Council delineated in black on maps SEQ RP
16 and SEQ RP 21 mentioned in schedule 1 of the State
planning regulatory provisions included
in the document
called ‘South
East Queensland Regional
Plan 2009–2031’ published
by the department Editor’s
note — Maps SEQ RP 16 and SEQ RP 21 are held
by the department and are available for inspection by members of
the public at the department’s head
office. Page 28 Current as at 28
May 2014
Part
2 Sustainable Planning Regulation 2009
Schedule 1 Far North
Queensland region Cairns Cassowary
Coast Tablelands Wujal
Wujal Yarrabah Part 3
North West region Cloncurry
Flinders McKinlay
Mount Isa Richmond
Part
4 Central West region Barcaldine Barcoo
Blackall Tambo Boulia
Diamantina Longreach
Winton Current as at 28
May 2014 Page 29
Sustainable Planning Regulation 2009
Schedule 1 Part 5
South West region Bulloo
Murweh Paroo
Quilpie Part 6
Maranoa—Balonne region Balonne
Maranoa Part 7
Wide
Bay Burnett region Bundaberg Cherbourg
Fraser Coast Gympie
North Burnett South
Burnett Page 30 Current as at 28
May 2014
Part
8 Sustainable Planning Regulation 2009
Schedule 1 Mackay, Isaac
and Whitsunday region Isaac
Mackay Whitsunday Part 9
Central Queensland region
Banana Central
Highlands Gladstone Rockhampton Woorabinda Part 10
Darling Downs region Balonne
Goondiwindi Maranoa
Southern Downs Toowoomba
Western Downs Current as at 28
May 2014 Page 31
Sustainable Planning Regulation 2009
Schedule 1 Part 11
Cape
York region Aurukun Cook
Hope
Vale Kowanyama Lockhart
River Mapoon Napranum
Northern Peninsula Area Pormpuraaw Weipa Town
Authority Wujal Wujal Page 32
Current as at 28 May 2014
Schedule 2 Sustainable
Planning Regulation 2009 Schedule 2 Community
infrastructure section 8 Part 1
Community infrastructure for
transport 1
active transport infrastructure
2 air transport infrastructure
3 ancillary works and
encroachments 4 busway transport infrastructure
5 light rail transport
infrastructure 6 miscellaneous transport
infrastructure 7 public marine transport
infrastructure 8 rail transport infrastructure
9 roads on State toll road corridor
land 10 State-controlled roads
11 transport infrastructure
mentioned in schedule 3
of the Act,
definition development
infrastructure 12 wharves, public
jetties, port
facilities and
navigational facilities 13
storage and
works depots
and similar facilities, including
administrative facilities associated with
the provision or
maintenance of
the community infrastructure mentioned
in this part 14
any
other facility for transport not mentioned in this part that
is
intended primarily to accommodate government functions
Current as at 28 May 2014 Page
33
Sustainable Planning Regulation 2009
Schedule 2 Part 2
Other community infrastructure
1 aged-care facilities
2 cemeteries and crematoriums
3 communication network
facilities 4 community and
cultural facilities, including
facilities where
an
education and care service under the Education and Care
Services National
Law (Queensland) is
operated or
a QEC approved service
under the Education and Care Services Act
2013 is operated,
community centres, meeting halls, galleries and
libraries 5 correctional facilities
6 educational facilities
7 emergency services facilities
8 facilities for parks and
recreation 9 hospitals and associated
institutions 10 oil and gas pipelines
11 operating works under the
Electricity Act 1994 12
sporting facilities 13
waste management facilities
14 water cycle management
infrastructure 15 storage and
works depots
and similar facilities, including
administrative facilities associated with
the provision or
maintenance of
the community infrastructure mentioned
in this part 16
any
other facility not mentioned in this part that is intended
primarily to accommodate government
functions Page 34 Current as at 28
May 2014
Schedule 3 Part 1
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Assessable development, self-assessable
development and type of assessment section 9
Assessable development Table 1—Building
work Column 1 Column 2
Column 3 For the Building
Act 1 For assessing building work under the
Building Code assessment Act, building
work that is not— (a) self-assessable development under part
2; and (b) declared under
the Building Act to be exempt development For declared fish
habitat area 2 Building work in a declared fish
habitat area if it Code assessment, if is not
self-assessable development under part 2 the chief
executive is the assessment manager
Current as at 28 May 2014 Page
35
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
2—Material change of use of premises Column 1
Column 2 Column 3
For
an environmentally relevant activity 1
Making a material change of use of premises
for For a concurrence an
environmentally relevant activity that, under ERA that is
devolved the Environmental Protection Regulation
2008 , to a local government
section 16, is identified as a concurrence
ERA under the (the
relevant ERA ), unless—
Environmental (a)
an
environmental authority to carry out a concurrence ERA
has been approved for the premises; and Protection
Regulation 2008 ,
code
assessment if the local government (b)
the
relevant ERA and concurrence ERA is the
assessment mentioned in paragraph (a) are to be
carried manager out under the
environmental authority; and For all
other (c) under the Environmental
Protection environmentally Regulation
2008 , section 14(1), the relevant
relevant activities, ERA has a lower
aggregate environmental code assessment if score than the
concurrence ERA mentioned the chief executive is
in
paragraph (a) the assessment manager
For a
brothel 2 Making a material change of use of
premises for Code assessment, if a brothel
premises in an industrial area
or on strategic port land Impact
assessment, if premises in an area other than
an industrial area or on strategic port
land unless a local planning
instrument, or amendment of a local
planning instrument made after 1 July
2000, requires code assessment
Page
36 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
2—Material change of use of premises Column 1
Column 2 Column 3
On
strategic port land 3 Making a material change of use of
premises on Code assessment strategic port
land that is inconsistent with the land use plan
approved under the Transport Infrastructure
Act, section 286 On airport land 4
Making a material change of use of premises
on Code assessment, airport land that
is inconsistent with the land use unless the land
use plan approved under the Airport
Assets plan requires impact (Restructuring
and Disposal) Act 2008 , chapter assessment
3,
part 1 Impact assessment, if the land use
plan requires impact assessment
For a
major hazard facility 5 Making a material
change of use of premises for Code assessment,
if a major hazard facility or proposed major
hazard the chief executive is facility
the
assessment manager Current as at 28
May 2014 Page 37
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
2—Material change of use of premises Column 1
Column 2 Column 3
Contaminated land management
6 Making a material change of use of a
potentially Code assessment, if affected premises
unless— the chief executive is (a)
all
of the following apply— the assessment manager
(i) a suitability statement has been
given for the premises; (ii)
a
site management plan has been approved in
relation to the proposed use; (iii) the
material change of use only involves— (A)
the
fit-out of a building; or (B) minor site
excavation, including, for example, post holes for
open-sided non-habitable structures;
or (b) the proposed use is industrial and
only involves minor site excavation,
including, for example, post holes for
open-sided non-habitable structures 7
Making a potentially sensitive material
change of Code assessment, if use of premises
if all or part of the premises is— the chief
executive is (a) ulassetdufsoerd,
oforri,fatnheinreduisstnroialexaicsttiivnigtyu(soet,
hweras mtheanaasgseerssment than a mining
activity or a chapter 5A activity); or (b)
in an
area for which an area management advice has been
given for natural mineralisation or industrial activity
(other than for a mining activity or a chapter
5A activity) Page 38
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
2—Material change of use of premises Column 1
Column 2 Column 3
For
aquaculture 10 Making a material change of use of
premises for Code assessment, if aquaculture if it
is not self-assessable the chief executive is
development under part 2 the
assessment manager For a wild river
area 11 Making a material change of use of
premises to Code assessment, if the extent the
premises is in a wild river area and the chief
executive is the proposed use is for agricultural
activities or the assessment animal husbandry
activities, as defined under the manager
Wild
Rivers Act 2005 Current as at 28 May 2014 Page
39
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
3—Reconfiguring a lot Column 1 Column 2
Column 3 Under the
Land Title
Act 1994 1
Reconfiguring a lot under the
Land
Title Act Code assessment, 1994
,
unless the reconfiguration requires unless a
planning compliance assessment under schedule 18,
the scheme, temporary reconfiguration
is under a relevant instrument of local
planning lease or the plan of subdivision necessary
for the instrument, master reconfiguration— plan or
preliminary (a) isdsuoarefsbacuneioldtoisfnutghbedfoilvraminddae;tloparnladnoonf
sourbbdeilvoiwsiothnethat sAiamepccppttriaaoocpvntpaa2llsi4etso2seswrosefmhqtiuehcinhertes
(b) is for the amalgamation of 2 or more
lots; or (c) is for the
incorporation, under the Body Corporate and
Community Management Act 1997 , section 41, of
a lot with common property for a community titles scheme;
or (d) is for the conversion, under
the Body Corporate and Community
Management Act 1997 , section 43, of
lessee common property within the meaning of that Act to
a lot in a community titles scheme; or
(e) is in relation to the acquisition,
including by agreement, under the Acquisition Act
or otherwise, of land by— (i)
a
constructing authority, as defined under that Act,
for a purpose set out in parts 1 to 13 (other than part
10, second dot point) of the schedule to
that
Act; or (ii) an authorised electricity entity;
or (f) is for land held by the State, or a
statutory body representing the State, and the land
is being subdivided for a purpose set out
in the Acquisition Act, schedule, parts 1 to
13 (other than part 10, second dot
point) whether or not the land relates to an
acquisition; or Page 40
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
3—Reconfiguring a lot Column 1 Column 2
Column 3 (g)
is
for reconfiguring a lot comprising strategic port
land; or (h) is for reconfiguring a South Bank lot
within the corporation area under the
South
Bank Corporation Act 1989 ; or
(i) is for the Transport Infrastructure
Act, section 240; or (j)
is in
relation to the acquisition of land for a water
infrastructure facility; or (k) is for land in a
priority development area; or (l)
is
for implementing the Aboriginal and Torres Strait
Islander Land Holding Act 2013 Current as at 28
May 2014 Page 41
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
4—Operational work Column 1 Column 2
Column 3 For clearing
native vegetation 1 Operational work that is the clearing
of native Code assessment, if vegetation
on— the chief executive is (a)
freehold land; or the
assessment manager (b)
indigenous land; or (c)
any
of the following under the Land Act 1994
— (i) land subject to a
lease; (ii) a road; (iii) trust land,
other than indigenous land; (iv) unallocated State
land; (v) land subject to a licence or
permit; unless the clearing is— (d)
on
premises to which structure plan arrangements
apply; or (e) clearing, or for another activity or
matter, mentioned in schedule 24, part 1; or
(f) clearing mentioned in schedule 24,
part 2 for the particular land Page 42
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
4—Operational work Column 1 Column 2
Column 3 Associated with
reconfiguration 2 Operational work for reconfiguring a
lot, other If the operational than a lot in a
priority development area, if the work is
for reconfiguration is also assessable
development residential, commercial
or industrial purposes in a wild
river area—code assessment,
unless a planning scheme, temporary
local planning instrument, master plan
or preliminary approval to which section
242 of the Act applies requires
impact assessment Otherwise—code assessment
Current as at 28 May 2014 Page
43
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
4—Operational work Column 1 Column 2
Column 3 For taking or
interfering with water 3 Operational work
(other than work carried out in Code assessment,
if a priority development area or on premises
to the chief executive is which structure
plan arrangements apply) that the
assessment involves— manager
(a) taking or interfering with water from
a watercourse, lake or spring or from a
dam constructed on a watercourse or lake,
unless— (i)
the
taking or interfering is permitted under the
Water
Act 2000 , chapter 2, part 2, division
1A; or (ii) the work is self-assessable
development under part 2; or
(iii)
the work involves the replacement of a pump if the
capacity of the new pump to take water is no greater than
the capacity of the existing pump; or
(iv) the work involves the installation of
a pump to take water under a water
entitlement if the water entitlement—
(A) is managed
under a
resource operations
licence, an
interim resource
operations licence or a distribution operations
licence granted
under the
Water Act
2000 ; or (B)
states the
rate at which
water may be taken;
or (v) the interfering is authorised under
a water licence and the work complies
with
the conditions of the licence; or (b)
taking, or interfering with, artesian water
as defined under the Water Act
2000 , schedule 4, other than
through a monitoring bore; or (c)
taking, or interfering with—
(i) overland flow water, if the
operations are mentioned as assessable
development in a wild river
declaration; or Page 44
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
4—Operational work Column 1 Column 2
Column 3 (ii)
subartesian water— (A)
if
the operations are mentioned as
assessable development in
a water resource
plan or a
wild river declaration, or
prescribed as assessable
development under a regulation under the Water Act
2000 ; and (B)
other than
through an
exempt bore; or
(d) interfering with overland flow water
in an area declared under the Water Act
2000 to be a drainage and embankment area if
the operations are declared under that Act to
be assessable development; or
(e) interfering with overland flow water
in a wild river floodplain management area
if the operations are specified works or
stated in the wild river declaration for the area
to be assessable development; or
(f) taking overland flow water, if
the operations are mentioned as
assessable development in a water resource plan,
or prescribed as assessable development
under a regulation under the Water Act
2000 For particular dams 4
Operational work that is the construction of
a Code assessment, if dam or is carried
out in relation to a dam if, the chief
executive is because of the work, the dam must be
failure the assessment impact
assessed manager Current as at 28
May 2014 Page 45
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
4—Operational work Column 1 Column 2
Column 3 For tidal works,
or work within a coastal management district 5
Operational work (other than excluded
work , Code assessment, if
work
that is self-assessable development under in a local
government part 2, table 4, item 8, work carried out in
a tidal area and a local priority
development area and work carried out government is
the on premises to which structure plan
arrangements assessment manager apply) that
is— Code assessment, if (a)
tidal
works; or in a coastal management
district (b) any of the following carried out
completely and the chief or partly within
a coastal management executive is the district—
assessment manager (i)
interfering with quarry material as
defined under the Coastal Protection
and
Management Act on State coastal land above
high-water mark; (ii) disposing of dredge spoil or
other solid waste material in tidal water;
(iii)
constructing an artificial waterway; (iv)
removing or interfering with coastal
dunes
on land, other than State coastal land, that is in
an erosion prone area as defined in the Coastal Protection
and Management Act and above high-water
mark For constructing or raising waterway barrier
works 6 Operational work that is the
constructing or Code assessment, if raising of
waterway barrier works, other than the chief
executive is operational work that is
self-assessable the assessment development under
part 2 or carried out on manager premises to which
structure plan arrangements apply For works in a
declared fish habitat area 7 Operational work
completely or partly within a Code assessment,
if declared fish habitat area, other than
operational the chief executive is work that is
self-assessable development under the
assessment part 2 manager
Page
46 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
4—Operational work Column 1 Column 2
Column 3 For removal,
destruction or damage of marine plants 8
Operational work that is the removal,
destruction Code assessment, if or damage of a
marine plant, other than the chief executive is
operational work that is—
the
assessment (a) for reconfiguring a lot that is
assessable manager development under
table 3, item 1, if there is a development permit in effect for
the reconfiguration; or (b)
for a
material change of use that is assessable
development, if there is a development permit in effect for the
change of use; or (c)
self-assessable development under part
2; or (d) carried out in a
priority development area; or (e)
carried out on premises to which
structure plan arrangements apply For a wild river
area 9 Operational work for agricultural
activities or Code assessment, if animal husbandry
activities (as defined under the the chief
executive is Wild Rivers Act 2005 ) in a wild river
area if the the assessment operational work
is declared to be assessable manager
development under the wild river declaration
for the area Current as at 28
May 2014 Page 47
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
4—Operational work Column 1 Column 2
Column 3 For a wetland
protection area 10 Operational work that is high impact
earthworks Code assessment, if in a wetland
protection area, other than the chief executive is
operational work— the
assessment (a) for a domestic housing activity;
or manager (b)
that
is the natural and ordinary consequence of development
involving— (i) a material change of use for which
the chief executive or the chief
executive (environment) was a concurrence
agency under schedule 7, table 3,
item 21A; or (ii)
reconfiguring a lot for which the
chief executive or the chief executive
(environment) was a concurrence
agency under schedule 7, table 2,
item 43A; or (c)
associated with government supported
transport infrastructure or
electricity infrastructure For construction
of new levees or modification of existing levees
11 Operational work that is—
Code
assessment (a) construction of a new category 2
levee; or (b) modification of an existing levee if,
after the modification, the levee will fulfil
the requirements for a category 2 levee
12 Operational work that is—
Impact assessment (a)
construction of a new category 3 levee;
or (b) modification of an existing levee if,
after the modification, the levee will fulfil
the requirements for a category 3 levee
Page
48 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 1
Table
5—Various aspects of development Column 1
Column 2 Column 3
For
removal of quarry material 1 All aspects of
development for removing quarry Code assessment,
if material from a watercourse or lake if
an the chief executive is allocation notice
is required under the Water Act the
assessment 2000 for the removal, other than
development manager that is—
(a) in a priority development area;
or (b) carried out on premises to which
structure plan arrangements apply Development on
Queensland heritage place 2 All aspects of
development on a Queensland Code assessment, if
heritage place, other than
development— the chief executive is (a)
fthoer w Q
h u i
e c e
h ns a
l n an
e d xe
H m e
p r t
i i ta
o g n
e c A
er c t
t if 1
ic 9 a
9 t 2
e huansdbeeren mtheanaasgseerssment issued; or
(b) that, under section 78 of that Act,
is liturgical development; or
(c) carried out by the State; or
(d) in a priority development area
Development on local heritage place
3 All aspects of development on a local
heritage Code assessment, place, other
than— unless a planning (a)
development that is self-assessable
development under part 2, table 1, item
1; or scheme, temporary local
planning instrument, master plan or
preliminary (b) development to which chapter 9, part 5
of approval to which the Act applies;
or section 242 of the (c)
development carried out by the State
on designated land; or Act applies
requires impact assessment (d)
development mentioned in schedule 4
Current as at 28 May 2014 Page
49
Sustainable Planning Regulation 2009
Schedule 3 Part 2
Table
5—Various aspects of development Column 1
Column 2 Column 3
Development on strategic port land
6 All aspects of development on
strategic port land, Code assessment other than
development mentioned in table 2, item 3, if the
land use plan for the strategic port land approved
under the Transport Infrastructure Act, section 286,
states the development is assessable development
Development on airport land
7 All aspects of development on airport
land, other Code assessment, than development
mentioned in table 2, item 4, if unless the land
use the land use plan for the airport port
land plan requires impact approved under
the Airport Assets (Restructuring
assessment a
th n e
d d D
ev is e
p lo o
p sa m
l) en A
t c i
t s 2
a 0 s
0 s 8
es,scahbalpetderev3e,lpoaprmt
1e, nst tates
tIhmeplaacntdasusseesspmlaennt,
if requires impact assessment
Part
2 Self-assessable development
Table
1—Building work By the State, a public sector entity or a
local government 1 Building work carried out by or on
behalf of the State, a public sector entity or a local
government, other than building work declared under the Building
Act to be exempt development For the
Building Act
1975 2 For assessing
building work against the Building Act, building work
declared under that Act to be self-assessable
development Page 50 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 2
Table
1—Building work For declared fish habitat area
3 For assessing building work against
the Fisheries Act, building work in a declared fish
habitat area if the work is reasonably necessary for—
(a) the maintenance of existing
structures, including, for example, the following
structures, if the structures were constructed in compliance
with
all the requirements, under any Act, relating to a structure of
that type— (i)
boat
ramps, boardwalks, drains, fences, jetties, roads, safety
signs, swimming enclosures and weirs;
(ii) powerlines or associated powerline
infrastructure; or (b) educational or research purposes
relating to the declared fish habitat area; or
(c) monitoring the impact of development
on the declared fish habitat area; or
(d) the construction of structures,
including, for example, safety signs, swimming
enclosures and aids to navigation, if— (i)
the
impact on the area is minor; and (ii)
the
structures are constructed in compliance with all the
requirements, under any Act, relating to a
structure of that type Current as at 28 May 2014
Page
51
Sustainable Planning Regulation 2009
Schedule 3 Part 2
Table
2—Material change of use of premises For
aquaculture 1 For assessing a material change of use
of premises against the Fisheries Act, making a material
change of use of premises for aquaculture if the change of
use
of premises does not cause the discharge of waste into Queensland
waters and the aquaculture— (a)
is— (i) of indigenous
freshwater fish species mentioned in the Fisheries
Regulation 2008 , schedule 10C;
and (ii) in a catchment listed in that schedule
for that species for aquarium display or human
consumption only; and (iii) carried out in ponds, or using
above-ground tanks, that have a total water surface
area of no more than 5ha; or (b)
is of
indigenous freshwater fish for aquarium display or human
consumption only, or non-indigenous
freshwater fish for aquarium display only, and
is carried out using only above-ground tanks that
have— (i)
a
floor area, excluding water storage area, of no more than
50m 2 ; and
(ii) a roof impervious to rainwater;
or (c) is of indigenous marine fish for
aquarium display only and is carried out using only
above-ground tanks that have a total floor area, excluding
water
storage areas, of no more than 50m 2
Table
3—Reconfiguring a lot 1 Table not
used Page 52 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 2
Table
4—Operational work For taking or interfering with water
1 For assessing operational work against
the Water Act 2000 , operational
work (other than work carried out in a priority
development area or on premises to which structure
plan arrangements apply) that involves— (a)
taking or interfering with water in a
watercourse, lake or spring if the operations are
mentioned as self-assessable development in a water
resource plan or a wild river declaration,
unless— (i) the taking or interfering is permitted
under the Water Act 2000 ,
chapter 2, part 2, division 1A; or
(ii) the work involves the replacement of a
pump if the capacity of the new pump to take water is no greater
than the capacity of the existing pump; or (iii) the work
involves the installation of a pump to take water under a
water
entitlement if the water entitlement— (A)
is
managed under a resource operations licence, an interim
resource operations licence or a
distribution operations licence granted under
the Water Act 2000 ; or
(B) states the rate at which water may be
taken; or (iv) the interfering is authorised under a
water licence and the work complies with the conditions of the
licence; or (b) taking or interfering with—
(i) overland flow water, if the operations
are mentioned as self-assessable development in a wild river
declaration; or (ii) subartesian water— (A)
if
the operations are mentioned as self-assessable development
in a
water resource plan or a wild river declaration; and
(B) other than through an exempt bore;
or (c) interfering with overland flow water
in an area declared under the Water
Act
2000 to be a drainage and embankment area if the
operations are declared under that Act to be
self-assessable development; or (d)
interfering with overland flow water in a
wild river floodplain management area if the operations are
declared under the wild river declaration for
the area to be self-assessable development; or (e)
taking overland flow water, if the
operations are mentioned as self-assessable development in a water
resource plan, or prescribed as self-assessable
development under a regulation under the Water Act
2000 Current as at 28 May 2014 Page
53
Sustainable Planning Regulation 2009
Schedule 3 Part 2
Table
4—Operational work For waterway barrier works
2 For assessing operational work against
the Fisheries Act, operational work for constructing or
raising waterway barrier works (other than work carried out
in a wild river area or on premises to which
structure plan arrangements apply), if the waterway
barrier works are— (a) temporary; or (b)
minor; or (c)
rebuilt on a regular basis
2A For assessing operational work against
the Fisheries Act, operational work in a wild river area
that is the construction or raising of waterway barrier works,
if the waterway barrier works are—
(a) temporary; and (b)
necessary for the maintenance of—
(i) existing specified works; or
(ii) existing waterway barrier works
For
works in a declared fish habitat area 3
For
assessing operational work against the Fisheries Act, operational
work completely or partly within a declared fish
habitat area if the works are reasonably
necessary for— (a) the maintenance of existing
structures, including, for example, the following
structures, if the structures were constructed in compliance
with
all the requirements, under any Act, relating to a structure of
that type— (i)
boat
ramps, boardwalks, drains, fences, jetties, roads, safety
signs, swimming enclosures and weirs;
(ii) powerlines or associated powerline
infrastructure; or (b) educational or research purposes
relating to the declared fish habitat area; or
(c) monitoring the impact of development
on the declared fish habitat area; or
(d) the construction or placement of
structures, including, for example, safety signs,
swimming enclosures and aids to navigation, if— (i)
the
impact on the area is minor; and (ii)
the
structures are constructed in compliance with all the
requirements, under any Act, relating to a
structure of that type; or (e) public benefit
works, including, for example, the construction of runnels
for
mosquito control, the removal of Lyngbya and seed collection for
site rehabilitation, if the impact on the area is
minor Page 54 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 3 Part 2
Table
4—Operational work For the removal, destruction or damage of
marine plants 4 For assessing operational work against
the Fisheries Act, operational work (other than work
on premises to which structure plan arrangements apply) that
is
the removal, destruction or damage of a marine plant if the
removal, destruction or damage— (a)
is of
dead marine wood on unallocated State land, other than in a
wild river area, for trade or commerce; or
(b) is reasonably necessary for the
maintenance of existing structures, including, for
example, the following structures, if the structures were
constructed in compliance with all the
requirements, under any Act, relating to a
structure of that type— (i) boat ramps,
boardwalks, drains, fences, jetties, roads, safety signs,
swimming enclosures and weirs;
(ii) drainage structures;
(iii)
powerlines or associated powerline infrastructure; or
(c) is reasonably necessary for
educational or research purposes or for monitoring the
impact of development on marine plants; or (d)
is
reasonably necessary for the construction or placement of
structures, including, for example, swimming enclosures,
safety signs, aids to navigation, fences, pontoons, public
boat ramps and pipelines, if— (i)
the
extent of the removal, destruction or damage is minor; and
(ii) the structures were constructed in
compliance with all the requirements, under any Act, relating
to a structure of that type; or (e)
is
reasonably necessary for the construction of runnels for
mosquito control, removal of Lyngbya, seed collection
for site rehabilitation or the collection of
marine plants for fishing bait or handicraft For local
government roads 5 For assessing road works on a local
government road, other than in a priority development area,
under the Transport Planning and Coordination Act
1994 , section 8C, operational works that are
road works on a local government road For wetland
protection areas 6 Operational work that is high impact
earth works carried out for government supported
transport infrastructure in a wetland protection area
7 Operational work that is high impact
earth works carried out for electricity infrastructure in
a wetland protection area Current as at 28 May 2014
Page
55
Sustainable Planning Regulation 2009
Schedule 3 Part 2
Table
4—Operational work For tidal works, or works within a coastal
management district 8 Operational work mentioned in part 1,
table 4, item 5(a) or (b)(i) if— (a)
the
work is undertaken by a local government or the Gold Coast
Waterways Authority under the
Gold
Coast Waterways Authority Act 2012
, or
undertaken by or on behalf of the department administering
the Transport Infrastructure Act or the
Transport Planning and Coordination
Act
1994 ; and (b)
the
work is mentioned in a code for the self-assessable operational
work declared under the Coastal
Protection and Management Regulation 2003 to be a code for
IDAS For construction of new levees or
modification of existing levees 9
Operational work that is—
(a) construction of a new category 1
levee; or (b) modification of an existing levee if,
after the modification, the levee will fulfil the
requirements for a category 1 levee Page 56
Current as at 28 May 2014
Schedule 4 Sustainable
Planning Regulation 2009 Schedule 4 Development that
can not be declared to be development of
a
particular type—Act, section 232(2)
section 10 Table 1—Building
work 1 Table not used Table 2—Material
change of use of premises For a class 1 or 2 building
1 Making a material change of use of
premises for a class 1 or 2 building under the BCA,
part A3 if the use is for providing support services and
short-term accommodation for persons
escaping domestic violence Current as at 28 May 2014
Page
57
Sustainable Planning Regulation 2009
Schedule 4 Table 2—Material
change of use of premises For particular class 1 building or
class 10 building or structure 2
Making a material change of use of premises
for a class 1(a)(i) building, class 1(a)(ii)
building comprising not more than 2 attached dwellings or a
class
10 building or structure under the BCA if— (a)
the
use is for a residential purpose in a residential zone; and
(b) for an existing class 1(a)(i) building
or class 1(a)(ii) building comprising not more than 2 attached
dwellings—the material change of use involves
the repair, renovation, alteration or addition to the
building; and (c)
for a
class 1(a) building not mentioned in paragraph (b)—there is
no existing dwelling house on the premises;
and (d) the development is not self-assessable
development under a planning scheme, temporary
local planning instrument, master plan or a preliminary
approval to which section 242 of the Act applies; and
(e) either— (i)
no
overlay, as identified in the planning scheme and relevant
to assessment of the material change of use,
applies to the premises for the material change of use;
or (ii) only an overlay about bush fire
hazards applies to the premises and the premises
are less than 2000m 2 ; and (f)
for a
class 1(a)(ii) building comprising not more than 2 attached
dwellings—the local government for the
planning scheme area has, by resolution, decided to apply this
item to that class of building Table
3—Reconfiguring a lot Other than a lot within the meaning of
the Land Title
Act 1994 1
Reconfiguring a lot other than a lot within
the meaning of the Land Title Act 1994
Page
58 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 4 Table
3—Reconfiguring a lot Under the Land
Title Act
1994 2 Reconfiguring a
lot under the Land Title Act 1994 , if the
reconfiguration is under a relevant instrument of lease or the
plan of subdivision necessary for the
reconfiguration— (a) is a building format plan of
subdivision that does not subdivide land on or below the
surface of the land; or (b) is for the
amalgamation of 2 or more lots; or (c)
is
for the incorporation, under the Body Corporate
and Community Management Act 1997 , section 41, of
a lot with common property for a community
titles scheme; or (d) is for the conversion, under
the Body Corporate and Community
Management Act 1997 , section 43, of
lessee common property within the meaning of that Act to a
lot in a community titles scheme; or
(e) is in relation to the acquisition,
including by agreement, under the Acquisition Act
or otherwise, of land by— (i) a constructing
authority, as defined under that Act, for a purpose
set
out in parts 1 to 13 (other than part 10, second dot point)
of the schedule to that Act; or
(ii) an authorised electricity entity;
or (f) is for land held by the State, or a
statutory body representing the State, and the
land is being subdivided for a purpose set out in the
Acquisition Act, schedule, parts 1 to 13
(other than part 10, second dot point), whether or not the land
relates to an acquisition; or (g)
is
for reconfiguring a lot comprising strategic port land; or
(h) is for the Transport Infrastructure
Act, section 240; or (i) is in relation to the acquisition of
land for a water infrastructure facility;
or (j) is for implementing the
Aboriginal and Torres Strait Islander
Land Holding Act 2013 Table
4—Operational work By or on behalf of a public sector
entity 1 Operational work or plumbing or
drainage work (including maintenance and repair work)
if the work is carried out by or on behalf of a public
sector entity authorised under a State law to carry
out the work Current as at 28 May 2014 Page
59
Sustainable Planning Regulation 2009
Schedule 4 Table
4—Operational work For ancillary works and encroachments
2 Operational work that is ancillary
works and encroachments that are— (a)
carried out in compliance with requirements
specified by gazette notice by the chief executive administering
the Transport Infrastructure Act; or (b)
done
as required by a contract entered into under the Transport
Infrastructure Act, section 50, with the
chief executive administering that Act
For
substitute railway crossing 3 Operational work
for the construction of a substitute railway crossing by a
railway manager in response to an emergency
under the Transport Infrastructure Act, section 169
Performed by railway manager
4 Operational work performed by a
railway manager, within the meaning of the Transport
Infrastructure Act, under section 260 of that Act
Under
a rail feasibility investigator’s authority 5
Operational work carried out under a rail
feasibility investigator’s authority granted under the
Transport Infrastructure Act Under the Coastal
Protection and Management Act 6
Operational work that is the digging or
boring into land by an authorised person under the
Coastal Protection and Management Act, section 134
7 Operational work for an aid to
navigation or sign for maritime navigation For subscriber
connections 8 Operational work for a subscriber
connection Page 60 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 4 Table
4—Operational work For agriculture 9
Operational work associated with—
(a) management practices for the conduct
of an agricultural use, other than—
(i) the clearing of native vegetation;
or (ii) operations of any kind and all things
constructed or installed for taking or
interfering with water (other than using a water truck
to
pump water) if the operations are for taking or interfering
with
water under the Water Act 2000 ; or
(b) weed or pest control, unless it
involves the clearing of native vegetation;
or (c) the use of fire under the
Fire
and Emergency Services Act 1990 ; or
(d) the conservation or restoration of
natural areas; or (e) the use of premises for forest
practices For removing quarry material
10 Operational work for removing quarry
material from a State forest, timber reserve, forest
entitlement area or Crown land as defined under the
Forestry Act 1959
For
the removal, destruction or damage of marine plants
11 Operational work that is the removal,
destruction or damage of a marine plant
Current as at 28 May 2014 Page
61
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development Mining and petroleum activities
1 Development for an activity authorised
under— (a) the Mineral Resources
Act 1989 , including an activity for the
purpose of 1 or more of the following Acts—
• Alcan Queensland Pty. Limited
Agreement Act 1965 • Central Queensland Coal Associates
Agreement Act 1968 • Commonwealth Aluminium Corporation
Pty. Limited Agreement Act 1957 •
Mount
Isa Mines Limited Agreement Act 1985 •
Queensland Nickel Agreement Act 1970
• Thiess Peabody Coal Pty. Ltd.
Agreement Act 1962 ; or (b) the
Petroleum Act 1923 or the
Petroleum and Gas (Production and
Safety) Act 2004 (other than an
activity relating to the construction and operation of
an oil refinery); or (c) the Petroleum
(Submerged Lands) Act 1982 ; or (d)
the Offshore Minerals Act 1998
2 All aspects of development for a
mining activity to which an environmental authority under
the Environmental Protection Act applies 3
All
aspects of development for petroleum activities Geothermal
exploration 4 Any aspect of development for
geothermal exploration carried out under a geothermal
exploration permit under the Geothermal Energy
Act 2010 GHG storage activities 5
Any
aspect of development for a GHG storage activity carried out under
a GHG authority under the Greenhouse Gas
Storage Act 2009 Directed under a notice, order or direction
under a State law 6 All aspects of development a person is
directed to carry out under a notice, order or
direction made under a State law Page 62
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development Community infrastructure
activities 7 All aspects of development—
(a) for the maintenance, repair,
augmentation, upgrading, duplication or widening of
State-controlled road infrastructure; or (b)
for
ancillary works and encroachments carried out by the State;
or (c) adjacent to a State-controlled road
and ancillary to the construction, maintenance,
repair, augmentation, upgrading, duplication or widening of the
road, such as excavating, crushing, screening, cutting, filling,
preparing road construction material (including concrete),
storing materials, removing vegetation, dam building, site
offices and worker accommodation
8 All aspects of development for the
maintenance, repair, upgrading, augmentation or
duplication of— (a) rail transport infrastructure;
or (b) other rail infrastructure; or
(c) miscellaneous transport
infrastructure; or (d) busway transport infrastructure;
or (e) light rail transport
infrastructure 9 All aspects of development for a
supply network for electricity, as defined under the
Electricity Act 1994 , or for private
electricity works that form an extension of or
provide service connections to properties from the network,
if
the network operates at standard voltages up to and including 66kV,
other than any aspect of development for—
(a) the construction of a new zone
substation or bulk supply substation; or
(b) the augmentation of an existing zone
or bulk supply substation if the input or output
standard voltage is significantly increased 10
All
aspects of development for the construction of— (a)
the
busway project known as Northern Busway (Windsor to Kedron)
described in the document called ‘Northern
Busway (Windsor to Kedron) Project Change Report’ of May 2008;
and (b) the toll road project known as Airport
Link described in the Coordinator-General’s report for the
EIS, and change report, for the project under
the State Development and Public Works
Organisation Act 1971 Editor’s
note — The documents mentioned in this item
are held by, and are available for inspection on
the website of, City North Infrastructure Pty Ltd ACN 123
249 874. Current as at 28
May 2014 Page 63
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development 10A All aspects of
development carried out before 1 July 2015 for the
construction of the light rail project known
as the Gold Coast Rapid Transit project, to
provide light rail transport infrastructure along the route
shown on the map included in the document called
‘Gold Coast rapid transit interactive map features’ dated 10
March 2011 Editor’s note —
The
document called ‘Gold Coast rapid transit interactive map features’
dated 10 March 2011 is available at
<www.goldcoastrapidtransit.qld.gov.au>. 10B
All
aspects of development for the construction of the rail project
known as Moreton Bay Rail Link described in the
document called ‘Moreton Bay Rail Link, Figure
01, Rev A’ Editor’s note —
The
document called ‘Moreton Bay Rail Link, Figure 01, Rev A’ is
available for inspection at the offices of the
Department of Transport and Main Roads during business
hours and on the department’s website at <www.tmr.qld.gov.au>.
10C All aspects of development for the
construction of the underground busway and railway
infrastructure project known as BaT to provide busway and
rail transport infrastructure along the route
shown on the map called ‘Draft Reference Design
for Consultation Purposes’ dated March 2014 Editor’s
note — The map is available for inspection at
the offices of the Department of Transport and
Main Roads during business hours and on the department’s
website at
<www.tmr.qld.gov.au>. Page 64
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development 11 (1)
All
aspects of development for an educational facility or
community and cultural facility funded under the
relevant program, if all of the following apply
in relation to the development— (a)
at
least 50% of the total funding for the development is
provided under the relevant program;
(b) at least 10 business days before the
development is started, an entity representing the school at
which the development is to be carried out gives
the local government for the area in which the school is located
written notice of the proposed development; (c)
the
height of any building or covered outdoor area for the
facility is not more than the higher
of— (i) the height of the tallest building on
the existing school campus on which the facility is located;
or (ii) 15m above ground level;
(d) for development on land that shares a
boundary with residential land— (i)
any
single storey classroom or library is located at least 3m
from
the boundary; and (ii) any multistorey classroom or library
is located at least 6m from the boundary; and
(iii)
any multipurpose hall or covered outdoor area is located at
least
10m from the boundary; and (iv) any trade training centre is
located at least 20m from the boundary;
(e) all buildings for the facility are
located— (i) at least 6m from a road frontage;
or (ii) if any existing building on the land
on which the facility is to be located is less than 6m from a
road frontage—at least the same distance from the road
frontage as the building closest to it; (f)
for a
facility that involves the installation of external
floodlights, the installation of the floodlights complies
with each of the following— (i)
AS
4282 ‘Control of the Obtrusive Effects of Outdoor
Lighting’; (ii)
AS
2560.1-2002 ‘Sports Lighting—General Principles’;
(g) for a facility that includes a
classroom, library, multipurpose hall or trade training
centre, the facility is completely within an existing school
campus; Current as at 28 May 2014 Page
65
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development (ga) for a facility that is a trade
training centre, the facility is designed and
constructed using appropriate measures to ensure
noise
associated with the use of the facility does not exceed
5db(A) above the background level of noise
measured— (i) between 7a.m. and 7p.m.; and
(ii) at the boundary of the campus nearest
to the facility; Examples of appropriate measures
— construction materials designed to
reduce noise, building orientation, noise barriers
(h) the development does not involve the
construction or extension of any vehicular access to the
premises, other than a vehicular access for
persons with a disability, emergency service vehicles
or
other service vehicles; (i) the development
does not reduce the number of dedicated vehicle parking
spaces on the land on which the facility is located.
(2) However, development to which
subsection (1) would otherwise apply is not
prescribed for section 232(2) of the Act to the extent the
development— (a)
is in
a coastal management district; or (b)
is in
an area for which an area management advice has been
given
for unexploded ordnance; or (c) for development
at a non-State school— (i) is in an area to
which the SEQ koala State planning regulatory
provisions apply; or (ii) involves the clearing of native
vegetation— (A) in a category A area or category B
area shown on a PMAV; or (B)
if
there is no PMAV for the lot on which the development is
carried out—shown on the regional ecosystem map or
remnant map as remnant vegetation. Page 66
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development (3) Also, development
to which subsection (1) would otherwise apply is
not
prescribed for section 232(2) of the Act if— (a)
any
of the following apply to the development— (i)
the
development is on a place in a planning scheme area
that
on or before 24 April 2009 was a local heritage place,
or a
place identified under the local government’s planning
scheme as a place of cultural heritage
significance; (ii) the development interferes with
vegetation identified under the local government’s planning scheme
on or before 24 April 2009 as vegetation that is
protected; (iii) the land on which the development is
to be carried out is identified under the local government’s
planning scheme as affected or potentially affected by
subsidence caused by underground mining; and (b)
within 10 business days after receiving
notice of the development under subsection (1)(b), the
local government advises the school by written notice that
the local government does not agree to the exemption.
12 All aspects of development, for an
educational facility or community and cultural
facility, that is— (a) completely or partly funded under the
relevant program; and (b) described in the
document called ‘Exempt development for particular
educational or community and cultural
facilities’ published by the department and
dated 22 November 2010; and (c) carried out at
the school stated for the development in the document
mentioned in paragraph (b)
E ditor’s note —
The
document called ‘Exempt development for particular educational
or community and cultural facilities’ dated 22
November 2010 is available for inspection at
the department’s offices during business hours and on the
department’s website at
<www.dsdip.qld.gov.au>. 12A
(1) All aspects of development for an
educational facility funded under the relevant
program, if all of the following apply in relation to the
development— (a)
50%
or more of the gross floor area of all buildings of the
development is under the relevant
program; (b) at least 10 business days before the
development is started, an entity representing the school at
which the development is to be carried out gives
the local government for the area in which the school is located
written notice of the proposed development; Current as at 28
May 2014 Page 67
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development (c) the height of any
building or covered outdoor area for the facility is not
more than the higher of— (i) the height of the
tallest building on the existing school campus on which
the facility is located; or (ii) 15m above ground
level; (d) for development on land that shares a
boundary with residential land— (i)
if
any existing building on the land on which the facility is
to be
located is less than 6m from the boundary—any new
building is at least the same distance from
the boundary as the building closest to it; or
(ii) otherwise— (A)
any
single storey building for the facility is located at
least
3m from the boundary; and (B) any multistorey
building for the facility is located at least 6m from the
boundary; (e) all buildings for the facility are
located— (i) if any existing building on the land
on which the facility is to be located is less than 6m from a
road frontage—at least the same distance from the road
frontage as the building closest to it; or (ii)
otherwise—at least 6m from a road
frontage; (f) for a facility that involves the
installation of external floodlights, the installation
of the floodlights complies with each of the following—
(i) AS 4282-1997 ‘Control of the obtrusive
effects of outdoor lighting’; (ii)
AS
2560.1-2002 ‘Sports lighting—general principles’;
(g) the facility is completely within an
existing school campus; (h) the development
does not involve the construction or extension of any vehicular
access to the premises, other than a vehicular access for
persons with a disability, emergency service vehicles
or
other service vehicles; Page 68 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development (i) the development
does not reduce the number of dedicated vehicle parking
spaces on the land on which the facility is located.
(2) However, development to which
subsection (1) would otherwise apply is not
prescribed for section 232(2) of the Act to the extent the
development— (a)
is in
a coastal management district; or (b)
is in
an area for which an area management advice has been
given
for unexploded ordnance; or (c) for development
at a non-State school— (i) if the
development is located outside an existing development
footprint under the SEQ Koala Conservation State Planning
Regulatory Provisions (the SPRP) —is in an
assessable development area or identified
koala broad-hectare area under the SPRP; or
(ii) involves the clearing of native
vegetation— (A) in a category A area or category B
area shown on a PMAV; or (B)
if
there is no PMAV for the lot on which the development is
carried out—shown on the regional ecosystem map or
remnant map as remnant vegetation. (3)
Also,
development to which subsection (1) would otherwise apply is
not
prescribed for section 232(2) of the Act if— (a)
any
of the following matters apply to the development—
(i) the development is on a place in a
planning scheme area that on or before 9 June 2011 was a local
heritage place, or a place identified under the local
government’s planning scheme as a place of cultural heritage
significance; (ii) the development interferes with
vegetation identified under the local government’s planning scheme
on or before 9 June 2011 as vegetation that is protected;
(iii)
the land on which the development is to be carried out is
identified under the local government’s
planning scheme as affected or potentially affected by
subsidence caused by underground mining; and Current as at 28
May 2014 Page 69
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development (b) within 10
business days after receiving notice of the development under
subsection (1)(b), the local government advises the
school by written notice that— (i)
a
matter mentioned in paragraph (a) applies to the
development; and (ii)
the
local government is satisfied that the development
may— (A) affect the local
heritage place, place of cultural heritage significance or
protected vegetation; or (B) be affected by
subsidence. South Bank 13
Development within the meaning of the
South
Bank Corporation Act 1989 , but only until
the development completion date under that Act Priority
development areas 14 All aspects of development for a
priority development area For G20 radiocommunications
works 15 All aspects of development carried out
on or before 30 June 2015 for the construction,
installation, use, maintenance, repair, alteration,
decommissioning, demolition or removal of
G20 radiocommunications works Page 70
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 4 Table 5—All
aspects of development Boot camp centres 17
All
aspects of development for a boot camp centre, if all of the
following apply in relation to the development—
(a) at least 10 business days before the
development is started, the boot camp centre provider gives the
local government for the area in which the boot camp centre is
located written notice of the proposed development;
(b) for a facility that involves the
installation of external floodlights, the installation
complies with each of the following— (i)
AS
4282-1997 ‘Control of the Obtrusive Effects of Outdoor
Lighting’; (ii)
AS
2560.1-2002 ‘Sports Lighting—General Principles’;
(c) the development does not involve the
construction or extension of any vehicular access to the
premises, other than a vehicular access for the
following— (i) persons with a disability;
(ii) emergency service and other service
vehicles; (iii) vehicles used for transporting
children who are participating in a boot camp
program or persons involved in the operation of a
boot camp centre; (d) the development does not reduce the
number of dedicated vehicle parking spaces on the land on which
the facility is located; (e)
for
development on land that shares a boundary with residential
land— (i)
any
single storey building is located at least 3m from the
boundary; and (ii)
any
multistorey building or covered outdoor area is located
at
least 10m from the boundary; (f)
all
new buildings for the facility are located— (i)
at
least 6m from a road frontage; or (ii)
if
any existing building on the land on which the facility is
to be
located is less than 6m from a road frontage—at least
the
same distance from the road frontage as the building
closest to it Current as at 28
May 2014 Page 71
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Schedule 5 Applicable
codes, laws, policies and prescribed matters
for
particular development section 11 Part 1
Assessable development Table 1—Building
work Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment For the Building Act 1
Building work requiring code
The
relevant provisions of the following, assessment under
schedule 3, part 1, as they apply under the Building Act,
table
1, item 1 chapter 4, part 1, division 1—
(a) the Building Act, chapters 3 and
4; (b) any local law or local planning
instrument that the division allows
to
apply to the assessment; (c) the Queensland
Development Code; (d)
the
BCA Declared fish habitat area
2 Building work requiring code
(a) if the chief executive is the
assessment under schedule 3, part 1,
assessment manager or a referral
table
1, item 2 agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a concurrence agency
and
the development is in a wild river area—any
applicable code for the development mentioned in the
wild
river declaration for the wild river area
Page
72 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Table
2—Material change of use Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Environmentally relevant activities
1 Development requiring code
(a) if the chief executive is the
assessment under schedule 3, part 1,
assessment manager or a referral
table
2, item 1 agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a concurrence agency—
(i) the provisions of chapter 3,
part
1, division 3A of the Environmental Protection
Regulation 2008 ; and
(ii) for a wild river area, any
applicable code for the development
mentioned in the wild river declaration for
the
wild river area Certain brothels 2
Development requiring code
The
IDAS code mentioned in the assessment under schedule 3, table
2, Prostitution Regulation 2000
,
schedule 3 item 2 3
Development requiring impact
The
following— aitsesmes2sment under schedule 3, table
2, (a) P th
r e os
ID tit A
ut S io
c n od
R e eg
m u e
la n t
t i i
o o n
ne 2 d
00 in 0
, the schedule
3; (b) the relevant provision of any
local planning instrument Current as at 28
May 2014 Page 73
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Table
2—Material change of use Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Strategic port land 4
Development requiring code
(a) for the port authority as the
assessment under schedule 3, part 1,
assessment manager—the current
table
2, item 3 land use plan approved under the
Transport Infrastructure Act,
section 286; and (b)
for
the Minister under the Transport Infrastructure Act, as
the concurrence agency, section 287A
of
the Act Airport land 5
Development requiring code or impact
The
current land use plan for the airport assessment under
schedule 3, part 1, land approved under the Airport
Assets table 2, item 4 (Restructuring
and Disposal) Act 2008 , chapter 3, part
1 Major hazard facilities 6
Development requiring code
The
relevant provisions of the State assessment under
schedule 3, part 1, development assessment provisions
table
2, item 5 Contaminated land 7
Development requiring code or impact
The
relevant provisions of the State assessment under
schedule 3, part 1, development assessment provisions
table
2, item 6 or 7 Certain aquaculture 8
Development requiring code
(a) if the chief executive is the
assessment under schedule 3, part 1,
assessment manager or a referral
table
2, item 10 agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a concurrence agency
and
the development is in a wild river area—any
applicable code for the development mentioned in the
wild
river declaration for the wild river area
Page
74 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Table
2—Material change of use Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Certain agricultural or animal husbandry
activities in a wild river area 9
Development requiring code
(a) if the chief executive is the
assessment under schedule 3, part 1,
assessment manager or a referral
table
2, item 11 agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a concurrence agency
and
the development is in a wild river area—any
applicable code for the development mentioned in the
wild
river declaration for the wild river area
Table
3—Reconfiguring a lot Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Under the Land
Title Act
1994 1 Reconfiguring a
lot requiring impact The relevant provisions of any
planning assessment under schedule 3, table 3,
scheme, temporary local planning
item
1 instrument, master plan or
preliminary approval to which section 242 of the
Act applies Table
4—Operational works Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Clearing native vegetation
1 Development requiring code
if
the chief executive is the assessment assessment under
schedule 3, part 1, manager or a referral agency—the
table
4, item 1 relevant provisions of the State
development assessment provisions
Current as at 28 May 2014 Page
75
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Table
4—Operational works Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Operational works associated with
reconfiguring 2 Development requiring code
The
relevant provisions of any applicable assessment under
schedule 3, part 1, planning scheme, temporary local
table
4, item 2 planning instrument, master plan or
preliminary approval to which section
242
of the Act applies Taking or interfering with
water—generally 3 Development requiring code
(a) if the chief executive is the
assessment under schedule 3, part 1,
assessment manager or a referral
table
4, item 3, other than item 3(d) or agency—the
relevant provisions of (e) the State
development assessment provisions; and (b)
if an
entity other than the chief executive is the assessment
manager or a referral agency—
(i) the relevant provisions of the
Water
Act 2000 ; and (ii) for a wild
river area, any applicable code for the development
mentioned in the wild river declaration for the wild
river
area Interfering with overland flow water in a
declared drainage and embankment area or wild river
floodplain management area 4 Development
requiring code (a) if the chief executive is the
assessment under schedule 3, part 1,
assessment manager or a referral
table
4, item 3(d) or (e) agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a referral agency—
(i) the relevant provisions of the
Water
Act 2000 ; and (ii) for a wild
river area, any applicable code for the development
mentioned in the wild river declaration for the wild
river
area Page 76 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Table
4—Operational works Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Particular dams 5
Development requiring code
The
relevant provisions of the State assessment under
schedule 3, part 1, development assessment provisions
table
4, item 4 Tidal works in local government tidal
area 6 Tidal works— (a)
the
relevant provisions of the (a) in a local
government tidal area; following— and
(i) the IDAS code in the
Coastal (b)
requiring code assessment under
schedule 3, part 1, table 4, item 5;
Protection and Management
Regulation 2003 , schedule
4A; and (ii) any applicable planning
scheme, (c) for which a local government is
the
assessment manager temporary local planning instrument,
master plan or preliminary approval to which
section 242 of the Act applies;
and (b) for a wild river
area— (i) the Coastal Protection and
Management Act, section 104A;
and (ii) any applicable code for
the development mentioned in the
wild
river declaration for the wild river area
Tidal
works, or work in a coastal management district 7
Tidal
works or work in a coastal (a) if the chief
executive is the management district— assessment
manager or a referral (a) requiring code
assessment under schedule 3, part 1, table 4, item
5;
and agency—the relevant provisions of
the
State development assessment provisions;
and (b) for which the chief executive
is the assessment manager (b)
if an
entity other than the chief executive is the assessment
manager or a concurrence agency
and
the development is in a wild river area—any
applicable code for the development mentioned in the
wild
river declaration for the wild river area
Current as at 28 May 2014 Page
77
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Table
4—Operational works Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Waterway barrier works 8
Development requiring code
(a) if the chief executive is the
assessment under schedule 3, part 1,
assessment manager or a referral
table
4, item 6 agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a concurrence agency—
(i) the relevant provisions of the
Fisheries Act; and (ii) for a wild
river area, any applicable code for the development
mentioned in the wild river declaration for the wild
river
area Works in a declared fish habitat area
9 Development requiring code
(a) if the chief executive is the
assessment under schedule 3, part 1,
assessment manager or a referral
table
4, item 7 agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a concurrence agency—
(i) the relevant provisions of the
Fisheries Act; and (ii) for a wild
river area, any applicable code for the development
mentioned in the wild river declaration for the wild
river
area Page 78 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Table
4—Operational works Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Removal, destruction or damage of marine
plants 10 Development requiring code
assessment under schedule 3, part 1,
table
4, item 8 (a) if the chief executive is the
assessment manager or a referral
agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a concurrence agency—
(i) the relevant provisions of the
Fisheries Act; and (ii) for a wild
river area, any applicable code for the development
mentioned in the wild river declaration for the wild
river
area Certain agricultural or animal husbandry
activities in a wild river area 11
Development requiring code
assessment under schedule 3, part 1,
table
4, item 9 (a) if the chief executive is the
assessment manager or a referral
agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a concurrence agency
and
the development is in a wild river area—any
applicable code for the development mentioned in the
wild
river declaration for the wild river area
Construction of new levees or modification
of existing levees 12 Construction of a new category 2
levee the IDAS code in the Water
Regulation 2002 , schedule 15B 13
Modification of an existing levee if,
the
IDAS code in the Water Regulation after the
modification, the levee will 2002
,
schedule 15B fulfil the requirements for a category
2 levee Current as at 28
May 2014 Page 79
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Table
4—Operational works Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment 14 Construction of a new category 3
levee (a) the IDAS code in the
Water Regulation
2002 , schedule 15B; and
(b) if the chief executive is a
referral agency—the relevant provisions of
the
State development assessment provisions
15 Modification of an existing levee
if, (a) the IDAS code in the
Water after the
modification, the levee will Regulation
2002 , schedule 15B; fulfil the
requirements for a category 3 and
levee (b)
if
the chief executive is a referral agency—the
relevant provisions of the State development
assessment provisions Table 5—Various
aspects of development Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Strategic port land 1
On
strategic port land other than The current land
use plan approved under development requiring code
the
Transport Infrastructure Act, section assessment under
schedule 3, part 1, 286 table 2, item 3 Airport
land 2 On airport land other than
development The current land use plan for the
airport requiring code or impact assessment
land
approved under the Airport Assets under schedule 3,
part 1, table 2, item (Restructuring and Disposal) Act
2008 , 4, if the land use plan for the
airport chapter 3, part 1 land approved
under the Airport Assets (Restructuring
and Disposal) Act 2008 , chapter 3, part 1 states the
development is assessable
development Page 80
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 5 Part 1
Table
5—Various aspects of development Column 1
Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Removing quarry material 3
Development requiring code
(a) if the chief executive is the
assessment under schedule 3, part 1,
assessment manager or a referral
table
5, item 1 agency—the relevant provisions of
the
State development assessment provisions;
and (b) if an entity other than the
chief executive is the assessment
manager or a referral agency—
(i) the relevant provisions of the
Water
Act 2000 ; and (ii) for a wild
river area, any applicable code for the development
mentioned in the wild river declaration for the wild
river
area Queensland heritage place
4 Development requiring code
The
relevant provisions of the State assessment under
schedule 3, part 1, development assessment provisions
table
5, item 2 Local heritage place 5
Development requiring code
The
following— assessment under schedule 3, part 1,
table
5, item 3 (a) the IDAS code in the
Queensland Heritage
Regulation 2003 , schedule 2; (b)
the
relevant provision of any planning scheme, temporary
local planning instrument, master plan or
preliminary approval to which
section 242 of the Act applies
Current as at 28 May 2014 Page
81
Sustainable Planning Regulation 2009
Schedule 5 Part 2
Part
2 Self-assessable development
Table
1—Building work Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may
apply for assessment By the State, a
public sector entity or a local government 1
Building work made self-assessable
The
relevant provisions of the following, under schedule 3,
part 2, table 1, item 1 as they apply under the Building
Act, chapter 4, part 1, division 1—
(a) the Building Act, chapters 3 and
4; (b) any local law or local planning
instrument that the division allows
to
apply to the assessment; (c) the Queensland
Development Code; (d)
the
BCA For the Building Act 2
Building work made self-assessable
The
relevant provisions of the following, under schedule 3,
part 2, table 1, item 2 as they apply under the Building
Act, chapter 4, part 1, division 1—
(a) the Building Act, chapters 3 and
4; (b) any local law or local planning
instrument that the division allows
to
apply to the assessment; (c) the Queensland
Development Code; (d)
the
BCA Declared fish habitat area
3 Building work made
self-assessable (a) the IDAS codes mentioned in the
under
schedule 3, part 2, table 1, item 3 Fisheries
Regulation 2008 , section 702; and
(b) for a wild river area, any
applicable code for the development mentioned in the
wild river declaration for the wild river area
Page
82 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 5 Part 2
Table
2—Material change of use Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Certain aquaculture 1
Aquaculture made self-assessable
(a) the IDAS codes mentioned in the
under
schedule 3, part 2, table 2, item 1 Fisheries
Regulation 2008 , section 703; and
(b) for a wild river area, any
applicable code for the development mentioned in the
wild river declaration for the wild river area
Table
3—Reconfiguring a lot 1 Table not
used Table 4—Operational work Column 1
Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Taking or interfering with water
1 Taking or interfering with water
under (a) the codes mentioned in the
Water the
Water
Act 2000 made Regulation 2002 , section 62;
and s2e,ltfa- baslese4s,
siatbelme u1nder schedule 3, part
(b) cfoordae wfoirldthreivdeervaerleoap,
maneyntapplicable mentioned in the
wild river declaration for the wild river area
Waterway barrier works 2
Constructing or raising waterway
The
IDAS codes mentioned in the barrier works made
self-assessable Fisheries Regulation 2008
,
section 704 under schedule 3, part 2, table 4, item
2 Current as at 28 May 2014 Page
83
Sustainable Planning Regulation 2009
Schedule 5 Part 2
Table
4—Operational work Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Works in a declared fish habitat area
3 Completely or partly within a
declared (a) the IDAS codes mentioned in the
fish
habitat area made self-assessable Fisheries
Regulation 2008 , section under schedule 3,
part 2, table 4, item 3 705; and (b)
for a
wild river area, any applicable code for the
development mentioned in the wild river
declaration for the wild river area
Removal, destruction or damage of marine
plants 4 The removal, destruction or damage
of (a) the IDAS codes mentioned in the
a
marine plant made self-assessable Fisheries
Regulation 2008 , section under schedule 3,
part 2, table 4, item 4 706; and (b)
for a
wild river area, any applicable code for the
development mentioned in the wild river
declaration for the wild river area
Local
government roads 5 Works on local government roads
The
code mentioned in the Transport made
self-assessable under schedule 3, Planning and
Coordination Regulation part 2, table 4, item 5
2005 , section 3 High impact
earthworks in a wetland protection area 6
High
impact earthworks for The code called
‘Self-assessable government supported transport
code—Wetland protection areas in
Great infrastructure in a wetland
protection Barrier Reef catchments’ under the
State area made self-assessable under
Planning Policy 2013 schedule 3, part
2, table 4, item 6 7 High impact earthworks for
electricity The code called ‘Self-assessable
infrastructure in a wetland
protection code—Wetland protection areas in
Great area made self-assessable under
Barrier Reef catchments’ under the
State schedule 3, part 2, table 4, item 7
Planning Policy 2013 For tidal works,
or works within a coastal management district 8
Operational work made self-assessable
The
code for the self-assessable under schedule 3,
part 2, table 4, item 8 operational work declared under
the Coastal Protection and Management
Regulation 2003 to be a code for
IDAS Page 84 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 5 Table
4—Operational work Column 1 Development Column 2
Codes, laws, policies and
prescribed matters that may apply
for
assessment Construction of new levees or modification
of existing levees 9 Construction of a new category 1
levee the code mentioned in the
Water Regulation
2002 , section 62(e) 10
Modification of an existing levee if,
the
code mentioned in the Water after the
modification, the levee will Regulation
2002 , section 62(e) fulfil the
requirements for a category 1 levee
Current as at 28 May 2014 Page
85
Sustainable Planning Regulation 2009
Schedule 6 Schedule 6
Assessment manager for development
applications section 12 Table 1
Column 1 Application
type Column 2 Assessment manager
Local
government planning schemes and local government tidal
areas 1
If
the application is for— Local government (a)
development completely in a single
local government area and— (i)
any
aspect of the development is assessable against the
planning scheme, a temporary local planning
instrument, master plan or preliminary approval to which
section 242 of the Act applies; or (ii)
is
for building work, that, under the Building Act, is
assessable against the building assessment
provisions; or (iii) is for reconfiguring a lot; or
(iv)
is for a brothel; or (v) is operational works associated
with reconfiguring a lot; or (b)
prescribed tidal work completely in a single
local government tidal area; or
(c) prescribed tidal work partly in a
single local government tidal area and in no other
local government tidal area or port authority’s
strategic port land tidal area; or (d)
prescribed tidal work starting in a local
government tidal area and extending into another
local government’s tidal area but in no port
authority’s strategic port land tidal area; or
(e) operational work mentioned in schedule
3, part 1, table 4, item 5(b)(iii) and the work is
associated with reconfiguring a lot Page 86
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 6 Table 2
Column 1 Application
type Column 2 Assessment manager
Strategic port land and strategic port land
tidal areas 1 If table 1 does not apply and the
application is for— Port authority (a)
development completely in a single port
authority’s strategic port land; or (b)
tidal
works completely in a single port authority’s strategic port
land tidal area; or (c) tidal works partly in a single port
authority’s strategic port land tidal area and in no
local government tidal area or another port
authority’s strategic port land tidal area
Airport land 2
If
table 1 does not apply and the application is for
development completely or partly on airport
land, whether or not the development includes
tidal works The chief executive Table 3
Column 1 Application
type Column 2 Assessment manager
Environmentally relevant activities
1 If tables 1 and 2 do not apply and the
application is for— for an (a)
development for an environmentally
relevant activity; and environmentally relevant activity
that is devolved to a local (b)
no
other assessable development government
under the Environmental Protection
Regulation 2008, the
local
government for all other environmentally relevant
activities mentioned in column 1, the chief
executive Current as at 28 May 2014 Page
87
Sustainable Planning Regulation 2009
Schedule 6 Table 3
Column 1 Application
type Column 2 Assessment manager
Vegetation clearing 2
If
tables 1 and 2 do not apply and the application is for—
The
chief executive (a) operational work for the clearing of
native vegetation; and (b)
no
other assessable development Taking or
interfering with water 3 If tables 1 and 2
do not apply and the application is for— The chief
executive (a) operational work for the taking or
interfering with water under the Water Act
2000 ; and (b)
no
other assessable development 3A
If
tables 1 and 2 do not apply and the application is for—
The
chief executive (a) operational work for the construction
of a dam, or that is carried out in relation to a dam,
if, because of the work, the dam must be failure impact
assessed; and (b) no other
assessable development Major hazard facilities
4 If tables 1 and 2 do not apply and the
application is for— The chief executive (a)
material change of use for a major hazard
facility or proposed major hazard facility; and
(b) no other assessable development
Quarrying in a watercourse or lake
5 If tables 1 and 2 do not apply and the
application is for— The chief executive (a)
removing quarry material from a watercourse
or lake if an allocation notice is required under
the Water Act 2000
;
and (b) no other assessable development
Page
88 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 6 Table 3
Column 1 Application
type Column 2 Assessment manager
Tidal
works or work within a coastal management district
6 If tables 1 and 2 do not apply and the
application is for— The chief executive (a)
operational work that is—
(i) tidal works not in a port authority’s
strategic port land tidal area or in local
government’s tidal area; or (ii)
work
carried out completely or partly within a coastal
management district; and (b) no other
assessable development Development on Queensland heritage
place 7 If tables 1 and 2 do not apply and the
application is for— The chief executive (a)
assessable development on a Queensland
heritage place; and (b)
no
other assessable development Development on
local heritage place 8 If tables 1 and 2 do not apply and the
application is for— The local (a)
assessable development on a local heritage
place; and government for the place
(b) no other assessable development
Contaminated land management
9 If tables 1 and 2 do not apply and the
application is for— The chief executive (a)
assessable development under schedule 3,
part 1, table 2, item 6 or 7; and
(b) no other assessable development
Aquaculture 10
If
tables 1 and 2 do not apply and the application is for—
The
chief executive (a) material change of use for aquaculture
under the Fisheries Act; and (b)
no
other assessable development Current as at 28
May 2014 Page 89
Sustainable Planning Regulation 2009
Schedule 6 Table 3
Column 1 Application
type Column 2 Assessment manager
Fisheries development other than
aquaculture 11 If tables 1 and 2 do not apply and the
application is for— The chief executive (a)
building work in a declared fish habitat
area or operational work that is 1 or more of the
following— (i) constructing or raising waterway
barrier works; (ii) work carried out completely or partly
within a declared fish habitat area;
(iii)
removal, destruction or damage of a marine plant; and
(b) no other assessable development
For a
wild river area 12 If tables 1 and 2 do not apply and the
application is for— The chief executive (a)
assessable development under—
(i) schedule 3, part 1, table 2, item 11;
or (ii) schedule 3, part 1, table 4, item 9;
and (b) no other assessable development
Development in wetland protection
area 13 If tables 1 and 2 do not apply and the
application is for— The chief executive (a)
assessable development under schedule 3,
part 1, table 4, item 10; and (b)
no
other assessable development Construction of
new levees or modification of existing levees 14
If
tables 1 and 2 do not apply and the application is for
operational work that is—
(a) construction of a new category 2 levee
or a new category 3 levee; or (b)
modification of an existing levee if, after
the modification, the levee will fulfil the
requirements for a category 2 levee or a category 3
levee The local government for
the local government area where the
new levee is proposed to be constructed or
the existing levee is located
Page
90 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 6 Table 4
Column 1 Application
type Column 2 Assessment manager
Applications involving multiple
jurisdictions 1 If tables 1, 2 and 3 do not apply and
the application is for— The chief executive
(a) 2 or more aspects of development
mentioned in table 3, item 1(a), 2(a), 3(a), 4(a), 5(a), 6(a),
7(a), 9(a), 10(a), 11(a), 12(a) or 13(a); and
(b) no other assessable development
Table
5 Column 1 Application
type Decided by the Minister 1
Development not stated in tables 1 to
4 Column 2 Assessment manager
The
entity decided by the Minister administering
the Act Current as at 28 May 2014
Page
91
Sustainable Planning Regulation 2009
Schedule 6 Table 6
Column 1 Application
type Column 2 Assessment manager
Concurrence agency assessment manager
1 An application— The entity that
would (a) uafosnsrdeaesnrsmsaesecpnteitocmtnoa2fn8ad7ge(
ve1re) (
ltoch)pamtoafeptnhpte, roaAvcacolt, nftocourlrdtrhetehneacsepaegcetncy,
cfhooarvnetchubereraeepnnpctlehiceaagtieonncy
must
be a preliminary approval only; and (b)
if
the preliminary approval states that the assessment
manager does not require any further
assessment of the proposal in relation to the development
permit; and (c) if the
application is for the development permit only for the aspect of
development for which the preliminary approval was given
Page
92 Current as at 28 May 2014
Schedule 7 Sustainable
Planning Regulation 2009 Schedule 7 Referral
agencies and their jurisdictions section 13
Table
1—For building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Fire safety
system—generally 1 A fire safety system for a
building Queensland Fire or structure,
other than a temporary and Emergency structure or
special structure as Service—as an defined in the
Building Act, advice agency schedule 2, if
the building work— (a) requires special fire services
mentioned in schedule 8, part
1;
or (b) includes an alternative
solution assessed against the performance
requirements of the BCA, volume 1, or the
Queensland Development Code, part 2.2,
for the fire safety system; or For the special
fire services mentioned in schedule 8,
part 1—the matters mentioned
in schedule 8, part 2 For item 1(b)
and (c)—the Building Act, chapters 3
and 4 (c) includes an alternative
solution assessed against the relevant
performance requirements of
the
BCA or the performance criteria stated in the
Queensland Development Code, part 2.3,
for the fire safety system Current as at 28
May 2014 Page 93
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Fire safety
system—budget accommodation buildings 2
A
fire safety system for a budget Queensland
Fire accommodation building as defined
and
Emergency in the Building Act, section 216, if
Service—as an the work involves
a solution— advice agency (a)
assessed against— The fire
safety management procedures under
the Fire and Emergency Services Act
1990 (i) the performance criteria
stated in the Queensland Development Code,
part 2.1; or (ii)
the
performance requirements of the BCA, volumes 1 and 2,
for the fire safety system; and (b)
that
includes fire safety management procedures as a
condition of the use and occupation of the
building Water-based fire safety installations
2A A water-based fire safety
installation for a building or
structure, if the building work
includes— (a)
the
installation of the water-based fire safety installation;
and Queensland Fire and
Emergency Service—as a concurrence
agency Compliance with the performance
criteria 3, 4 and 5 of the Queensland
Development Code, part 6.1.
(b) an alternative solution
assessed against the performance criteria 3, 4 and
5 of the Queensland Development Code, part
6.1 Page 94 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Residential care
buildings 3 A residential care building
under Queensland Fire the Queensland
Development Code, and Emergency part 2.2
Service—as an advice
agency For item A2 of the acceptable
solutions stated in the Queensland
Development Code, part
2.2—compliance with the Queensland Development
Code, part 2.2, schedule 2 For item P2 of
the performance criteria stated in
the Queensland Development
Code, part 2.2—the fire and evacuation plan
for the building under the
Fire
and Emergency Services Act 1990
Workplace involving spray painting
4 A workplace involving spray
The
regulator under The performance painting
if— the Work Health criteria stated
in the (a) the Queensland Development
Code,
part 5.8, applies to the work; and and Safety
Act Queensland 2011
—as
a Development Code, concurrence
agency part 5.8 (b)
the
work is required to comply with performance criteria for
the
work (other than by an acceptable solution)
Retail meat premises 5
A
retail meat premises if— Safe Food The
performance (a) the Queensland Development
Code,
part 5.3, applies to the work; and Queensland—as
a criteria stated in the concurrence
agency Queensland Development
Code, part 5.3 (b)
the
work is required to comply with performance criteria for
the
work (other than by an acceptable solution)
Current as at 28 May 2014 Page
95
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Private health
facilities 6 A private health facility if—
The
chief health The performance (a)
the
Queensland Development Code, part 5.5, applies to the
work;
and officer under the criteria stated
in the Health Act Queensland
1937 —as a Development
Code, concurrence agency part 5.5
(b) the work is required to comply
with
performance criteria for the work (other than by an
acceptable solution) Workplace area
less than 2.3m 2 7 A workplace area
less than 2.3m 2 The regulator under
The
performance if— the Work
Health criteria stated in the (a)
the
Queensland Development Code, part 5.1, applies to the
work;
and and Safety Act Queensland
2011 —as an advice Development
Code, agency part 5.1
(b) the work is required to comply
with
the performance criteria for work areas, other than by
the
acceptable solution for work areas Page 96
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction State-controlled
road 8 Building work if— The chief
The
purpose of the (a) any part of the land is—
executive—as a Act
concurrence agency (i)
within 25m of a State-controlled
road; or (ii) future State-controlled
road;
and (b) the building work is not
associated with— (i)
a
material change of use mentioned in table 3, item
1;
or (ii) reconfiguring a lot
mentioned in table 2, item
2;
or (iii) government supported
transport infrastructure;
and (c) the building work
is for a non-residential purpose; and
(d) the building work involves the
redirection or intensification of
site
stormwater from the land, through a pipe with a
cross-sectional area greater
than
625cm 2 , to a State-controlled
road or future State-controlled road Pastoral workers’
accommodation 9 Pastoral worker’s accommodation
The
chief executive The performance if—
administering the criteria stated
in the (a) the Queensland Development
Code,
part 5.6, applies to the work; and Pastoral
Workers’ Queensland Accommodation
Act Development Code, 1980
—as
a part 5.6 concurrence
agency (b) the work is required to comply
with
the performance criteria for accommodation stated in
the
part (other than by an acceptable solution)
Current as at 28 May 2014 Page
97
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Coastal
management districts 11 Building work on land
completely The chief The purpose of
the or partly seaward of a coastal
executive—as a Act
building line under the Coastal
concurrence agency Protection and
Management Act Queensland heritage place
12 Building work on a Queensland
heritage place The chief
The
purpose of the executive—as a Act
concurrence agency Local heritage
place 13 Building work on a local
heritage place The local
government—as a concurrence
agency The following— (a)
IDAS
code in the Queensland Heritage
Regulation 2003
,
schedule 2; (b) the
relevant provision of any
planning scheme Public passenger
transport 14 Building work on future public
The
chief The purpose of the passenger
transport corridor, if the executive—as a Act
building work is not associated
concurrence agency with—
(a) reconfiguring a lot mentioned
in
table 2, item 33; or (b) a material change of use
mentioned in table 3, item 14;
or (c) government
supported transport infrastructure Page 98
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Railways
16 Building work on future railway
land,
if the building work is not associated with— The chief
The
purpose of the executive—as a Act
concurrence agency (a)
reconfiguring a lot mentioned
in
table 2, item 34; or (b) a material change of use
mentioned in table 3, item
15A;
or (c) government supported
transport infrastructure Amenity and
aesthetic impact of particular building work 17
Building work for a building or
The
local The amenity and structure if it
is— government—as a aesthetic impact
of (a) a single detached class 1(a)(i)
building, class 1(a)(ii) building
comprising not more than 2
attached dwellings or a class
concurrence agency the building
or structure if the building work
is carried out 10 building or
structure; and (b) in a locality and of a form for
which
the local government has, by resolution or in its
planning scheme, declared that
the
form may— (i) have an extremely adverse
effect on the amenity, or
likely amenity, of the locality;
or (ii) be in extreme conflict with
the
character of the locality Whether
particular buildings may be occupied for residential
purposes 18
Building work for a building, other
The
local Approval to use the than a class 1,
2, 3 or 4 building, for government—as a building
for residential purposes concurrence
agency residential purposes Current as at 28
May 2014 Page 99
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Design and
siting 19 If— The local
Whether the (a)
the
Queensland Development Code, part 1.1, 1.2 or 1.3
applies for building work; and
government—as a proposed building
or concurrence agency structure
complies with the performance criteria
(b) under the part, the proposed
building or structure does not
include an acceptable solution
for a
relevant performance criteria under the part 20
If— The local Whether
the (a) under the Building Act, section
33,
an alternative provision applies for the building work;
and government—as a concurrence
agency proposed building or structure
complies with the qualitative statement
(b) under the provision, the
proposed building or structure
is
not of the quantifiable standard for a relevant
qualitative statement under the
provision 21
If— The local Whether
the (a) under the Building
Regulation 2006 , section 10, a local
planning instrument makes a
provision about a matter government—as
a proposed building or concurrence
agency structure complies with the
qualitative statement provided for
under performance criteria 4, 5, 7, 8
or 9
of the Queensland Development Code, part 1.1 or
1.2;
and (b) the provision applies for
building work; and (c)
under
the provision, the proposed building or structure
is
not of the quantifiable standard for a relevant
qualitative statement under the
provision Page 100
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Fire safety in
particular budget accommodation buildings 22
Building work required to ensure a
The
local Whether, after the building
complies, under the government—as a building work
is Building Act, section 220, with the
concurrence agency completed,
the fire safety standard under that Act
building will comply with the fire
safety standard under the Building
Act Higher risk personal appearance
services 23 Building work if— The local
Whether the building (a)
the
Queensland Development Code, part 5.2, applies to the
work;
and government—as a work complies
with concurrence agency the
performance criteria mentioned in the part that
are (b) the work does not comply with
relevant to the an acceptable
solution stated in acceptable solution the part
Building work for residential service
24 Building work for premises in
The
local Whether, if the which a
residential service under government—as a building work
is the Residential Services
concurrence agency carried out,
the (Accreditation) Act 2002 , section
4, premises would is conducted, or
is proposed to be comply with the conducted
requirements stated in the
Queensland Development Code, part 5.7
Current as at 28 May 2014 Page
101
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Building work for
removal or rebuilding 25 Building work
relating to any of the The local Deciding—
following— (a)
the
removal of a building or cgoonvceurnrrmenencet—agaesnacy
(a) lwohcaelther the
other
structure, whether for government rebuilding at
another site or should require not;
security, of no (b)
the
rebuilding of a building or other structure removed from
another site more than
the value of the building
work, for the performance
of the work; and (b)
if
security is required—its amount and
form Building work for particular class 1
buildings 26 Building work for a class
1(a)(i) The local The provisions of
the building, or a class 1(a)(ii)
building government—as a planning scheme
that comprising not more than 2
concurrence agency would apply for
the attached dwellings, if any material
development change of use
associated with the application if building
work— schedule 4, table 2, (a)
is
for a residential purpose in a residential zone;
and item 2 did not apply for the
use (b) would have required a
development permit if schedule 4, table
2, item 2 did not apply for the use Temporary
accommodation buildings 27 Building work for
a temporary The local Performance
criteria accommodation building as defined
government—as a 1 of the
Queensland under the Building
Regulation concurrence agency Development
Code, 2006 , section 54A if— part 3.3
(a) the Queensland Development
Code,
part 3.3 applies to the work; and (b)
the
requirements of acceptable solution A1 stated
in
the part are not complied with Page 102
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Building work for
Queensland Development Code, part 1.4 27A
Building work if— (a)
the
Queensland Development Code, part 1.4 applies
to the work in relation to a sewer, water main or
stormwater drain; and (b)
either— The relevant
service provider—as a concurrence
agency Whether the proposed building
or structure complies with the
performance criteria in relation to the sewer, water
main or stormwater drain. (i)
the
work does not comply with an acceptable solution for a
relevant performance criteria
stated in the part; or (ii)
the
work is for a class of building or structure for which
the
part does not state an acceptable solution; and
(c) the relevant service provider is
not the applicant Building work for
Queensland Development Code, part 4.1 28
Building work for development to
The
local Whether the which item P13 of
the performance government—as a proposed
criteria stated in the Queensland
concurrence agency development Development Code,
part 4.1, complies with item applies if the
building development P13 of the application does
not cover end of performance criteria trip facilities
under that item stated in the Queensland
Development Code, part 4.1
Building work for class 1 buildings on
premises with on-site wastewater management system
29 Building work for a class 1
building The local Compliance with
the if— government—as a QPW code, part
1, (a) hthaevebuainldoinng-siisteown
apsrteemwiasteesrthat concurrence agency Ppe2rformance criteria
management system, as defined under the
QPW code, installed; and (b)
the
work involves adding one or more bedrooms to the
building Current as at 28
May 2014 Page 103
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction Flood hazard
area 30 Building work for a lot if—
The
local Whether the defined (a)
athnedlot is in a flood
hazard area; gcoonvceurnrrmenencet— agaesnacy
dtfhleoevoebdluolipeldvmienelgnsttated
in (b) the local
government has application is declared under
the Building appropriate
having Regulation 2006 , section 13
a regard to all or any of defined flood
level for the part the following— of the flood
hazard area within which the lot is located; and
(a) any flood modelling
(c) the defined flood level stated
in carried out for the building
development the lot or all or application is
lower than the part of the defined flood
level declared by flood hazard the local
government area within which the lot
is located; (b)
any
recorded flood levels for all or part of
the flood hazard area
within which the lot is located;
(c) any other matter the
local government considers
relevant Page 104
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 1—For
building work assessable against the Building Act
Column 1 Application
involving Column 2 Column 3
Referral agency Referral
and
type jurisdiction 31
Building work for a lot if—
The
local Whether the (a)
athnedlot is in a flood
hazard area; gcoonvceurnrrmenencet— agaesnacy
mvsteaaltoxecidmitiyunmothffewlobawuteilrding
(b) the local government has
development declared under
the Building application
is Regulation 2006 , section 13
a appropriate having maximum flow
velocity of regard to all or any of water for the
part of the flood the following— hazard area
within which the lot is located; and (a) any
flood modelling carried (c)
the
maximum flow velocity of out for the lot or water stated in
the building all or part of the development
application is flood hazard area lower than the
maximum flow within which the velocity of water
declared by lot is located; the local
government (b) any flow velocity of water that
has been recorded for a flood
for— (i) all or part of the flood
hazard area within
which the lot is located;
or (ii) the part of the lot on
which the building work is to
be carried out; (c) any other
matter the local government
considers relevant Current as at 28
May 2014 Page 105
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Environmentally
relevant activities 1 A material change of use for an
environmentally relevant activity
made assessable under schedule 3, part 1,
table
2, item 1 (a) for an environmentally relevant
activity that is devolved to a local
government under the
Environmental Protection
Regulation 2008 ,
the
local government—as a
concurrence agency (b) for all
other environmentally relevant
activities mentioned in column 1,
the chief executive—as
a concurrence agency
For
an environmentally relevant
activity mentioned opposite in column
2, paragraph (a), the purposes of
the Environmental Protection Act
to the extent it applies to each
environmental objective
mentioned in the Environmental Protection
Regulation 2008 ,
schedule 5, part 3, table 2
For
an environmentally relevant
activity mentioned opposite in column
2, paragraph (b), the purpose of the
Act Page 106 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction State-controlled
road 2 Reconfiguring a lot if—
(a) any part of the land—
(i) is within 25m of a State-controlled
road; or The chief The purpose of
the executive—as a Act
concurrence agency (ii)
is
future State-controlled road; or (iii) abuts a
road that intersects with a State-controlled road that is
within 100m of the land; and (b)
1 or
more of the following apply— (i)
the
total number of lots is increased; (ii)
the
total number of lots abutting the State-controlled
road is increased; (iii) there is a
new or changed access between the land and the
State-controlled road Current as at 28
May 2014 Page 107
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction 3
Operational work, other than work
The
chief The purpose of the associated with a
material change of executive—as a Act
use
mentioned in table 3, item 1, concurrence
agency operational work associated with
reconfiguring a lot mentioned in
item
2 of this table, or work for government
supported transport infrastructure, if— (a)
any
part of the land— (i) is within 25m of a State-controlled
road; or (ii) is future State-controlled
road;
and (b) the work— (i)
is
associated with access to the State-controlled road or
future State-controlled road; or
(ii) is for filling or excavation;
or (iii) involves the redirection
or intensification of site stormwater from
the land, through a pipe with a cross-sectional
area greater than 625cm 2
, to
a State-controlled road or future
State-controlled road Page 108
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Clearing
vegetation 4 Reconfiguring a
lot that is
5ha or The chief
larger, if— executive—as
a (a) the size of any lot created is
25ha, concurrence agency or smaller;
and The purpose of the Act
(b) either— (i)
the
reconfiguring involves operational work made
assessable under schedule 3,
part
1, table 4, item 1, other than operational work that is
only
the clearing of regulated regrowth vegetation; or
(ii) on any lot created, additional
exempt operational work, other than
operational work that is only the clearing of
regulated regrowth vegetation, could
be carried out 5 Operational work,
not associated with reconfiguring a lot mentioned in item
4 or a material change of use mentioned
in
table 3, item 10, for clearing native vegetation made
assessable under schedule 3, part 1, table 4, item 1
The
chief executive—as a concurrence
agency The purpose of the Act
Strategic port land 6
A
material change of use on strategic port land made
assessable under schedule 3, part 1, table 2, item 3
The
Minister under the Transport Infrastructure Act—as a
concurrence agency The purposes of
the Transport Infrastructure
Act Major hazard facilities 8
Material change of use of premises
The
chief The purpose of the for a major
hazard facility or executive—as a Act
proposed major hazard facility
concurrence agency Current as at 28
May 2014 Page 109
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Taking or
interfering with water 9 Operational work
for taking or The chief The purpose of
the interfering with water under the
executive—as a Act
Water
Act 2000 made assessable concurrence
agency under schedule 3, part 1, table 4,
item
3, other than paragraphs (d) or (e)
Interfering with water in drainage and
embankment areas or wild river floodplain management
areas 10 Operational work for taking or
interfering with water under the
Water
Act 2000 — The chief The purpose of
the executive—as a Act
concurrence agency (a)
made
assessable under schedule 3, part 1, table 4, item 3(d)
or (e); and (b)
either— (i)
in a
wild river floodplain management area; or
(ii) in a drainage and embankment area
under that Act controlling the flow of water
into or out of a watercourse, lake or spring
Particular dams 11
Operational work for the construction of a
dam, or that is carried out in relation to a dam,
made
assessable under schedule 3, part 1, table 4,
item 4 The chief The purpose of
the executive—as a Act
concurrence agency Removal of quarry
material 12 Development, for the removal of
quarry material, made assessable
under
schedule 3, part 1, table 5, item 1
The
chief The purpose of the executive—as
a Act concurrence agency Page 110
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Tidal works, or
development in a coastal management district 13
Operational work made assessable
under
schedule 3, part 1, table 4, item 5, other
than— The chief The purpose of
the executive—as a Act
concurrence agency (a)
prescribed tidal work in a canal;
or (b) work that is for
the installation, maintenance or repair of overhead cables
or lines that extend over tidal water; or
(c) work that is for the
construction, installation,
maintenance or repair of pipelines, cables
or lines under tidal water 14
Reconfiguring a lot made assessable
The
chief The purpose of the under schedule 3,
part 1, table 3, executive—as a Act
item
1 if— concurrence agency (a)
the
land is situated completely or partly within a coastal
management district; or (b)
the
reconfiguration is in connection with the
construction of a canal 15
Operational work made assessable
under
schedule 3, part 1, table 4, item 5, that
is— The chief The purpose of
the executive—as a Act
concurrence agency (a)
tidal
works; or (b) disposing of dredge spoil or
other
solid waste material in tidal water; or (c)
reclaiming land under tidal
water; or (d)
constructing a canal, if the canal
is
associated with reconfiguring a lot
Current as at 28 May 2014 Page
111
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction 15B
Operational work made assessable
under
schedule 3, part 1, table 4, item 5, carried
out in Gold Coast waters that is— (a)
tidal
works; or (b) disposing of dredge spoil or
other
solid waste material in tidal water; or The Gold
Coast Waterways Authority
established under the
Gold
Coast Waterways Authority Act 2012
—as
a concurrence agency The purposes of
the Gold Coast Waterways
Authority Act 2012 (c)
reclaiming land under tidal
water; or (d)
constructing a canal, if the canal
is
associated with reconfiguring a lot
16 Development on land below
high-water mark and within the
limits of a port under the Transport
Infrastructure Act if the
development is— The chief
executive of the port authority for the land—as
a concurrence agency Port
authority functions under the Transport
Infrastructure Act, chapter 8, part
3 (a) within 200m of a shipping
channel or an entry and exit
shipping corridor for the port;
or (b) within 100m of a
swing basin, a commercial shipping wharf, a
mooring, anchorage or spoil
grounds; or (c)
within 1000m of a planned port
facility identified in a land use
plan 17 Development on
land below The chief executive Port
authority high-water mark and within the
of
the port authority functions under the limits of a port
under the Transport for the land—as an Transport
Infrastructure Act, other than
advice agency Infrastructure
Act, development in an area mentioned in
chapter 8, part 3 item 16
Page
112 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction 18
Operational work made assessable
Queensland Fire and The fire
safety under schedule 3, part 1, table 4,
Emergency management
item
5, that— Service—as an procedures
under (a) is tidal works; and
advice agency the
Fire
and Emergency Services (b)
involves a marina, as defined
Act under the Transport
Operations (Marine Pollution) Act 1995
, with more than 6 vessel berths
Queensland heritage place
19 Development on a Queensland
heritage place made assessable
under
schedule 3, part 1, table 5, item 2
The
chief The purpose of the executive—as
a Act concurrence agency Electricity
infrastructure 21 Reconfiguring a lot if—
(a) any part of the lot is subject
to an easement in favour of a
distribution entity or transmission
entity under the Electricity Act 1994 and the
easement is for a transmission
grid
or supply network under that Act; or The chief
executive of the entity—as an advice
agency The purposes of the Electricity Act
1994 and the Electrical
Safety Act 2002 (b)
any
part of the lot is situated within 100m of a substation
site Contaminated land 22
Reconfiguring a lot if all or part of
The
chief The purpose of the the premises
are— executive—as a Act
(a) potentially affected premises;
or concurrence agency (b)
in an
area for which an area management advice has been
given
for unexploded ordnance 23 A material change
of use made The chief The purpose of
the assessable under schedule 3, part 1,
executive—as a Act
table
2, item 6 or 7 concurrence agency Current as at 28
May 2014 Page 113
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Works or other
development in or adjoining a fish habitat area 25
Building work in a declared fish
habitat area made assessable under
schedule 3, part 1, table 1, item 2
The
chief The purpose of the executive—as
a Act concurrence agency 26
Operational work, completely or
The
chief The purpose of the partly within a
declared fish habitat executive—as a Act
area,
made assessable under concurrence agency schedule 3, part
1, table 4, item 7 27 Development on land that adjoins
a The chief The purpose of
the declared fish habitat area made
executive—as a Act
assessable under schedule 3, part 1
concurrence agency Certain
aquaculture 28 A material change of use of
The
chief The purpose of the premises for
aquaculture made executive—as a Act
assessable under schedule 3, part 1,
concurrence agency table 2, item
10 Constructing or raising waterway barrier
works 29 Operational work that is the
The
chief The purpose of the constructing or
raising of a executive—as a Act
waterway barrier works made
concurrence agency assessable under
schedule 3, part 1, table 4, item 6 Removal,
destruction or damage of marine plants 30
Operational work that is the
The
chief The purpose of the removal,
destruction or damage of a executive—as a Act
marine plant made assessable under
concurrence agency schedule 3, part
1, table 4, item 8 31 Reconfiguring a lot, if the
The
chief The purpose of the reconfiguration
involves operational executive—as a Act
work
that is the removal, destruction concurrence
agency or damage of a marine plant and
there
is no development permit for the operational
work Page 114 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction 32
A
material change of use of The chief The purpose of
the premises, if the material change of
executive—as a Act
use
involves operational work that is concurrence
agency the removal, destruction or damage
of a
marine plant and there is no development
permit for the operational work Public passenger
transport 33 Reconfiguring a lot if any part of
the The chief The purpose of
the land is— executive—as
a Act (a) within 25m of a
public concurrence agency passenger
transport corridor and 1 or both of the following
apply— (i)
the
total number of lots is increased; (ii)
an
easement abutting the corridor is created; or
(b) future public passenger
transport corridor Railways
34 Reconfiguring a lot if any part of
the The chief The purpose of
the land is— executive—as
a Act (a) within 25m of a
railway or concurrence agency future railway
land and 1 or both of the following apply—
(i) the total number of lots is
increased; (ii)
an
easement abutting the railway or future railway
land
is created; or (b) future railway land
Current as at 28 May 2014 Page
115
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction State-controlled
transport tunnels 34A Reconfiguring a lot if any part of
the land is, or is within 50m of—
(a) a State-controlled transport
tunnel; or The chief
executive—as a concurrence
agency The purpose of the Act
(b) a future State-controlled
transport tunnel Oil and gas
infrastructure 35 Reconfiguring a lot if any part of
the If the holder of the The purposes of
the lot is subject to an easement in
licence is not an Petroleum Act
1923 favour of the holder of pipeline
individual, the chief and the
Petroleum licence number 1
issued under the executive of the and Gas
Petroleum Act 1923 and the
holder—as an (Production
and easement is for the construction or
advice agency Safety) Act
2004 ostpraetreagtiiocnpoipfetlhieneMuonodneirethtoatBAricstbane
lIifctehnecehoisldaenr of the
individual, the holder—as
an advice agency Regional
plans 39 Reconfiguring a lot to which
division 3 of the State planning
regulatory provisions for the SEQ
region applies The chief
executive —as a concurrence agency
The
State planning regulatory provisions for
the SEQ region Certain
agricultural or animal husbandry activities in a wild river
area 41 A material change
of use of premises, for agricultural activities
or
animal husbandry activities in a wild river area,
made assessable under schedule 3, part 1, table 2,
item
11 The chief The purpose of
the executive—as a Act
concurrence agency 42
Operational work, for agricultural
The
chief The purpose of the activities or
animal husbandry executive—as a Act
activities in a wild river area, made
concurrence agency assessable under
schedule 3, part 1, table 4, item 9 Page 116
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Land in or near a
wetland 43A Reconfiguring a lot if—
(a) any part of the land is
situated in a wetland protection area;
and The chief The purpose of
the executive—as a Act
concurrence agency (b)
the
reconfiguration results in more than 6 lots, or any lot
created is less than 5ha; and
(c) the reconfiguration involves
operational work that is high
impact earthworks in a wetland
protection area, other than for a
domestic housing activity
43B
Operational work made assessable under schedule 3,
part 1, table 4, item 10 if the chief executive is not
the assessment manager The chief
executive —as a concurrence agency
The
purpose of the Act Land in distributor-retailer’s
geographic area 47 Reconfiguring a lot made
assessable The The effects of the under schedule 3,
part 1, table 3, distributor-retailer development on
a item 1, or operational work for
for
which the local water service or reconfiguring a
lot made assessable government is a wastewater
service under schedule 3, part 1, table 4,
participating local of a
item
2, if— government—as a distributor-retailer (a)
the
land is in the area of a local concurrence
agency government that, under the
Note —
SEQ
Water Act, is a Under the SEQ participating
local government Water Act, this for a
distributor-retailer; and jurisdiction is (b)
the
participating local government is the assessment
delegated to the local
government. manager; and (c)
the
development application is made before 1 July 2014
Current as at 28 May 2014 Page
117
Sustainable Planning Regulation 2009
Schedule 7 Table 2—Other
development made assessable under schedule 3 (whether
or
not the development is also assessable under a planning
scheme, temporary local planning instrument or
preliminary approval to which section 242 of
the Act applies) Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Construction of
new levees or modification of existing levees 48
Operational work that is—
The
chief The purpose of the (a)
3colnesvtereu; cotiron of a new
category cexoenccuutrirveen—ceaasgaency
Act (b) modification of
an existing levee if, after the modification,
the
levee will fulfil the requirements for a category 3
levee Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction State-controlled
road 1 Making a material change of use
The
chief The purpose of the of premises if
any part of the executive—as a Act
land— concurrence
agency (a) is within 25m of a State-controlled
road; or (b) is future State-controlled
road;
or (c) abuts a road that intersects
with
a State-controlled road within 100m of the land
Page
118 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction 1A
Operational work, other than work
The
chief associated with a material change
executive—as a of use mentioned
in item 1 of this concurrence agency table,
operational work associated with reconfiguring a lot
mentioned in table 2, item 2, or work for
government supported transport
infrastructure, if— The purpose of
the Act (a) any part of the
land— (i) is within 25m of a State-controlled
road; or (ii) is future State-controlled
road;
and (b) the work— (i)
is
associated with access to the State-controlled
road
or future State-controlled road; or
(ii) is for filling or excavation;
or (iii) involves the redirection
or
intensification of site stormwater from the
land,
through a pipe with a cross-sectional area greater than
625cm 2 , to a State-controlled
road or future State-controlled road
Current as at 28 May 2014 Page
119
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Development
impacting on State transport infrastructure 2
An
aspect of development The chief The purpose of
the identified in schedule 9 that—
executive—as a Act
(a) is for a purpose mentioned in
concurrence agency schedule 9,
column 1; and (b) meets or exceeds the
threshold— (i)
for
development in LGA population 1—mentioned in schedule 9,
column 2 for the purpose; or (ii)
for
development in LGA population 2—mentioned in schedule 9,
column 3 for the purpose. However, if the
development is for a combination of purposes
mentioned in the same item of
schedule 9, the threshold is for the
combination of purposes and not
for
each purpose individually. Page 120 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Coastal
management districts 5 Material change of use, if
carrying The chief The purpose of
the out the change of use will
executive—as a Act
involve— concurrence
agency (a) operational work, other than
excluded work, carried out
completely or partly in a
coastal management district;
or (b) building work,
carried out completely or partly in a
coastal management district,
that
is— (i) the construction of new
premises with a GFA of at least
1000m 2 ; or (ii)
the
enlargement of the GFA of existing premises by more
than 1000m 2
Land
designated for community infrastructure 6
Development on land designated
The
chief The purpose of the for community
infrastructure— executive—as a Act
(a) intended to be supplied by a
concurrence agency public sector
entity; and (b) on land not owned by or on
behalf of the State; and (c)
other
than development— (i) for the designated purpose;
or (ii) carried out by, or on
behalf of, the designator
Current as at 28 May 2014 Page
121
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Electricity
infrastructure 7 A material change of use not
The
chief executive The purposes under associated with
reconfiguring a lot of the entity—as an the
Electricity Act if—
advice agency 1994
and
the (a) any part of the premises is
subject to an easement in
Electrical Safety Act 2002
favour of a distribution entity
or
transmission entity under the Electricity Act
1994 and the easement is for a
transmission grid or supply
network under that Act; and
(b) any structure or work that is
the
natural and ordinary consequence of the use is, or
will
be, located completely or partly in the easement
8 A material change of use not
The
chief executive The purposes under associated with
reconfiguring a lot of the entity—as an the
Electricity Act if any part of
the premises is advice agency 1994
and
the situated within 100m of a
Electrical Safety Act substation
site 2002 9 Operational work
that is filling or The chief executive The purposes
under excavation, not associated with
of
the entity—as an the Electricity Act reconfiguring a
lot, if— advice agency 1994
and
the (a) any part of the premises is
subject to an easement in
Electrical Safety Act 2002
favour of a distribution entity
or
transmission entity under the Electricity Act
1994 and the work is located
completely or partly in the
easement; or (b)
the
work is located completely or partly within
10m
of a substation site Page 122 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Clearing
vegetation 10 Material change of use of a lot that
is 5ha or larger, if— (a)
for
development for which a preliminary approval is sought
under
the Act, section 242, the lot contains native vegetation
shown
on the regulated vegetation management map as
a
category A area or category B area; or
The
chief executive—as a concurrence
agency The purpose of the Act
(b) for other development that is
not
sole or community residence clearing— (i)
additional exempt operational work
could be carried out because of the
material change of use or
the
development involves operational work made assessable under
schedule 3, part 1, table 4, item 1;
and (ii) the additional
exempt operational work or assessable
operational work includes development other
than the clearing of regulated
regrowth vegetation on freehold land,
indigenous land or land the subject of
a
lease issued under the Land Act 1994 for
agriculture or grazing purposes
Current as at 28 May 2014 Page
123
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Contaminated
land 11 A material change of use if all
or The chief part of the
premises is in an area executive—as a for which an area
management concurrence agency advice has been
given for unexploded ordnance The purpose of
the Act Regional plans 12
A
material change of use to which The chief
executive division 2 of the State planning
administering the regulatory
provisions for the SEQ Act—as a region
applies concurrence agency The State
planning regulatory provisions for the SEQ
region Public passenger transport
14 Development— The chief
(a) that is either— executive—as
a concurrence agency (i)
a
material change of use of premises; or The purpose of
the Act (ii) operational work
not associated with— (A)
a
material change of use of premises; or (B)
reconfiguring a lot as mentioned in
table 2, item 33; or (C)
government supported
transport infrastructure; and (b)
if
any part of the land is— (i) within 25m of a
public passenger transport corridor;
or (ii) future public passenger
transport corridor Page 124
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Railways
15A A material change of use of
premises if any part of the land
is— The chief executive—as
a concurrence agency The purpose of
the Act (a) within 25m of a
railway or future railway land; or (b)
future railway land 15B
Operational work involving
extracting, excavating or filling
more
than 50m 3 , other than work associated with a
material change of use mentioned in item 15A(a)
of
this table, reconfiguring a lot mentioned in
table 2, item 34, or government supported transport
infrastructure, if the land is—
The
chief executive—as a concurrence
agency The purpose of the Act
(a) within 25m of a railway or
future railway land; or (b)
future railway land Current as at 28
May 2014 Page 125
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction State-controlled
transport tunnels 15C A material change of use of
premises, or operational work
other
than work associated with a material change of use of
premises or reconfiguring a lot as
mentioned in table 2, item 34A, if
the
land is— The chief executive—as
a concurrence agency The purpose of
the Act (a) a
State-controlled transport tunnel; or (b)
a
future State-controlled transport tunnel; or
(c) within 50m of a State-controlled
transport tunnel or future State- controlled
transport tunnel Oil and gas infrastructure
16 A material change of use not
If
the holder of the The purposes of the associated with
reconfiguring a lot licence is not an Petroleum Act
1923 if— individual, the chief
and
the Petroleum (a)
aahnnoyledpaesarerotmfoefpnittpheienllionfatevilsoicusuernbocjfeecthteto
ahexgoeeldcneucrty— iveasofanthaedvice aanndd
SGaafset(yP) rAocdtu2ct0i0o4n number 1 issued
under the If the holder of the Petroleum Act
1923 and the licence is
an easement is for the individual,
the construction or operation of
holder—as an advice the Moonie to
Brisbane agency strategic
pipeline under that Act; and (b)
any
structure or work that is the natural and ordinary
consequence of the use is, or
will
be, located completely or partly in the easement
Page
126 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction 17
Operational work that is filling,
If
the holder of the The purposes of the excavation,
compaction, drilling, licence is not an Petroleum Act
1923 boring or piling not associated
individual, the chief and the
Petroleum with
reconfiguring a lot, if any executive of the and Gas
(Production part of the premises is subject to
holder—as an advice and Safety) Act
2004 an easement in favour of the
agency holder of
pipeline licence number 1 issued under the Petroleum
Act 1923 and the work is located
completely or partly in the
easement If the holder of
the licence is an individual,
the holder—as an advice agency
Land
in or near a wetland 21A Material change of use, other
than a material change of use relating
to a
domestic housing activity, government supported transport
infrastructure or electricity
infrastructure, if— The chief
executive—as a concurrence
agency The purpose of the Act
(a) any part of the land is
situated in a wetland protection area;
and (b) the material
change of use involves operational work
that
is high impact earthworks in a wetland protection
area Removal, destruction or damage of marine
plants 25 A material change of use of
The
chief premises if the material change of
executive—as a use involves
operational work that concurrence agency is the removal,
destruction or damage of marine plants, and
there
is no development permit in effect for the operational work
The
purpose of the Act Current as at 28 May 2014
Page
127
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction Development in
distributor-retailer’s geographic area 26
Development in the area of a local
The The effects of the government that,
under the SEQ distributor-retailer for development on
a Water Act, is a participating local
which
the local water service or government for
a government is a wastewater
service of distributor-retailer, if the
participating local a
distributor-retailer development application is made
government—as a before 1 July
2014 concurrence agency Note
— Under the SEQ Water
Act,
this jurisdiction is delegated to the local
government. Particular development on SCL or potential
SCL 27 Material change of use, other
than The chief a use or in an
area mentioned in executive—as a schedule 13A, of
a lot of 5ha or concurrence agency larger if the
footprint for the change of use is— The purpose of
the Act (a) wholly or partly
on SCL or potential SCL; and (b)
more
than 750m 2 Page 128 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 7 Table
3—Development made assessable under a planning scheme,
temporary local planning instrument,
preliminary approval to which section 242 of
the Act applies or State planning regulatory provisions
Column 1 Application
involving Column 2 Referral
agency and type Column 3
Referral jurisdiction 28
Reconfiguring a lot, other than in
The
chief an area mentioned in schedule
executive—as a 13A, if, under
the reconfiguration, concurrence agency any lot with SCL
or potential SCL in it is less than 15ha The purpose of
the Act 29 A material change
of use (not The Minister relating to a
significant project) in administering the a protection
area— SCL Act—as a (a)
for
which the chief executive concurrence agency is a concurrence
agency under item 27; and The SCL Act,
chapter 4 (b) the carrying out
of which will have a permanent impact on SCL or
potential SCL; and (c)
the
footprint of which is more than 3000m 2
Current as at 28 May 2014 Page
129
Sustainable Planning Regulation 2009
Schedule 7A Schedule
7A Particular assessment manager
and
concurrence agency application fees sections 21A and
21B Part 1 Preliminary 1
Meaning of symbols used in sch 7A
In column 4,
for an entry
for an aspect
of development mentioned in
column 2— A means the fee stated opposite in
column 3 is the assessment manager application fee for a
development application for that aspect of
development; and C means the
fee stated opposite
in column 3
is the concurrence agency
application fee
for a development application for
that aspect of development. Part 2
Application fees 12
34 Development to which application
relates Application fee
Brisbane core port land 1
Development on Brisbane core port land that
is assessable development under the Brisbane
port LUP— (a) if the development is consistent with
the Brisbane port LUP and requires code assessment
(b) if the development is inconsistent
with the Brisbane port LUP and requires—
5
126.85 A Page 130 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 7A 12
34 Development to which application
relates Application fee
(i) code assessment; or
(ii) impact assessment 7 690.55
17
867.00 A A Environmentally
relevant activities 2 A material change of use of premises
for an environmentally relevant activity
570.30 A, C
Clearing vegetation 3
Operational work that is the clearing of
vegetation, for reconfiguring a lot— (a)
if
the reconfiguration is the reconfiguration of 1 lot
to
create 2 lots (b) otherwise 378.40
A,
C 5 714.25 A, C
4 A material change of use of a lot
mentioned in schedule 7, table 3, item 10
5 Operational work
that is the
clearing of
native vegetation, other
than for reconfiguring a lot or for a material change
of use of premises— (a) for a project declared to be a
coordinated project under the
State Development and
Public Works
Organisation Act 1971 , section 26;
or (b) for establishing a necessary fence,
firebreak, road, vehicular track or necessary built
infrastructure— (i) if the total area to be cleared is
less than 5ha; or (ii) otherwise
5
714.25 A, C 5 714.25 A, C
378.40 A, C
1
370.35 A, C (c) that
is associated with
development for
an extractive industry—
(i) if the industry is in a key resource
area; or 3 428.95 A, C
(ii) otherwise 1 370.35
A,
C Current as at 28 May 2014 Page
131
Sustainable Planning Regulation 2009
Schedule 7A 12
34 Development to which application
relates Application fee
(d) that is a natural and ordinary
consequence of other assessable development for which—
(i) a development approval was given under
the repealed IPA; or (ii)
an application was
made under that
Act, before 16 May 2003 (e)
for
fodder harvesting 378.40 A, C
378.40 A, C
(f) for thinning 378.40
A,
C (g) for clearing of encroachment
378.40 A, C
(h) for high value agriculture clearing or
irrigated high value agriculture clearing—
(i) if the total area to be cleared is
30ha or less— (A) for an area that includes an
endangered regional ecosystem
or of concern
regional ecosystem; or (B)
otherwise; or 1 370.35
A,
C 378.40 A, C
(ii) if the total area to be cleared is
more than 30ha but 250ha or less; or
(iii) if the total area
to be cleared is more than 250ha; or (i)
for
necessary environmental clearing— 3 428.95
A,
C 5 714.25 A, C
(i) if the
clearing is
necessary to
restore the
ecological and
environmental condition
of land; or (ii)
if
the clearing is necessary to divert existing natural channels
in a way that replicates the existing form of
the natural channels— (A) if the total area
to be cleared is 5ha or less; or (B)
otherwise; or nil
3
428.95 A, C 5 714.25 A, C
Page
132 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7A 12
34 Development to which application
relates Application fee
(iii) if the clearing
is necessary to prepare for the likelihood of a
natural disaster; or (iv) if the
clearing is
necessary to
remove contaminants from
land; or (j) if the
clearing is
necessary for
controlling non-native
vegetation or declared pests (k)
if the clearing
is necessary for
ensuring public
safety Taking or
interfering with water 6 Operational work
for taking or interfering with water under the
Water
Act 2000 , other than operational work
for
the construction of a dam or that is carried out in
relation to a dam —
(a) if the application is made with an
application for a water licence under the Water Act
2000 (b) otherwise nil
nil nil nil
nil 109.80 A, C
Quarrying in a watercourse or lake
8 Operational work for removing quarry
material from a watercourse or lake if an allocation notice
is required under the Water Act
2000 109.80 A, C
Tidal
works or work within a coastal management district
9 A material
change of
use of premises
completely or
partly within a coastal management
district— (a) if the material change of use is
associated with the construction of an artificial
waterway 20 123.50 C
(b) otherwise 2 007.90
C 10 Reconfiguring a
lot completely or
partly within
a coastal management district—
(a) if the
reconfiguration is
associated with
the construction of an artificial
waterway (b) otherwise, for reconfiguring the lot
to create— 20 123.50 C
(i) 1 or 2 lots 666.55
C Current as at 28 May 2014
Page
133
Sustainable Planning Regulation 2009
Schedule 7A 12
34 Development to which application
relates Application fee
(ii) 3 lots 1 001.90
C (iii) 4 lots
1
338.25 C (iv) 5 lots
1
673.60 C (v) more than 5
lots 2 007.90 C
11 Operational work
that is undertaking tidal
works, or
works completely
or partly within
a coastal management
district— (a) for tidal works that are to include
works within the boundaries of
an artificial waterway—for each
metre, or
part of a
metre, of
land fronting the
works; or (b)
for
works for a private purpose, other than works to
which
paragraph (a) applies— (i) relating to only
1 residence; 13.90 A, C
267.95 A, C
(ii) relating to 2 or more residences, but
not to a structure used for used for berthing a
vessel (iii) relating to 2 or
more residences and 1 or more structures
used for berthing
a vessel—for each structure;
or (c) for works for another purpose for
which the value of the completed works is—
(i) $10000 or less; or 267.95
A,
C 267.95 A, C
693.45 A, C
(ii) more than $10000 but no more than
$25000; or (iii) more than $25000
but no more than $50000; or (iv)
more
than $50000 but no more than $100000; or
(v) more than
$100000 but
no more than
$250000; or (vi)
more than $250000
but no more
than $500000; or 1 229.60
A,
C 1 470.75 A, C
2
451.90 A, C 2 947.70 A, C
3
888.50 A, C Page 134
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7A 12
34 Development to which application
relates Application fee
(vii) more
than $500000 but
no more than
$1 million; or (viii) more than
$1 million but no more than $2.5 million;
or (ix) more than $2.5 million but no more
than $5 million; or (x)
more
than $5 million but no more than $10 million;
or (xi) more than $10 million but no more than
$25 million; or (xii)
more
than $25 million 6 837.20 A, C
8
314.15 A, C 13 950.75 A, C
16
097.35 A, C 22 805.20 A, C
26
831.35 A, C (d) for
works for
coastal management
purposes that
involve beach nourishment, stinger net
enclosures, fencing of coastal dunes or re-vegetation of
coastal dunes with endemic native vegetation;
or (e) for works
directly related
to the provision
of lifesaving or
rescue services
by a volunteer
community organisation Aquaculture 12
A
material change of use of premises for aquaculture—
nil nil (a)
for
which there is not more than 1 referral agency for the
application— (i) if the premises is in the area
mentioned in a resource allocation authority
for the development (ii)
if
the aquaculture is carried out in a tank, pond or hatchery
on land and the material change of use is not expected to cause
the discharge of waste into Queensland
waters (iii) if the
aquaculture is carried out in a tank, pond or hatchery
on land and the material change of
use is expected
to cause the
discharge of waste into Queensland
waters (b) for which there are 2 or more referral
agencies for the application— 2 218.85
658.55 3 588.70
2
028.40 A C A
C 5 448.20 3 887.90
A C Current as at 28
May 2014 Page 135
Sustainable Planning Regulation 2009
Schedule 7A 12
34 Development to which application
relates Application fee
(i) if paragraph (a)(i) applies; or
3
649.25 658.55 A
C (ii) if paragraph
(a)(ii) applies; or 5 109.10 2 028.40
A C (iii)
if
paragraph (a)(iii) applies 6 878.55 3 887.90
A C Fisheries
development other than aquaculture 13
Operational work for constructing or raising
waterway barrier works— (a)
for
which there is not more than 1 referral agency for the
application and 1 or more of the following apply—
2
218.85 658.55 A
C (i) the
applicant has
a fish movement
exemption notice for the application that
is in force; (ii)
the
waterway barrier works— (A) are
to be constructed or
raised in
a non-tidal waterway; and
(B) are to be in place for more than 1
year; and (C) are
not waterway barrier
works to
which
the temporary waterway barrier works code
applies; (iii) the waterway
barrier works are a bridge to be
constructed— (A) in the
bankfull width
of a waterway;
and (B) without a scour
protection component; (b) for which there
are 2 or more referral agencies for the application
and 1 or more of paragraphs (a)(i) to (iii)
apply 3 649.25 658.55
A C 14
Operational work for constructing or raising
waterway barrier works— Page 136
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7A 12
3 Development to which application
relates Application fee
(a) for which there is not more than 1
referral agency for the application and 1 or more of the
following apply— 3 588.70
2
084.40 (i) the waterway barrier works are
expected to be capable of impounding a maximum of
1000
megalitres; (ii) the waterway
barrier works
are to be
constructed or raised— (A)
in the bankfull
width of
a waterway; and
(B) with a scour protection
component; (iii) the waterway
barrier works— (A) are expected
to cross a
non-tidal waterway;
and (B) are not
waterway barrier
works to
which the
minor waterway
barrier works code
applies; (iv) the waterway barrier works—
(A) are to be in place for more than 1
year; and (B) are
not waterway barrier
works to
which
the temporary waterway barrier works code
applies; (v) items 15
and 16 do
not apply to
the waterway barrier works;
(b) for which there are 2 or more referral
agencies for the application and 1 or more of paragraphs
(a)(i) to (v) apply 5 019.10
2
084.40 15 Operational work for constructing or
raising waterway barrier works— (a)
for
which there is not more than 1 referral agency for the
application and 1 or more of the following apply—
5
448.20 3 887.90 4
A C A
C A C
Current as at 28 May 2014 Page
137
Sustainable Planning Regulation 2009
Schedule 7A 12
3 Development to which application
relates Application fee
(i) the waterway barrier works are
expected to be capable of impounding a maximum of
more
than 1000 megalitres, but no more than 30000
megalitres; (ii) the waterway barrier works are to be
in place for less than 1 year;
(iii) the
waterway barrier
works are
to be constructed or
raised— (A) in the
bankfull width
of a waterway;
and (B) with a scour
protection component; (iv) the waterway
barrier works— (A) are to be in a tidal area; and
(B) are not
waterway barrier
works to
which the
minor waterway
barrier works code
applies; (v) the waterway barrier works—
(A) are to be in a tidal area; and
(B) are to be in place for less than 1
year; (vi) the waterway
barrier works
are to be
constructed or raised in—
(A) a mainstream waterway; or
(B) a major tributary; (b)
for
which there are 2 or more referral agencies for the application
and 1 or more of paragraphs (a)(i) to (vi)
apply 6 878.60 3 887.90
16 Operational work for constructing or
raising waterway barrier works
that are expected
to be capable
of impounding a maximum of more than
30000 megalitres and require construction of a
fishway— 4 A C
Page
138 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7A 12
3 Development to which application
relates Application fee
(a) for which there is not more than 1
referral agency for the application 21 335.50
19
775.20 (b) for which there are 2 or more referral
agencies for the application 22 765.90
19
775.20 4 A C
A C 17
Operational work completely or partly within
a declared fish habitat area— (a)
for which there
is not more
than 1 referral
agency for the application—
(i) if the resource allocation authority
for the operational work
authorises all
the operational work (ii)
otherwise (b)
for
which there are 2 or more referral agencies for the application
and paragraph (a)(i) applies (c)
for
which there are 2 or more referral agencies for the application
and paragraph (a)(ii) applies 18
Operational work
that is the
removal, destruction or
damage of marine plants— (a)
for
which there is not more than 1 referral agency for the
application and 1 or more of the following apply—
(i) the operational work
is the removal,
destruction or
damage of
marine plants
covering an area of less than 5m
2 ; (ii)
the
operational work is for the restoration of a declared
fish habitat area; (iii) the
operational work
is the removal
of dead marine wood, from land other
than unallocated State
land, for
trade or
commerce; 2 218.85
658.55 3 588.70
2
028.40 3 649.25 658.55
5
019.10 658.55 A
C A C
A C A
C 2 218.85 658.55
A C Current as at 28
May 2014 Page 139
Sustainable Planning Regulation 2009
Schedule 7A 12
3 Development to which application
relates Application fee
(iv) before the operational work is to
start, the marine plants cover an area of less
than 500m 2
that
is above the level of the highest astronomical
tide; (v) the operational work is for
education or research or for monitoring the impact
of development on marine plants;
(vi) the operational work
relates to
works described
as public (community
benefit) works under the
fish habitat management operational policy;
(vii) the
operational work
is for beach
replenishment for
the protection of
infrastructure; or (b)
for
which there are 2 or more referral agencies for the application
and 1 or more of paragraphs (a)(i) to (vii)
apply 3 649.25 658.55
19 Operational work
that is the
removal, destruction or
damage of marine plants— (a)
for
which there is not more than 1 referral agency for the
application and 1 or more of the following apply—
3
588.70 2 028.40 (i)
the
operational work— (A) is the removal, destruction or
damage of plants covering an area of at
least 5m 2 , but less than
50m 2 ; and (B)
is
expected to cause a loss of capacity of tidal
land; (ii) the operational work—
(A) is the removal, destruction or
damage of plants covering an area of less
than 100m 2
;
and (B) is not
expected to
cause a
loss of capacity of tidal
land; 4 A C
A C Page 140
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7A 12
3 Development to which application
relates Application fee
(iii) the
plants cover
an area of
more than 500m
2 that is above the level of the
highest astronomical tide; (iv)
the
plants cover an area up to 50 per cent greater than the
area described under the maintenance works
declared fish
habitat area
code as the
maximum allowable
disturbance for
removing, destroying
or damaging marine plants and for works
in a declared fish
habitat area
around an
existing lawful structure;
(b) for which there are 2 or more referral
agencies for the application and 1 or more of paragraphs
(a)(i) to (iv) apply 5 019.10
2
028.40 20 Operational work
that is the
removal, destruction or
damage of marine plants— (a)
for
which there is not more than 1 referral agency for the
application and 1 or more of the following apply—
5
448.20 3 887.90 (i)
the
operational work— (A) is the removal, destruction or
damage of plants covering an area of at
least 50m 2 , but less than
250m 2 ; and (B)
is
expected to cause a loss of capacity of tidal
land; (ii) the operational work—
(A) is the removal, destruction or
damage of plants covering an area of at
least 100m 2
, but
less than 500m 2 ; and (B)
is not expected
to cause a
loss of capacity of tidal
land; or (b) for which there are 2 or more referral
agencies for the application and paragraph (a)(i) or (ii)
applies 6 878.60 2 028.40
4 A C
A C A
C 21 Operational work
that is the
removal, destruction or
damage of a marine plant—
Current as at 28 May 2014 Page
141
Sustainable Planning Regulation 2009
Schedule 7A 12
3 Development to which application
relates Application fee
(a) for which there is not more than 1
referral agency for the application and 1 or more of the
following apply— 9 503.75
7
943.40 (i) the operational work—
(A) is the removal, destruction or
damage of plants covering an area of at
least 250m 2
, but
less than 500m 2 ; and (B)
is
expected to cause a loss of capacity of tidal
land; (ii) the operational work—
(A) is the removal, destruction or
damage of plants covering an area of at
least 500m 2
;
and (B) is not
expected to
cause a
loss of capacity of tidal
land (b) for which there are 2 or more referral
agencies for the application and paragraph (a)(i) or (ii)
applies 10 934.10 7 943.40
4 A C
A C 22
Operational work
that is the
removal, destruction or
damage of marine plants covering an area of
at least 500m 2
and
is expected to cause a loss of capacity of tidal
land— (a) for which there is not more than 1
referral agency for the application 21 335.50
19
775.20 A C (b)
for
which there are 2 or more referral agencies for the
application 22 765.90 19 775.20
A C Wetland
protection areas 23 High impact earthworks in a wetland
protection area associated with a material change of use of
premises— (a) for urban purposes (b)
for
any other purpose— 5 548.65 A, C
Page
142 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 7A 12
34 Development to which application
relates Application fee
(i) if the premises is at least 200m from
the closest point on any boundary of a
wetland (ii) if the premises is less than 200m from
the closest point on any boundary of a
wetland 24 High impact earthworks in a wetland
protection area associated with reconfiguring a lot—
(a) for urban purposes 554.75
A,
C 2 219.05 A, C
5
548.65 C (b) for any other
purpose— (i) if the lot is at least 200m from the
closest point on any boundary of a wetland
(ii) if the lot is less than 200m from the
closest point on any boundary of a wetland
25 High impact earthworks in a wetland
protection area other than high impact earthworks mentioned
in item 23 or 24— (a)
for
urban purposes 554.75 2 219.05
C C 5 548.65
A,
C (b) for any other purpose—
(i) if the high impact earthworks are
carried out at least 200m from the closest point
on any boundary of a wetland
(ii) if the high impact earthworks are
carried out less than 200m from the closest
point on any boundary of a wetland
SCL
or potential SCL 26 Reconfiguring a
lot completely or
partly on
SCL or potential
SCL 27 A material
change of
use of premises
completely or
partly on SCL or potential SCL—
(a) if the footprint of the material
change of use of the premises is no more than 3000m
2 554.75 A, C
2
219.05 A, C 535.10 A, C
535.10 A, C
Current as at 28 May 2014 Page
143
Sustainable Planning Regulation 2009
Schedule 7A 12
34 Development to which application
relates Application fee
(b) if the footprint of the material
change of use of the premises is more than 3000m
2 but no
more than 10000m
2 (c) if the footprint
of the material change of use of the premises is more
than 10000m 2 9 678.30 A, C
29
194.25 A, C Page 144
Current as at 28 May 2014
Schedule 8 Sustainable
Planning Regulation 2009 Schedule 8 Special fire
services and referral jurisdiction of Queensland Fire
and Emergency Service for them
schedule 7, table 1, item 1
Part
1 Special fire services 1
air-handling systems used for smoke
control 2 emergency lifts 3
emergency sound systems and intercom
systems 4 fire control centres
5 fire detection
and alarm systems
(other than
stand-alone smoke alarms not
required to be interconnected or connected to a fire
indicator panel) 6 fire hydrants 7
fire
mains (other than fire mains that connect only fire hose
reels) 8
services provided
under conditions imposed
under the
Building Act, section 79 Editor’s
note — Building Act, section 79 (Hazardous
buildings) 9 services required under the BCA,
clause E1.10 10 smoke and heat venting systems
11 smoke exhaust systems
12 special automatic
fire suppression systems
(including foam,
deluge and gas flooding systems)
13 sprinklers (including wall-wetting
sprinklers) Current as at 28 May 2014 Page
145
Sustainable Planning Regulation 2009
Schedule 8 14
stairwell pressurisation systems
15 vehicular access for large isolated
buildings Part 2 Referral
jurisdiction 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 Emergency sound systems and intercom
systems • achievement of specified performance
of sound systems and intercom systems •
operation of interface of sound systems and
intercom systems • location of
main emergency
control panel
and warden intercom
points • suitability of
warning tone
and sound pressure
levels under
test Fire control centres
• location of control centre
• suitability of contents, ventilation,
signage, lighting and sound levels of
control centre Page 146 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 8 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 varied—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
adjacent buildings
• operation of fixed pump-set controls
and status indication • provision of
additional hydrant services as mentioned in AS 2419
• provision of suitable facilities for
testing internal hydrants • provisions for
connection of
fire authority
portable relay
booster pump •
provisions for hard standing for fire
appliances Current as at 28 May 2014 Page
147
Sustainable Planning Regulation 2009
Schedule 8 Hazardous
buildings • suitability of
special fire
services and
site requirements for
hazardous buildings mentioned in the
Building Act, section 79 Provision for special hazards
• suitability of special fire services
for the protection of special hazards as
mentioned in the BCA, clause 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 mentioned in AS 2118
• the location
of valve room,
pump-sets, water
alarm and
booster point Wall-wetting
sprinklers • location of isolating valves
• provision of suitable signs
Page
148 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 8 Large isolated
buildings • suitability of
site provisions for
access by
fire authority
vehicles Current as at 28
May 2014 Page 149
Sustainable Planning Regulation 2009
Schedule 9 Schedule 9
Development impacting on State transport
infrastructure and thresholds schedule 7, table
3, item 2 Column 1 Purpose
Column 2 Threshold
for
LGA population 1 Column 3
Threshold for LGA
population 2 Material change
of use made assessable under a planning scheme, temporary
local planning instrument or preliminary approval to which
section 242 of the Act applies 1
Accommodation activities, other
200
dwellings or 50 dwellings or than a hotel or
residential care premises designed to premises designed
to facility accommodate
300 accommodate 75 people
people 2
Club 3 Hotel
4 Function facility 8000m
2 GFA or seating capacity
for 1500 people 4000m
2 GFA or seating capacity
for 1500 people 5
Theatre 6
Shop 8000m 2
GFA 4000m 2
GFA 7 Showroom
8 Shopping centre (including
theatres, food and drink outlets
and
offices) 10 Office 5000m
2 TSA 5000m
2 TSA 12
Hospital 100 beds
50
beds 13 Residential care facility
14 Mixed use—any combination of
16000m 2
GFA accommodation activities,
(combined total) business
activities, entertainment activities or recreation
activities 8000m 2
GFA (combined total) Page 150
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 9 Column 1
Purpose 15
Educational establishment that is
1, or
a combination, of the following— (a)
a
primary school; (b) a secondary school;
(c) a college; (d)
a
university; (e) a technical institute
16 Tourist attraction 17
Major
sport, recreation and entertainment facility
18 Extractive industry
19 High impact industry
20 Noxious and hazardous
industries (other than an
abattoir) 21
Intensive animal industries
22 Noxious and hazardous industry
that
is an abattoir 23 One, or a combination, of the
following— (a)
warehouse; (b)
medium impact industry; (c)
low
impact industry 24 Car park (including heavy
vehicle parking) 25
Airport, bus or ferry terminal
Column 2 Threshold
for
LGA population 1 All new
establishments and extensions to
existing establishments likely to accommodate
an additional 100 students or
4 classrooms 5000m
2 TSA or if totally
indoor 8000m 2
GFA Using machinery having an
annual throughput of product of
10000t Total facility capacity of—
(a) for cattle—2000 head; or
(b) for pigs—3000 head; or
(c) for sheep— 10000 head;
or (d) for poultry— 200000
birds 16000m 2
GFA (combined total) 5000m
2 TSA All
Column 3 Threshold
for
LGA population 2 All new
establishments and extensions to
existing establishments likely to accommodate
an additional 100 students or
4 classrooms 5000m
2 TSA or if totally
indoor 4000m 2
GFA Using machinery having an
annual throughput of product of
10000t Total facility capacity of—
(a) for cattle—2000 head; or
(b) for pigs—3000 head; or
(c) for sheep— 10000 head;
or (d) for poultry— 200000
birds 8000m 2
GFA (combined total) 5000m
2 TSA All
Current as at 28 May 2014 Page
151
Sustainable Planning Regulation 2009
Schedule 9 Column 1
Purpose Column 2
Threshold for LGA
population 1 Reconfiguring a
lot 27 Accommodation activities
200
dwellings 28 Business activities
12000m 2
TSA (combined total) 29
Industry activities 32000m
2 TSA (combined
total) Operational works 30
Filling or excavation not
10000t associated with a
material change of use or reconfiguring a
lot Column 3 Threshold
for
LGA population 2 50
dwellings 3000m 2
TSA (combined total) 16000m
2 TSA (combined
total) 10000t Page 152
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 13A Schedule
13A Excluded matters for SCL or
potential SCL concurrence
agency jurisdiction schedule 7, table
3, items 27 and 28 1 any of the following as defined under
the standard planning scheme provisions— •
animal husbandry •
animal keeping •
aquaculture •
cropping •
a
home based business • intensive animal industries
• intensive horticulture
• landing •
outdoor lighting •
roadside stalls •
a
winery 2 a domestic housing activity
3 a building, structure or activity
supporting cropping on SCL or potential SCL 4
an
urban area 5 an area zoned under a planning scheme
for rural residential or future rural residential
purposes 6 an area described as urban footprint
under a regional plan or State planning regulatory
provision 7 a key resource area
Current as at 28 May 2014 Page
153
Sustainable Planning Regulation 2009
Schedule 13A 8
community infrastructure mentioned in
schedule 2 9 a saleyard Page 154
Current as at 28 May 2014
Schedule 15 Sustainable
Planning Regulation 2009 Schedule 15 Referral agency
assessment periods section 15
Column 1 Column 2
Name
of referral agency Referral agency’s assessment
period (in business days) 1
The
local government, as the concurrence agency
for— (a) building work to demolish or remove
any building or structure or rebuild,
after removal, any building or structure;
or 10 (b) building
assessment work, as defined in the Building Act,
section 7, for a single detached class 1(a)(i) building, class
1(a)(ii) building comprising not more than 2
attached dwellings or a class 10 building;
or 10 (c) other building
assessment work 15 2 Chief executive
of the department in which the Pastoral Workers’
Accommodation Act 1980 is administered 20
3 Queensland Fire and Emergency
Service 15 4 The relevant
service provider as the concurrence 20
agency for building work on a lot that
contains, or is adjacent to a lot that contains, a
sewer, water main or stormwater drain operated by
or for the relevant service provider.
Current as at 28 May 2014 Page
155
Sustainable Planning Regulation 2009
Schedule 18 Schedule
18 Compliance assessment of particular
development section 18 Table
1—Reconfiguring a lot Preliminary matters
1 Development for which
Reconfiguring a lot if— icsormeqpuliiarnecde assessment
(a) itnhteore2cloontsfiognurlaatniodninisatnheinsduubsdtirviaislizoonnoefo1r
lot residential zone (other than a park
residential zone or rural residential zone); and
(b) the size of any lot created is at
least the minimum lot size for the zone stated in
the planning scheme, a temporary local
planning instrument, a master plan or
preliminary approval to which section 242 of the
Act applies; and (c)
the
reconfiguration can comply with the guideline called
‘Statutory Guideline 02/13 Accelerating compliance
assessment—Code for reconfiguring a lot (subdividing one lot
into two) and associated operational works
requiring compliance assessment’ dated 22
November 2013, made by the chief executive under
the Act, section 760 and published on the
department’s website; unless—
(d) the plan of subdivision necessary for
the reconfiguration— (i)
is a
building format plan of subdivision that does not
subdivide land on or below the surface of the land; or
(ii) is for the incorporation, under
the Body Corporate and Community
Management Act 1997 , section 41, of
a lot with common property for a community titles scheme;
or (iii) is for the conversion, under
the Body Corporate and Community
Management Act 1997 , section 43, of
lessee common property within the meaning of that Act
to a lot in a community titles scheme;
or Page 156 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 18 Table
1—Reconfiguring a lot (iv) is in relation to
the acquisition, including by agreement, under the Acquisition
Act or otherwise, of land by—
(A) a constructing authority, as
defined under that Act, for a purpose set out
in parts 1 to 13 (other than part 10,
second dot point) of the schedule to
that
Act; or (B) an authorised electricity entity;
or (v) is for land held by the State, or a
statutory body representing the State, and the land
is being subdivided for a purpose set out
in the Acquisition Act, schedule, parts 1 to
13 (other than part 10, second dot
point) whether or not the land relates to an
acquisition; or (vi)
is
for reconfiguring a lot comprising strategic port
land; or (vii) is for reconfiguring a South Bank
lot within the corporation area under the
South
Bank Corporation Act 1989 ; or (viii)is for the
Transport Infrastructure Act, section 240;
or (ix) is in relation to the acquisition of
land for a water infrastructure facility; or
(x) is for land in a priority development
area; or (e) the
reconfiguration is on any of the following land and the
total number of lots abutting the State-controlled
road is increased— (i) land that is within 25m of a
State-controlled road; (ii)
land
that abuts a road that intersects with a State-controlled
road within 100m of the land; or (f)
the
reconfiguration is of a lot that is 2ha or larger,
if— (i) the size of any lot created is 25ha,
or smaller; and (ii)
either— Current as at 28
May 2014 Page 157
Sustainable Planning Regulation 2009
Schedule 18 Table
1—Reconfiguring a lot (A) the reconfiguring
involves operational work made assessable under schedule
3,
part 1, table 4, item 1, other than operational work
that is only the clearing of regulated regrowth
vegetation; or (B)
on
any lot created, additional exempt operational work,
other than operational work that is only the
clearing of regulated regrowth
vegetation, could be carried out; or
(g) the land is situated completely or
partly within a coastal management district; or
(h) the reconfiguration is in connection
with the construction of a canal; or
(i) the land is in an area declared to be
a catchment area under the Water Act
2000 and the size of any lot created
is less than 16ha; or (j) all or part of
the land is on the contaminated land register or
the environmental management register;
or (k) the reconfiguration is for a purpose
or on land mentioned in schedule 9, column 1 that
meets the threshold in schedule 9, column 2 for
the purpose or land; or (l)
the
reconfiguration is for a purpose or on land mentioned in
schedule 10, column 1 that meets the threshold in
schedule 10, column 2 for the purpose or land;
or (m) division 3 of the State planning
regulatory provisions for the SEQ region, the Far
North Queensland region, the Wide Bay
Burnett region or the Mackay, Isaac and
Whitsunday region applies to the land; or
(n) the land is on or partly on airport
land; or (o) the land is in or partly in a wild
river area; or (p) an overlay in the planning scheme for
the local government area in which the land is
located applies to the land; or (q)
all
or part of the land comprises or contains a Queensland
heritage place or a local heritage place; or
Page
158 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 18 Table
1—Reconfiguring a lot (r) the
reconfiguration is— (i) in connection with the
construction, installation, use, maintenance,
repair, alteration, decommissioning,
demolition or removal of G20 radiocommunications
works; and (ii)
to be
carried out on or before 30 June 2015
2 Matters or things against which
the development is assessed
The
guideline called ‘Statutory Guideline 02/13 Accelerating
compliance assessment—Code for reconfiguring a
lot (subdividing one lot into two) and associated
operational works requiring compliance assessment’ dated
22 November 2013, made by the chief executive
under the Act, section 760 and published on the
department’s website. Process for assessment
3 Compliance assessor
The
local government for the area in which the lot is
situated Table
2—Operational works for reconfiguring a lot Preliminary
matters 1 Development for which
Operational works for reconfiguring a lot,
other than compliance assessment a lot in a
priority development area, if the is
required reconfiguration is also development
requiring compliance assessment 2
Matters or things against which
the development is assessed
The
guideline called ‘Statutory Guideline 02/13 Accelerating
compliance assessment—Code for reconfiguring a
lot (subdividing one lot into two) and associated
operational works requiring compliance assessment’ dated
22 November 2013, made by the chief executive
under the Act, section 760 and published on the
department’s website. Process for assessment
3 Compliance assessor
The
local government for the area in which the lot is
situated Current as at 28
May 2014 Page 159
Sustainable Planning Regulation 2009
Schedule 19 Schedule
19 Compliance assessment of subdivision
plans section 19 Table
1—Subdivision plans Preliminary matters 1
Document for which A subdivision
plan compliance assessment is required
2 Matters or things against
which
the document is assessed 1
If
the reconfiguration proposed to be effected by the
subdivision plan is authorised under a
development permit or a compliance permit for the
reconfiguration— (a) all of the following—
(i) the conditions of the
development permit or compliance permit about
the
reconfiguration have been complied with; (ii)
for a
reconfiguration requiring operational works—the
conditions of the development permit or
compliance permit for the
operational works have been
complied with; (iii) there are
no outstanding rates or charges levied by the local
government or expenses that are a
charge over the land under any Act;
(iv)
the plan has been prepared in compliance with
the development permit or compliance permit;
(v) there are no outstanding
charges levied by a distributor-retailer
under
the Act or the SEQ Water Act; or Page 160
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 19 Table
1—Subdivision plans 2 3 (b)
both
of the following— (i) satisfactory security has been
given to the local government to ensure
compliance with the requirements
of
paragraph (a)(i) to (iii); (ii) the plan is in
accordance with the development permit or compliance
permit If the plan is
required to be submitted to the local government
under a condition of a development permit or a
compliance permit— (a)
all
of the following— (i) the conditions of the
development permit or compliance permit about
the
reconfiguration have been complied with; (ii)
there
are no outstanding rates or charges levied by the local
government or expenses that are a
charge over the land under any Act;
(iii)
the plan is in accordance with the development
permit or compliance permit; (iv) there are no
outstanding charges levied by a distributor-retailer
under
the Act or the SEQ Water Act; or (b)
both
of the following— (i) satisfactory security is given to
the local government to ensure
compliance with the requirements
of
paragraph (a)(i) and (ii); (ii) the plan is in
accordance with the development permit or compliance
permit If the
reconfiguration proposed to be effected by the
plan is not assessable development or development
requiring compliance assessment— (a)
the
plan is consistent with any development permit or
compliance permit relevant to the plan; and
Current as at 28 May 2014 Page
161
Sustainable Planning Regulation 2009
Schedule 19 Table
1—Subdivision plans (b) there are no outstanding rates or
charges levied by the local government or
expenses that are a charge over the
land under any Act; and (c)
there
are no outstanding charges levied by a
distributor-retailer under the Act or the SEQ Water
Act Process for assessment 3
Compliance assessor The local
government for the area the subject of the subdivision
plan 4 When request for compliance
assessment must be made 1
If
the reconfiguration proposed to be effected by the
subdivision plan is authorised under a
development permit or compliance permit—at any
time while the permit has effect 2
If
the subdivision plan is required to be submitted to the
local government under a condition of a development permit
or compliance permit— (a)
within the period stated in the
condition; or (b)
if a
period has not been stated in the condition—within
2 years after the day the permit was given
Additional requirements 5
Requirements under other Any requirements
of the Act under which the Acts subdivision plan
is to be registered or otherwise recorded,
including, for example, notation of the compliance
assessor’s approval on the subdivision plan in a way
required under the other Act Page 162
Current as at 28 May 2014
Schedule 20 Sustainable
Planning Regulation 2009 Schedule 20 Court
fees section 22 $
1 Filing notice of appeal—
(a) if there is only 1 party initiating
the appeal and the party is
an individual, or
if there is
more than
1 party initiating the
appeal and
they are
all individuals . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 532.40
(b) otherwise. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 1 054.00
2 Filing an
originating application— Planning
and Environment Court Rules 2010
,
rule 6— (a) if there is only 1 applicant and the
applicant is an individual, or if there is more than 1
applicant and all applicants are individuals
. .
. . . . . . . . . . . . . . . 532.40
(b) otherwise. . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 1 054.00
3 Issuing a certificate on a final
judgment, order, finding or decision . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .
56.20 4
Filing a document (the first
document ), other than any subsequent
document relating to the first document, for which no other
fee is provided . . . . . . . . . . . . . . . . . . . .
80.80 5
Issuing a copy of a record of the court, a
document or exhibit filed in the registry or reasons for
judgment— (a) first copy—each page . . . . . . . . .
. . . . . . . . . . . . . . 2.15
(b) maximum fee for first copy
. .
. . . . . . . . . . . . . . . . 60.00
(c) additional copy—each page . . . . . .
. . . . . . . . . . . . 0.55 (d)
maximum fee for additional copy. . . . . . .
. . . . . . . 23.60 6
Opening or keeping open the registry after
hours . . . . . 438.10
7 Searching the
record in
an appeal or
other proceeding—for
each name or file . . . . . . . . . . . . . . . . .
20.90 8
Attending a view— (a)
for
each hour or part of an hour . . . . . . . . . . . . . . .
93.15 (b)
but
not more than, for each day . . . . . . . .
. . . . . . . 465.95 Current as at 28
May 2014 Page 163
Sustainable Planning Regulation 2009
Schedule 20 9
Making an
appointment for
assessment of
a costs statement. . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 10 Assessing a costs statement—for each
$100 or part of $100 allowed. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . $
93.15 11.25
Page
164 Current as at 28 May 2014
Schedule 21 Sustainable
Planning Regulation 2009 Schedule 21 Building and
development committee fees section 23
$ 1 Declaration under
chapter 7,
part 2,
division 3,
subdivision 1 of the Act . . . . . . . . . .
. . . . . . . . . . . . . . . . . 227.70
2 Appeal under section 519, 520, 521,
522, 523, 524 or 525 of the Act— (a)
if the appeal
is to be
decided by
a building and
development committee without a site
inspection by the committee or a member of the committee .
. . . . . 335.30 (b)
if the appeal
is to be
decided by
a building and
development committee after a site
inspection by the committee or a member of the committee . . .
. . . . . . 557.85 3
Appeal under section 527, 528, 529, 530,
531, 532 or 533 of the Act about a class 1 building or a
class 10 building or structure— (a)
if the appeal
is to be
decided by
a building and
development committee without a site
inspection by the committee or a member of the committee .
. . . . . 335.30 (b)
if the appeal
is to be
decided by
a building and
development committee after a site
inspection by the committee or a member of the committee . . .
. . . . . . 557.85 4
Appeal under section 527, 528, 529, 530,
531, 532 or 533 of the Act about a class 2, 3, 4, 5, 6, 7, 8
or 9 building with a floor area of 500m
2 or less— (a)
if the appeal
is to be
decided by
a building and
development committee without a site
inspection by the committee or a member of the committee .
. . . . . 488.50 (b)
if the appeal
is to be
decided by
a building and
development committee after a site
inspection by the committee or a member of the committee . . .
. . . . . . 704.80 Current as at 28
May 2014 Page 165
Sustainable Planning Regulation 2009
Schedule 21 $
5 Appeal under section 527, 528, 529,
530, 531, 532 or 533 of the Act about a class 2, 3, 4, 5,
6, 7, 8 or 9 building with a floor area more than
500m 2 — (a)
if the appeal
is to be
decided by
a building and
development committee without a site
inspection by the committee or a member of the committee .
. . . . . 704.80 (b)
if the appeal
is to be
decided by
a building and
development committee after a site
inspection by the committee or a member of the committee . . .
. . . . . . 1 047.40 6
Appeal under section 535 or 849 of the Act .
. . . . . . . . . . 587.85 Page 166
Current as at 28 May 2014
Schedule 22 Sustainable
Planning Regulation 2009 Schedule 22 Local
governments required to review priority infrastructure
plans section 28 Brisbane City
Council Bundaberg Regional Council
Cairns Regional Council Fraser Coast
Regional Council Gladstone Regional Council
Gold
Coast City Council Gympie Regional Council Ipswich City
Council Logan City Council Mackay Regional
Council Moreton Bay Regional Council
Redland City Council Rockhampton
Regional Council Scenic Rim Regional Council
Sunshine Coast Regional Council
Toowoomba Regional Council
Townsville City Council Whitsunday
Regional Council Current as at 28 May 2014 Page
167
Sustainable Planning Regulation 2009
Schedule 23 Schedule
23 Trunk infrastructure charge
rates section 30
Purposes for which a
cahpaprlyge may Wsuaptperly Trunk
infrastructure networks Sewerage Stormwater
Transport management
Public parks and
community land
Reconfiguring a
residential, commercial, retail, or
industrial lot 1 charge
unit for each additional
lot 1 charge unit for each
additional lot 1 charge
unit for each additional
lot Material change of
use or building work for
single dwelling
unit 1 charge unit for each
dwelling 1 charge
unit for each dwelling
1
charge unit for each dwelling
Material change of
use or building work for
multiple dwelling
units 0.75 charge unit for
each dwelling 0.75
charge unit for each dwelling
1
charge unit times (0.7 of site area
divided by 400m
2 ) Material
change of use or
building work for commercial
uses 10 charge units for
each hectare of site area
10
charge units for each hectare of
site area 1 charge
unit for each 400m
2 of site area
Material change of
use or building work for
retail uses 10 charge units for
each hectare of site area
10
charge units for each hectare of
site area 1 charge
unit for each 400m
2 of site area
Material change of
use or building work for
industrial uses 10 charge
units for each hectare of
site area 10 charge
units for each hectare of
site area 1 charge
unit times (0.9 of site area
divided by 400m
2 ) 1 charge
unit for each additional
lot 1 charge unit for each
dwelling 0.8
charge unit for each dwelling
1
charge unit for each 100m
2 of GFA
0.4
charge unit for each 100m
2 of GFA
1
charge unit for each 100m
2 of GFA
1
charge unit for each additional
lot 1 charge unit for each
dwelling 0.5
charge unit for each dwelling
0.3
charge unit for each 100m
2 of GFA
0.3
charge unit for each 100m
2 of GFA
1
charge unit for each hectare of
site area Page 168
Current as at 28 May 2014
Schedule 24 Sustainable
Planning Regulation 2009 Schedule 24 Clearing of
native vegetation—not assessable
development under schedule 3,
part
1, table 4, item 1 schedule 3, part 1, table 4, item 1(e) and
(f) Part 1 Clearing and
other activities or matters—general 1
Clearing and other activities or matters for
land generally (1) Clearing under a development approval
for a material change of use
or reconfiguring a
lot, if
the approval is
given for
a development application—
(a) for which
the chief executive is a
concurrence agency for clearing vegetation; or
(b) if a
lot to which
the application relates
is less than
5ha—for which
a local government is
the assessment manager.
(2) Clearing an area of vegetation within
a watercourse or lake for an activity (other than an activity
relating to a material change of use of
premises or the reconfiguring of a lot) if— (a)
the
clearing is— (i) subject to
an approval process
and is approved
under the Act or another Act; or
(ii) a
necessary and
unavoidable consequence of
an activity authorised by
a permit issued
under the
Water Act 2000 , section 269;
or (iii) a
necessary and
unavoidable consequence of
an activity carried
out under the
document called
‘Riverine Protection Permit
Exemption Requirements’
approved by the chief executive of Current as at 28
May 2014 Page 169
Sustainable Planning Regulation 2009
Schedule 24 the department
that administers the Water Act 2000 and published on
that department’s website; and (b)
either— (i)
the clearing is
under a
self-assessable vegetation clearing code
other than if the vegetation is in an area
shown on
the regulated vegetation management map
or a PMAV as a category A area; or
(ii) the
area is
less than
0.5ha of
a least concern
regional ecosystem
shown on
the regulated vegetation management map
or PMAV as
a category B area; or
(iii) the area is less
than 0.5ha shown on the regulated vegetation management map
or PMAV as
a category C, R or X area.
(3) Clearing vegetation in an area
declared under the Vegetation Management Act,
section 19F if the clearing is carried out— (a)
under the management plan for the area;
and (b) for 1 or both of the following
purposes— (i) a purpose
mentioned in
the Vegetation Management Act,
section 22A(2)(b), (c),
(f), (g),
(h)
or (j); (ii) the
purpose of
establishing a
necessary fence,
firebreak, road or vehicular track and the
clearing can not reasonably be avoided or
minimised. (4) Clearing vegetation—
(a) under a land management agreement for
a lease under the Land Act 1994 ; and
(b) for 1
or more of
the purposes mentioned
in the Vegetation
Management Act, section 22A(2)(b), (c), (d), (f), (g), (h) or
(j). (5) A traditional Aboriginal or
Torres Strait
Islander cultural
activity, other than a commercial
activity. (6) A resource activity.
Page
170 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 24 (7)
Any
aspect of development for geothermal exploration carried
out under a
geothermal exploration permit
under the
Geothermal Energy Act 2010.
(8) Clearing vegetation, for an
airport-related purpose, on airport premises.
(9) An activity under the
Fire
and Emergency Services Act 1990 ,
section 53, 68 or 69. (10)
An
activity under— (a) the Electricity Act
1994 , section 101 or 112A; or
(b) the Electricity
Regulation 2006 , section 17. (11)
For
a State-controlled road or future State-controlled road—
(a) road works carried out on the
State-controlled road or future State-controlled road;
or (b) ancillary works and encroachments
carried out under the Transport Infrastructure Act, section
50. (12) Clearing,
for routine transport
corridor management and
safety purposes, on rail corridor land,
non-rail corridor land or commercial corridor
land (within
the meaning of
the Transport Infrastructure Act)
that is
not subject to
a commercial lease. (13)
Any
activity authorised under the Forestry Act
1959. (14) Clearing
vegetation on
land in
an area for
which an
area management plan
under the
Vegetation Management Act,
section 20J is in force at the time of the
clearing if— (a) the clearing is done by the owner of
the land, within the meaning of the Vegetation Management
Act, or a person authorised by the owner; and
(b) the clearing
is done in
accordance with
the area management plan;
and (c) the owner
has given the
chief executive
notice of
the clearing under the Vegetation
Management Act, section 20W. (15)
Clearing vegetation on
land mentioned
in the Forestry
Act 1959 , section
55(1)(b), (c) or (d) to the extent the clearing is
Current as at 28 May 2014 Page
171
Sustainable Planning Regulation 2009
Schedule 24 for
accessing and
extracting quarry
material for
road
works under the Transport
Infrastructure Act 1994 . (16)
Clearing vegetation for community
infrastructure mentioned in schedule 2. (17)
Clearing vegetation in an area for which a
disaster situation declaration has been made if the
clearing— (a) is necessary to prevent or
minimise— (i) loss of human life, or illness or
injury to humans; or (ii) property loss or
damage; or (iii) damage to the
environment; and (b) happens during the period that started
when the disaster situation declaration was made and ends on
the later of the following days— (i)
the
day that is 1 year after the day on which the disaster
situation declaration was made; or (ii)
another day
decided by
the chief executive
by written notice. (18)
Clearing vegetation that is necessary to
carry out a cadastral survey of
an existing property
boundary, a
geotechnical survey or a
geological survey, if the area cleared is— (a)
for
an area in which a survey is conducted—a maximum
area
of 10m by 10m; and (b) for an area necessary for reasonable
access to an area mentioned in paragraph (a)—a maximum of 10m
wide. (19) Clearing
vegetation that
is necessary to
remediate contaminated
land recorded in the environmental management register or
contaminated land register. (20)
Clearing vegetation that
is necessary to
carry out
activities authorised to be
carried out at land on which an abandoned mine
exists under
the Mineral Resources
Act 1989 ,
section 344A.
(21) Clearing
vegetation to which the Vegetation Management Act
does
not apply. Page 172 Current as at 28
May 2014
Part
2 Sustainable Planning Regulation 2009
Schedule 24 Clearing for
particular land 2 Freehold land For freehold
land, clearing vegetation that is— (a)
for
a forest practice; or (b) residential
clearing; or (c) necessary for essential management;
or (d) in an
area shown
on the regulated
vegetation management map
or a PMAV as a category X area; or (e)
for
urban purposes in an urban area and the vegetation
is— (i) regulated
regrowth vegetation; or (ii) an
of concern regional
ecosystem or
a least concern
regional ecosystem
shown on
the regulated vegetation management map or
a PMAV for the area as a category B area; or
(f) necessary for routine management in an
area of the land and the vegetation is— (i)
regulated regrowth vegetation; or
(ii) a
least concern
regional ecosystem
shown on
the regulated vegetation management map or
a PMAV as a category B area; or (g)
in a
priority development area; or (h)
under a
self-assessable vegetation clearing
code other
than if
the vegetation is
in an area
shown on
the regulated vegetation management map or
a PMAV as a category A area; or (i)
for
development— (i) that is
for an extractive industry
under the
Vegetation Management Act, section 22A(3) in
a key resource area; and Current as at 28
May 2014 Page 173
Sustainable Planning Regulation 2009
Schedule 24 (ii)
to
the extent it involves clearing regulated regrowth
vegetation, other
than in
an area shown
on the regulated
vegetation management map or a PMAV as a category A
area; or (j) for development— (i)
that
is a significant community project; and (ii)
to
the extent it involves clearing regulated regrowth
vegetation, other
than in
an area shown
on the regulated
vegetation management map or a PMAV as a category A
area. 3 Indigenous land For indigenous
land, clearing vegetation that is— (a)
for a forest
practice, other
than on
land on
which the
State owns the trees; or (b)
residential clearing; or (c)
necessary for essential management;
or (d) in an
area shown
on the regulated
vegetation management map
or a PMAV as a category X area; or (e)
for
urban purposes in an urban area and the vegetation
is— (i) regulated
regrowth vegetation; or (ii) an
of concern regional
ecosystem or
a least concern
regional ecosystem
shown on
the regulated vegetation management map or
a PMAV for the area as a category B area; or
(f) necessary for routine management in an
area of the land and the vegetation is— (i)
regulated regrowth vegetation; or
(ii) a
least concern
regional ecosystem
shown on
the regulated vegetation management map or
a PMAV as a category B area; or (g)
gathering, digging or removing forest
products— Page 174 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 24 (i)
for the purpose
of improving the
land or
for use under
the Aurukun and
Mornington Shire
Leases Act 1978
,
section 28; or (ii) for
use under the
Aboriginal and
Torres Strait
Islander Communities (Justice,
Land and
Other Matters) Act
1984 , section 62; or (h)
in a
priority development area; or (i)
under a
self-assessable vegetation clearing
code other
than in
an area shown
on the regulated
vegetation management map
or a PMAV
as a category A area;
or (j) for development— (i)
that is
for an extractive industry
under the
Vegetation Management Act, section 22A(3) in
a key resource area; (ii)
to
the extent it involves clearing regulated regrowth
vegetation, other in an area shown on the
regulated vegetation management map
or a PMAV
as a category A area;
or (k) for development— (i)
that
is a significant community project; and (ii)
to
the extent it involves clearing regulated regrowth
vegetation, other
than in
an area shown
the regulated vegetation management map
or on a
PMAV
as a category A area. 4 Land subject to a
lease under the Land Act 1994
(1) For land
subject to
a lease under
the Land Act
1994 for
agriculture or grazing purposes, clearing
vegetation that is— (a) residential clearing; or
(b) necessary for essential management;
or (c) in an
area shown
on the regulated
vegetation management map
or a PMAV as a category X area; or Current as at 28
May 2014 Page 175
Sustainable Planning Regulation 2009
Schedule 24 (d)
under a
self-assessable vegetation clearing
code other
than in
an area shown
on the regulated
vegetation management map
or a PMAV as a category A area; or (e)
necessary for routine management in an area
of the land and the vegetation is— (i)
regulated regrowth vegetation; or
(ii) a
least concern
regional ecosystem
shown on
the regulated vegetation management map or
a PMAV as a category B area; or (f)
for
development— (i) that is
for an extractive industry
under the
Vegetation Management Act, section 22A(3) in
a key resource area; (ii)
to
the extent it involves clearing regulated regrowth
vegetation, other
than in
an area shown
on the regulated
vegetation management map or a PMAV as a category A
area; or (g) for development— (i)
that
is a significant community project; and (ii)
to
the extent it involves clearing regulated regrowth
vegetation, other
than in
an area shown
on the regulated
vegetation management map
or on a
PMAV
as a category A area. (2) For land subject
to a lease under the Land Act 1994 other
than for agriculture or grazing purposes,
clearing vegetation that is consistent with
the purposes of the lease and is— (a)
residential clearing; or (b)
necessary for essential management;
or (c) in an
area shown
on the regulated
vegetation management map
or a PMAV as a category R area or category X area;
or (d) under a
self-assessable vegetation clearing
code other
than in
an area shown
on the regulated
vegetation management map
or a PMAV as a category A area; or Page 176
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 24 (e)
for
urban purposes in an urban area and the vegetation
is— (i) regulated
regrowth vegetation; or (ii) an
of concern regional
ecosystem or
a least concern
regional ecosystem
shown on
the regulated vegetation management map or
a PMAV for the area as a category B area; or
(f) necessary for routine management in an
area of the land and the vegetation is— (i)
regulated regrowth vegetation; or
(ii) a
least concern
regional ecosystem
shown on
the regulated vegetation management map or
a PMAV as a category B area. 5
Land
that is a road under the Land Act
1994 For
land that
is a road
under the
Land Act
1994 ,
clearing vegetation that
is— (a) carried out by a local government, or
by or for the chief executive of
the department in
which the
Transport Infrastructure
Act is administered, and is— (i)
is necessary to
construct or
maintain road
infrastructure or to source construction
material for roads; or (ii)
is in an
area shown
on the regulated
vegetation management map
or a PMAV as a category R area or category X
area; or (b) carried out by a local government to
remove— (i) declared pests
in compliance with
the local government’s pest
management plan
under the
Land Protection (Pest
and Stock Route
Management) Act 2002 ; or
(ii) vegetation that
is not native vegetation; or Current as at 28
May 2014 Page 177
Sustainable Planning Regulation 2009
Schedule 24 (c)
necessary to remove or reduce the imminent
risk that the vegetation poses of serious personal injury
or damage to infrastructure; or (d)
by
fire under the Fire and Emergency Services Act 1990
to
reduce hazardous fuel load; or (e)
necessary to maintain infrastructure located
on the road, other than fences; or (f)
necessary to maintain an existing boundary
fence to the maximum width of 3m; or (g)
necessary for reasonable access to adjoining
land from the existing formed road for a maximum width
of 10m; or (h) necessary
to maintain an
existing firebreak
or garden located on the
road; or (i) under a
self-assessable vegetation clearing
code other
than in
an area shown
on the regulated
vegetation management map
or a PMAV as a category A area. 6
Particular trust land under the
Land Act 1994
(1) This section applies to land that is
trust land under the Land Act 1994
,
other than indigenous land. (2)
Clearing vegetation that
is carried out,
or authorised to
be carried out,
by the trustee,
is consistent with
achieving the
purpose of the trust, and is—
(a) necessary for essential management;
or (b) in an
area shown
on the regulated
vegetation management map
or a PMAV as a category R area or category X area;
or (c) to remove— (i)
declared pests in compliance with the
relevant pest management plan under the
Land
Protection (Pest and Stock Route Management) Act 2002
;
or (ii) vegetation that
is not native vegetation; or Page 178
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 24 (d)
for
urban purposes in an urban area and the vegetation is
either of
the following shown
on the regulated
vegetation management map or a PMAV for the
area as a category B area— (i)
an
of concern regional ecosystem; (ii)
a
least concern regional ecosystem; or (e)
necessary for routine management in an area
of the land and the vegetation is a least concern
regional ecosystem shown on the regulated vegetation management
map or a PMAV for the area as a category B area;
or (f) under a
self-assessable vegetation clearing
code other
than in
an area shown
on the regulated
vegetation management map
or a PMAV as a category A area. 7
Unallocated State land under the
Land Act 1994
For land that
is unallocated State
land under
the Land Act
1994 , clearing
vegetation that is carried out, or authorised to
be
carried out, by the chief executive administering that Act
and
is— (a) necessary for essential management;
or (b) to control declared pests or
vegetation that is not native vegetation;
or (c) in a priority development area;
or (d) in an
area shown
on the regulated
vegetation management map
or a PMAV as a category R area or category X area;
or (e) necessary for routine management in an
area of the land and the vegetation is a least concern
regional ecosystem shown on the regulated vegetation management
map a PMAV for the area as a category B area;
or (f) under a
self-assessable vegetation clearing
code other
than in
an area shown
on the regulated
vegetation management map
or a PMAV as a category A area. Current as at 28
May 2014 Page 179
Sustainable Planning Regulation 2009
Schedule 24 8
Land
subject to a licence or permit under the Land
Act 1994 For land that is
subject to a licence or permit under the Land
Act 1994 ,
clearing vegetation that
is carried out
by the licensee or
permittee and is— (a) necessary for essential management;
or (b) in a priority development area;
or (c) in an
area shown
on the regulated
vegetation management map
or a PMAV as a category R area or category X area;
or (d) for urban purposes in an urban area
and the vegetation is either of
the following shown
on the regulated
vegetation management map or a PMAV for the
area as a category B area— (i)
an
of concern regional ecosystem; (ii)
a
least concern regional ecosystem; or (e)
necessary for routine management in an area
of the land and the vegetation is a least concern
regional ecosystem shown on the regulated vegetation management
map a PMAV for the area as a category B area;
or (f) under a
self-assessable vegetation clearing
code other
than in
an area shown
on the regulated
vegetation management map
or a PMAV as a category A area. Page 180
Current as at 28 May 2014
Schedule 25 Sustainable
Planning Regulation 2009 Schedule 25 LGA population 1
areas schedule 26, definition LGA
population 1
Brisbane City Council Bundaberg
Regional Council Cairns Regional Council Fraser Coast
Regional Council Gold Coast City Council Ipswich City
Council Logan City Council Moreton Bay
Regional Council Redland City Council Scenic Rim
Regional Council Sunshine Coast Regional Council
Townsville City Council Current as at 28
May 2014 Page 181
Sustainable Planning Regulation 2009
Schedule 25A Schedule
25A Prescribed information and
documents for development
applications—Act, s 736 section
40A Part 1 Information 1
the
name of a referral agency for the development application
2 whether the development application
was withdrawn, lapsed or decided 3
if
the development application was decided— (a)
the
day the decision was made; and (b)
whether the
development application was
approved, approved subject
to conditions or refused; and (c)
whether the development application was
taken to have been approved under section 331 of the Act;
and (d) for a
development application approved
subject to
conditions— (i)
whether any
of the conditions are
concurrence agency
conditions; and (ii) if so, the name
of the concurrence agency for each concurrence
agency condition; and (e) whether a
negotiated decision notice was given for the development
application; and (f) for a
development application that
was approved, whether
a permissible change
has subsequently been
made
to the development approval 4
if
there was an appeal about the decision on the development
application, whether
the decision on
the application was
changed because of the decision on the
appeal Page 182 Current as at 28
May 2014
Part
2 Sustainable Planning Regulation 2009
Schedule 25A Documents
1 the development application and
supporting material for the application,
including, for example, an elevation, report or site
plan 2
a request by
the local government or
a concurrence agency
seeking advice or comment about the
development application from a person under section 256 of the
Act 3 a document
including any
advice or
comment given
by a person in
response to a request mentioned in item 2 4
a
notice under section 266(1) of the Act that the development
application is not a properly made
application 5 an acknowledgement notice under
section 267(2) of the Act 6 a notice to
revive the development application under section
274(1), 280(1) or 303(1) of the Act
7 a notice
under section
275(1) of
the Act advising
the local government of
the day the applicant gave each referral agency the referral
agency material 8 an information request under section
276(1) of the Act 9 a notice
extending the
information request
period under
section 277(1) of the Act
10 an agreement extending the information
request period under section 277(3) of the Act
11 a document
relating to
information given
under section
278(1)(a) or
(b) of the
Act in response
to an information request,
including, for
example, an
elevation, report
or site plan
12 a notice under section 278(1)(b) or
(c) of the Act in response to an information request
13 a request to the local government or a
concurrence agency to extend the response period under
section 279(3)(a) of the Act 14
a response given
by the local
government or
a concurrence agency to a
request mentioned in item 13 Current as at 28
May 2014 Page 183
Sustainable Planning Regulation 2009
Schedule 25A 15
an agreement relating
to a request
mentioned in
item 13
between the
applicant and
the local government or
concurrence agency to whom the request was
made 16 an advice given to the local
government by a referral agency under section
281 of the Act about the applicant’s response to
an
information request 17 a notice extending a referral agency’s
assessment period under section 284(1) of the Act
18 an agreement extending a referral
agency’s assessment period under section 284(3) of the Act
19 an advice about extension of a
referral agency’s assessment period under
section 284(4) of the Act 20 a
concurrence agency’s
response under
section 285(2)
or 290(1) of the Act 21
a concurrence agency’s
amended response
under section
290(2) of the Act 22
an
advice agency’s response under section 291(2) of the Act
23 a notice of the development
application under section 297(1) of the
Act 24 an agreement
about notification of
the development application
under section 297(1) of the Act 25
a
notice given to the local government under section 300 of
the Act about
the last day
an action mentioned
in section 297(1)
of the Act
is carried out
for notification of
the development application
26 a notice given to the local government
under section 301 of the Act about compliance with chapter
6, part 4, division 2 of the Act for notification of the
development application 27 a
submission made
under section
305(1) of
the Act and
accepted by the local government under
section 305(2) or (3) of the Act 28
a
notice under section 305(4)(a) or (b) of the Act amending or
withdrawing a submission mentioned in item
27 Page 184 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 25A 29
a notice under
section 306(2)
of the Act
amending or
withdrawing a submission 30
a
notice extending the decision-making period under section
318(2) of the Act 31
an agreement extending
the decision-making period
under section 318(4)
of the Act 32 a notice given by the applicant under
section 318(5) of the Act that the applicant does not intend to
take action under section 320 or 321 of the Act
33 a notice
given under
section 320(1)
of the Act
to stop the
decision-making period 34
a
notice given under section 320(3) of the Act to withdraw a
notice mentioned in item 33
35 a request given to the chief executive
under section 321(1)(a) of the Act to resolve conflict between
2 or more concurrence agency’s responses 36
a notice under
section 321(1)(b)
of the Act
to stop the
decision-making period 37
a
notice given under section 321(6) of the Act to withdraw a
notice mentioned in item 36
38 a notice of a change to the
development application given by the applicant
under section 351(1) of the Act 39
a
notice given by the local government under section 352 of
the Act advising
a referral agency
of the effect
of a notice
mentioned in item 38 40
a
notice given under section 356(1) of the Act withdrawing
the
development application 41 a notice given
under section 357(2) of the Act advising that the applicant
has not referred the development application as required under
section 272 of the Act 42 correspondence about
the development application between
any
of the following— (a) the applicant; Current as at 28
May 2014 Page 185
Sustainable Planning Regulation 2009
Schedule 25A (b)
the
local government; (c) a referral agency 43
correspondence about
the development application between
any
of the entities mentioned in item 42 and a submitter
44 representations made by the applicant
under section 361(1) of the Act 45
a
notice given by the local government under section 363(5)
of the Act
of a decision
not to agree
with any
of the representations
mentioned in item 44 46 a
notice under
section 366(1)
of the Act
suspending the
applicant’s appeal period
47 a notice
under section
366(4)(a) of
the Act withdrawing a
notice mentioned in item 46
48 a notice given by the Minister to the
local government under section 418(1) or 419(1) of the
Act 49 a notice given by the Minister to a
concurrence agency under section 420(1) of the Act
50 a notice given by the Minister to the
applicant under section 421(1) of the Act 51
a
notice given by the Minister to the local government under
section 425(1)
of the Act
calling in
the development application 52
a copy of
the Minister’s decision
notice given
to the local
government under section 429(1) of the
Act 53 a notice given by the regional
planning Minister to the local government under
section 430(2) or (3) of the Act 54
a
notice given by the Minister to the local government under
section 431(1)
of the Act
referring the
aspects of
the development application not
decided back
to the local
government Page 186
Current as at 28 May 2014
Schedule 26 Sustainable
Planning Regulation 2009 Schedule 26 Dictionary section 3
accommodation activities means the group
of uses identified as accommodation activities under
the standard planning
scheme provisions. active
transport infrastructure see
the Transport Planning
and
Coordination Act 1994 , section 8A. additional
exempt operational work , for a lot in relation to
development mentioned in schedule 7, table
2, item 4 or table 3, item 10, means operational work
that— (a) is either of the following—
(i) clearing of
vegetation on
freehold land
or land subject to a
lease under the Land Act 1994 , to the
extent necessary
for building a
single dwelling
house on
a lot and
any reasonably associated building or
structure, if the building of the dwelling house is—
(A) building work
for which a
development permit
for a building
development application, or
a compliance permit,
has been given; or (B)
building work mentioned in schedule 3,
part 2, table 1, item 1; or (C)
for
public housing; (ii) clearing
for essential management or
routine management;
and (b) would be assessable development under
schedule 3, part 1, table 4, item 1 (the relevant
item ) if it were carried out
on the lot
immediately before
the development happened,
but because of
the development is
not assessable development under the
relevant item. Current as at 28 May 2014 Page
187
Sustainable Planning Regulation 2009
Schedule 26 Page 188
Example of
additional exempt
operational work
for development mentioned in
schedule 7, table 3, item 10 —
development involving a building or
structure associated with a material change of use
located within 70m of native vegetation aged-care
facility means
a facility, or
part of
a facility, at
which accommodation and
nursing or
personal care
is provided to
older persons
who, because
of incapacity or
infirmity, have a continuing need for
nursing or personal care. agricultural ERA
see the Environmental Protection Act,
section 75. aid
to navigation see
the Transport Operations (Marine
Safety) Act 1994 , section
104. airport means
a strategic airport
within the
meaning of
the State Planning Policy 2013.
airport land
see the Airport
Assets (Restructuring and
Disposal) Act 2008 , schedule
3. airport premises means premises
used, or intended to be used, completely or
partly for an airport-related purpose. airport-related
purpose , in relation to the use or intended
use of airport premises, means any of the
following— (a) the construction, operation or
maintenance of an airport, including— (i)
air
transport infrastructure mentioned in schedule 2, part 1;
or (ii) core airport
infrastructure located on airport land; (b)
an activity or
facility supporting the
economical, efficient and
safe functioning of an airport; Examples for
paragraph (b) — • manufacturing
aircraft or aircraft components •
servicing aircraft (c)
an
activity or facility supporting the financial viability
of
an airport; Examples for paragraph (c)
— • operating an air
charter business or an air freight depot Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 26 •
operating a flight training or skydiving
business (d) for premises
on airport land—development consistent with a land use
plan approved for the airport land under the
Airport Assets
(Restructuring and
Disposal) Act
2008 , chapter 3,
part 1. air transport infrastructure
see
the Transport Infrastructure Act, schedule
6. ancillary works
and encroachments see
the Transport Infrastructure
Act, schedule 6. ANEF means Australian
Noise Exposure Forecast. ANEF contour , for an
airport, means a contour marked with a number
and shown on
a document known
as the airport’s
ANEF
chart that has been prepared by the airport’s operator
and
endorsed by Airservices Australia. Example
— The 25 ANEF contour means the contour
marked with the number 25 and shown on an airport’s ANEF
chart. area management advice means a written
notice given by the administering authority
to the local
government about
planning for
or managing land
contaminated because
of natural mineralisation, industrial activity
or unexploded ordnance.
artificial waterway
see the Coastal
Protection and
Management Act, section 8.
assessment manager application fee
see
section 21A(1). Australian Noise Exposure Forecast
has
the same meaning as in the State Planning Policy 2013.
authorised electricity entity
means an
entity authorised, or
taken to be authorised, under the
Electricity Act 1994 , section
116(1), to acquire land. background level
, of noise
for schedule 4,
table 5,
item 11(1)(ga), means
the background level of noise measured by applying the
relevant procedure under— (a) AS
1055-1997 ‘Acoustics—Description and
measurement of environmental noise’;
or Current as at 28 May 2014 Page
189
Sustainable Planning Regulation 2009
Schedule 26 (b)
the document called
‘Noise measurement manual’,
published by
the department administering the
Environmental Protection Act.
bankfull width , for schedule
7A, has the meaning given by the minor
waterway barrier works code. beach
replenishment , for schedule 7A, has the meaning
given by the fish habitat management operational
policy. bed and banks —
1 Bed and
banks ,
of a watercourse or
lake, means
land over
which the
water of
the watercourse or
lake normally flows
or that is normally covered by the water, whether
permanently or intermittently. 2
Bed and banks
does not
include land
adjoining or
adjacent to the bed or banks that is from
time to time covered by floodwater. boot camp
centre means a boot camp centre under the
Youth Justice Act
1992 , schedule 4. boot camp centre
provider means a boot camp centre provider
under the Youth Justice
Act 1992 , section 282A. boot camp
program means a boot camp program under the
Youth Justice Act 1992 , section
226E. 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. business activities means
the group of
uses identified as
business activities under
the standard planning
scheme provisions. busway
transport infrastructure see
the Transport Infrastructure
Act, schedule 6. busway transport
infrastructure works
see the Transport
Infrastructure Act, schedule 6.
Page
190 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 26 canal
see the Coastal
Protection and
Management Act,
section 9. car
park means
a car park
as defined under
the standard planning scheme
provisions. category 1
levee see
the Water Regulation 2002
, section 62C(2).
category 2
levee see
the Water Regulation 2002
, section 62C(3).
category 3
levee see
the Water Regulation 2002
, section 62C(4).
category A
area means
a category A
area under
the Vegetation Management Act.
category B area means a category
B area under the Vegetation Management
Act. category C area means a category
C area under the Vegetation Management
Act. category X
area means
a category X
area under
the Vegetation Management Act.
class ,
for a building
or structure, means
its particular classification
under the BCA. club means
a club as
defined under
the standard planning
scheme provisions. coastal
dune means
a ridge or
hillock of
sand or
other material—
(a) on the coast; and (b)
built up by the wind. coastal
management see
the Coastal Protection and
Management Act, section 11.
Coastal Protection and Management Act
means the Coastal
Protection and Management Act 1995
. commercial corridor
land see
the Transport Infrastructure Act, schedule
6. Commonwealth Minister , for part 6,
see section 31. Current as at 28 May 2014 Page
191
Sustainable Planning Regulation 2009
Schedule 26 concurrence
agency application fee see section 21B(1).
contaminated land
see the Environmental Protection Act,
schedule 4. contaminated land
register means
the contaminated land
register under the Environmental Protection
Act. core airport
infrastructure see
the Airport Assets
(Restructuring and Disposal) Act 2008
,
schedule 3. cultural heritage
significance ,
in relation to
a place for
schedule 4,
table 5,
items 11
and 12A, means
its aesthetic, architectural,
historical, scientific, social or other significance,
to
the present generation or past or future generations.
dam see the Water Act
2000 , schedule 4. dead marine
wood means a branch or trunk that—
(a) is a part of a dead marine plant;
or (b) was a part of a dead marine
plant. declared pest
means a
declared pest
under the
Land Protection (Pest
and Stock Route Management) Act 2002 .
defined flood level see the
Building Regulation 2006 , section
13. designated proponent
,
for part 6, see section 31. disaster
situation declaration ,
for an area,
means a
declaration of
a disaster situation
for the area
under the
Disaster Management Act 2003
,
section 64 or 69 if— (a) the declaration
relates to an event mentioned in section 16(1)(a) or that
Act; and (b) the disaster situation has not ended
under section 71 of that Act. distributor-retailer means
a distributor-retailer
established under the SEQ
Water Act, section 8. domestic housing activity
means the construction or use of a
single residence
on a lot
and any reasonably associated building or
structure. Page 192 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 26 Examples of a
building or structure that could be reasonably associated
with
a single residence — caretakers’ accommodation, granny
flat, building or structure used for a home
business domestic purposes see the Water
Act 2000, schedule 4. educational establishment means
an educational establishment as
defined under the standard planning scheme provisions. education and
care service premises see the Education and
Care
Services National Law (Queensland), section 5(1).
electricity infrastructure means
operating works
under the
Electricity Act 1994 , section
12(3). encroachment ,
for schedule 7A,
see the Vegetation Management Act,
schedule. endangered regional
ecosystem means
an endangered regional
ecosystem under the Vegetation Management Act. entertainment
activities means the group of uses identified as
entertainment activities under
the standard planning
scheme provisions. environmental management register
means the
environmental management register under the
Environmental Protection Act. essential
management means clearing native vegetation—
(a) for establishing or maintaining a
necessary firebreak to protect infrastructure other
than a
fence, road
or vehicular track, if the maximum width
of the firebreak is equivalent to
1.5 times the
height of
the tallest vegetation adjacent
to the infrastructure, or
20m, whichever is the
greater; or (b) for establishing a necessary fire
management line if the maximum width of the clearing for the
fire management line is 10m; or (c)
necessary to remove or reduce the imminent
risk that the vegetation poses of serious personal injury
or damage to infrastructure; or Current as at 28
May 2014 Page 193
Sustainable Planning Regulation 2009
Schedule 26 Page 194
(d) by fire under the Fire and
Emergency Services Act 1990 to reduce
hazardous fuel load; or (e) necessary to
maintain infrastructure including any core airport
infrastructure, buildings, fences, helipads, roads,
stockyards, vehicular
tracks, watering
facilities and
constructed drains other than contour banks,
other than to source construction material; or
(f) for maintaining a garden or orchard,
other than clearing predominant canopy
trees to
maintain underplantings established
within remnant vegetation; or (g)
on land subject
to a lease
issued under
the Land Act
1994 for
agriculture or
grazing purposes
to source construction
timber to repair existing infrastructure on the land,
if— (i) the infrastructure is
in need of
immediate repair;
and (ii) the
clearing does
not cause land
degradation as
defined under
the Vegetation Management Act;
and (iii) restoration of a
similar type, and to the extent of the removed
trees, is ensured; or (h) by
the owner on
freehold land
to source construction timber
to maintain infrastructure on
any land of
the owner, if— (i)
the clearing does
not cause land
degradation as
defined under
the Vegetation Management Act;
and (ii) restoration of a
similar type, and to the extent of the removed
trees, is ensured. excluded work —
1 Excluded work , for schedule
3, part 1, table 4, item 5, means
maintenance work on a lawful work. 2
Excluded work , for schedule
3, part 1, table 4, item 5(a) also
means carrying
out alterations to
existing lawful
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 26 boat
ramps, bridges,
pontoons, slipways,
wharves and
jetties (the existing
structures ) other than alterations—
(a) creating roofed
structures, including
sheds and
gazebos; or (b)
that
change the footprint of the existing structures;
or (c) to
the dimensions or
structural capacity
of the existing
structures; or (d) that may
affect safe
navigable access
to or from
tidal water or to or from properties
adjoining tidal water, including alterations to clearance
heights or lighting. 3
Excluded work
, for schedule
3, part 1,
table 4,
item 5(b)(i) and (iv)
also means— (a) minor work that— (i)
has an insignificant impact
on coastal management;
and (ii) is reversible or
expendable; or (b) work which the chief executive is
satisfied would have an
insignificant impact
on coastal management. 4
Excluded work
, for schedule
7, table 3,
item 5
also means work which
the chief executive is satisfied would have an
insignificant impact on coastal management. 5
Excluded work does not include
work to which section 584 of the Act applies.
exempt bore means—
(a) a monitoring bore; or
(b) for taking
or interfering with
water outside
the Great Artesian Basin
plan area—any of the following— (i)
a water bore
for working out
the sustainable extraction rate
of water for an aquifer; Current as at 28 May 2014
Page
195
Sustainable Planning Regulation 2009
Schedule 26 Page 196
(ii) a water bore for
taking water for stock or domestic purposes;
(iii) a replacement
water bore. existing levee see the
Water Act 2000 , section
1247(2). existing school campus , for schedule
4, table 5, items 11 and 12A, means
premises at
which a
school is
established, but
does
not include separate premises associated with the school
and
used solely— (a) for sporting or recreational purposes;
or (b) for residential purposes, whether or
not any residential dwellings comprising the premises are
vacant. extractive industry
means an
extractive industry
as defined under the
standard planning scheme provisions. failure impact
assessed means failure impact assessed under
the
Water Supply Act, section 343. fire safety
system means a fire safety system as defined
under the BCA, volume 1, part A1.
Fisheries Act means the
Fisheries Act 1994 .
fisheries department means
the department in
which the
Fisheries Act is administered.
fish habitat
management operational policy
, for schedule
7A,
means the document called ‘Management and Protection
of marine plants
and other tidal
fish habitats–Fish habitat
management operational policy
FHMOP 001’,
dated November 2007
and published by the fisheries department. fish
movement exemption
notice ,
for schedule 7A,
see the Fisheries Act
2008, schedule. flood hazard area means a flood
hazard area designated by a local government
under the Building Regulation 2006 , section
13(1)(a). fodder
harvesting ,
for schedule 7A,
see the Vegetation Management Act,
schedule. food and
drink outlet
means a
food and
drink outlet
as defined under the standard planning
scheme provisions. Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 26 footprint
— 1 Footprint
, for schedule
7, table 3,
item 27
or 29 or
schedule 7A, part 2, item 27, see the SCL
Act, section 85(2). 2
Footprint ,
for a provision
about development, unless
otherwise provided,
means the
portion of
the land to
which the development relates that is
covered by— (a) buildings or structures measured to
their outermost projection; and (b)
any of the
following relating
to the buildings
or structures or the development—
(i) asphalt, concrete
or another hard
built surface;
(ii) a
carpark; (iii) a road or access
track; (iv) an
area used
for vehicle movement
or parking; (v)
an
area used or that may be used for storage. function
facility means
a function facility
as defined under
the
standard planning scheme provisions. future
public passenger
transport corridor
means land
identified in a guideline made under the
Transport Planning and Coordination Act
1994, section
8E for any
of the following— (a)
busway transport infrastructure;
(b) busway transport infrastructure
works; (c) light rail transport
infrastructure; (d) light rail transport infrastructure
works; (e) rail transport infrastructure;
(f) railway works. Current as at 28
May 2014 Page 197
Sustainable Planning Regulation 2009
Schedule 26 Page 198
future public passenger transport
facility means any of the following
identified in a guideline made under the Transport
Planning and Coordination Act 1994
,
section 8E— (a) a future busway station;
(b) a future railway passenger
station; (c) a future light rail station;
(d) a future passenger transport
interchange facility. future railway
land see
the Transport Infrastructure Act,
section 242. future
State-controlled road
means a
road or
land that
the chief executive administering the
Transport Infrastructure Act has,
by written notice
given to
a local government and
published in
the gazette, indicated
is intended to
become a
State-controlled road under that Act,
section 42. future State-controlled transport
tunnel means a tunnel that forms part
of— (a) future State-controlled road;
or (b) future railway land; or
(c) a future public passenger transport
corridor. G20 means the
international forum
known as
the Group of
Twenty. G20
radiocommunications works
means radiocommunications infrastructure or
equipment, to
be constructed, installed
or used in
Queensland as
part of
the project known as the Government
Wireless Network, for any of the following events—
(a) the meeting
of G20 finance
ministers, deputy
finance ministers
and central bank
governors in
Cairns on
20 and 21 September 2014;
(b) the G20
leaders’ summit
in Brisbane on
15 and 16
November 2014; (c)
a
meeting of G20 sherpas in Queensland relating to an
event mentioned in paragraph (a) or
(b); Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 26 (d)
a
meeting, function or activity of G20 leaders, ministers,
sherpas, delegates or invitees in Queensland
relating to an event mentioned in paragraph (a), (b) or
(c). GFA , for
a development application, means
the gross floor
area. Gold Coast
waters see the Gold Coast
Waterways Authority Act 2012 , section
7(1). government supported
transport infrastructure means
transport infrastructure that—
(a) is funded, wholly or partly, by
appropriations from the consolidated fund; or
(b) is funded, wholly or partly, by
borrowings made by the Government (other
than commercial borrowings made
by the Queensland Treasury
Corporation acting
as an agent);
or (c) is funded,
wholly or
partly, by
borrowings guaranteed by
the Government other
than borrowings for
commercial investments; or
(d) is provided by a person on the basis
of conditions agreed to by the Government that are intended
to support the commercial viability of the infrastructure;
or (e) is funded, wholly or partly, by the
Commonwealth. Great Artesian Basin plan area
means the plan area under the
Water Resource (Great Artesian Basin) Plan
2006 , schedule 6.
gross floor area , for a
building, means the total floor area of all
storeys of
the building, including
any mezzanines, (measured
from the
outside of
the external walls
and the centre of any
common walls of the building), other than areas used for—
(a) building services; or
(b) a ground floor public lobby; or
(c) a public mall in a shopping complex;
or (d) parking, loading or manoeuvring of
vehicles; or Current as at 28 May 2014 Page
199
Sustainable Planning Regulation 2009
Schedule 26 Page 200
(e) balconies, whether roofed or
not. hazardous contaminant see
the Environmental Protection Act, schedule
4. health care
services means
health care
services as
defined under the
standard planning scheme provisions. high impact
earthworks — 1 High
impact earthworks means
operational work
that involves
changing the
form of
land, or
placing a
structure on land, in a way that diverts
water to or from a wetland. 2
However, high
impact earthworks does
not include operational work
that is— (a) necessary to maintain infrastructure
including any core airport infrastructure, buildings,
dams, fences, helipads, roads,
stockyards, vehicular
tracks, watering
facilities and
constructed drains
other than
contour banks,
other than
to source construction
material; or (b) carried out for a forest practice;
or (c) excavating not
more than
100m 3
of material, or
using not more than 100m 3
of
material as fill; or (d) excavating not
more than
1000m 3
of material, or
using not more than 1000m
3 of material as fill, if
the
excavating or filling is more than 200m from the wetland in a
wetland protection area; or (e)
excavating to establish underground
infrastructure, other than
infrastructure for
drainage or
stormwater flows,
if the excavated
land is
to be restored,
as far as
practicable, to
its original contours after
the infrastructure is established; or (f)
carried out
to restore or
conserve the
ecological processes
or hydrological functions
of a wetland
protection area; or (g)
carried out completely or partly in a
declared fish habitat area
or a wild
river area,
if the work
is Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 26 assessable development under schedule
3, part 1; or (h) the constructing
or raising of waterway barrier works, if the work is
self-assessable development under schedule 3, part 2;
or (i) carried out under— (i)
the Electricity Act 1994
,
section 101 or 112A; or (ii) the
Fire
and Emergency Services Act 1990 , section
53,
68 or 69; or (iii) a
geothermal exploration permit
under the
Geothermal Energy Act 2010
;
or (j) the laser levelling of land if the
work does not change the previously levelled contours or
slope of the land; or (k) carried
out for government supported
transport infrastructure for
which the
funding and
construction arrangements were
approved by
the State or
Commonwealth before 31 October 2011;
or (l) the maintenance of
government supported
transport infrastructure,
including any of the following relating to the
infrastructure— (i) rehabilitation; (ii)
replacement; (iii)
repair; (iv)
recurrent servicing; (v)
preventive and remedial action;
(vi) removal;
(vii) alteration; (viii)
maintaining systems and services; or (m)
carried out within a coastal management
district; or (n) necessary to reinstate earthworks
destroyed by floods or landslides; or (o)
carried out in tidal water.
Current as at 28 May 2014 Page
201
Sustainable Planning Regulation 2009
Schedule 26 Page 202
high
impact industry means high impact industry as defined
under the standard planning scheme
provisions. high value
agriculture clearing
see the Vegetation Management Act,
schedule. hospital means
a hospital as
defined under
the standard planning scheme
provisions. hotel means
a hotel as
defined under
the standard planning
scheme provisions. indigenous
freshwater fish means a fish that is— (a)
a freshwater fish
as defined under
the Fisheries Regulation
2008 , schedule 11, part 2; and
(b) indigenous, within
the meaning of
the Fisheries Act,
schedule, definition indigenous
fisheries resources , to— (i)
only
Queensland freshwaters; or (ii) both Queensland
freshwaters and Queensland tidal waters.
indigenous marine
fish means
a fish that
is indigenous, within the
meaning of the Fisheries Act, schedule, definition
indigenous fisheries
resources ,
to only Queensland tidal
waters. industrial area
means land,
however described, that
is designated in
a planning instrument as
industrial, or
that is
predominantly industrial in character,
having regard to— (a) dominant land uses in the area;
or (b) the relevant
provisions of
a planning instrument applying to the
area. Examples of ways of describing industrial
areas — • heavy
industry • commercial industry
• light industry •
service industry •
general industry •
waterfront industry Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 26 •
extractive industry industry
activities means
the group of
uses identified as
industry activities under
the standard planning
scheme provisions. intensive animal
industries means intensive animal industries
as
defined under the standard planning scheme provisions.
irrigated high value agriculture
clearing see the Vegetation Management Act,
schedule. key resource area
has the same
meaning as
in the State
Planning Policy 2013. lake
see
the Water Act 2000 , schedule
4. land use
plan means
a plan approved
under the
Transport Infrastructure
Act, section 286. least concern
regional ecosystem
means a
least concern
regional ecosystem under the Vegetation
Management Act. LGA population 1 means a local
government area of a local government mentioned in schedule
25. LGA population 2 means a local
government area that is not an LGA
population 1. light rail
transport infrastructure see
the Transport Infrastructure
Act, schedule 6. light rail
transport infrastructure works
see the Transport
Infrastructure Act, schedule 6.
livestock means alpacas,
buffalo, camels, cattle, deer, emus, goats, horses,
ostriches, pigs, poultry or sheep. loss of
capacity , of tidal land, in relation to operational
work, means the loss of the capacity of the land
to sustain marine plants of the quality or quantity sustained
on the land before the operational work is approved.
low impact industry
means low
impact industry
as defined under the
standard planning scheme provisions. Lyngbya
means a plant of the genus
Lyngbya .
Current as at 28 May 2014 Page
203
Sustainable Planning Regulation 2009
Schedule 26 Page 204
mainstream waterway
, for schedule
7A, means a
waterway that is directly
connected to tidal water. maintenance cover
means a
cover, whether
above, at,
or below ground level, for a chamber
through which a person, machine or device may gain access to a
sewer, water main or stormwater drain for the purpose of
inspecting, maintaining or replacing the sewer, water main or
stormwater drain. maintenance works
declared fish
habitat area
code ,
for schedule 7A,
means the
document called
‘Code for
self-assessable development–Maintenance
works on existing lawful structures (other than powerlines and
on-farm drains) in a declared
Fish Habitat
Area or
involving the
removal, destruction or
damage of
marine plants,
Code number:
MP02’, dated
January 2013
and published by
the fisheries department. major
hazard facility
see the Work
Health and
Safety Regulation
2011 , schedule 19. major sport,
recreation and entertainment facility means a
major sport, recreation and entertainment
facility as defined under the standard planning scheme
provisions. major tributary
, for schedule
7A, means a
tributary that
is directly connected to a mainstream
waterway. master plan means a master
plan— (a) continued in force under chapter 10,
part 6 of the Act; and (b) that has not
ceased to have effect under section 907 of the Act.
maximum flow velocity of water
see
the Building Regulation 2006
,
section 13. medium impact industry means medium
impact industry as defined under the standard planning scheme
provisions. minor waterway barrier works code
,
for schedule 7A, means the document
called ‘Code
for self-assessable development–Minor waterway
barrier works–part 3:
culvert crossings, Code
number: WWBW01’, dated April 2013 and published by the
fisheries department. Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 26 miscellaneous transport
infrastructure see
the Transport Infrastructure
Act, section 416. modify , for an
existing levee, see the Water Regulation 2002
, schedule 17. 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 necessary environmental clearing
see the Vegetation Management Act,
schedule. non-State school , for schedule
4, table 5, items 11 and 12A, means a school
that is provisionally accredited, or accredited,
under the Education
(Accreditation of Non-State Schools) Act 2001
,
section 6. notifiable activity
see the Environmental Protection Act,
schedule 4. noxious
and hazardous industries means
noxious and
hazardous industries as defined under the
standard planning scheme provisions. obstacle
limitation surface
means an
obstacle limitation surface
established under
the Civil Aviation
Safety Regulations
1998 (Cwlth). of concern
regional ecosystem means an of concern regional
ecosystem under the Vegetation Management
Act. office means an office
as defined under the standard planning scheme
provisions. operational airspace
has the same
meaning as
in the State
Planning Policy 2013. other rail
infrastructure see the Transport Infrastructure Act,
schedule 6. permanent
impact ,
on SCL or
potential SCL,
see the SCL
Act,
section 14(1). Current as at 28 May 2014 Page
205
Sustainable Planning Regulation 2009
Schedule 26 petroleum
activities see
the Environmental Protection Act,
schedule 4 .
PMAV means a property
map of assessable vegetation under the Vegetation
Management Act. port authority see the
Transport Infrastructure Act, schedule 6.
potentially affected premises
— 1 Potentially
affected premises means premises— (a)
all or part
of which is
on the environmental management register
or the contaminated land
register; or (b)
used
for, or if there is no existing use, last used for,
a
notifiable activity or an industrial activity (other
than
a mining activity or a chapter 5A activity). 2
However, potentially affected
premises does
not include— (a)
premises used
or previously used
for a notifiable activity if all
of the following apply— (i) the land on
which the premises is located has been
removed from
the environmental management
register; (ii) a suitability
statement has been given for the intended
use; (iii) no
new notifiable activity
has occurred on
the premises since
the suitability statement
was
given; (iv) the land is not
otherwise contaminated by a hazardous
contaminant; or (b) premises on
the environmental management register or
contaminated land register if there is a notifiable activity
on the premises
that is
continuing; or (c)
premises in a priority development
area. Page 206 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 26 potentially
sensitive material change of use of premises , for
schedule 3, part 1, table 2, item 7, means a
material change of use of premises for any of the following,
unless the premises is in a priority development area—
(a) child care; (b)
education and care service premises;
(c) educational, recreational or
residential (including caretakers’ accommodation on
industrial land)
purposes. potential
SCL see the SCL Act, section 10.
priority development area
means a priority development area
under the Economic
Development Act 2012 . private
purpose , for schedule 7A, see the
Coastal Protection and Management
Regulation 2003 , schedule 4A, section 3.
proposed major
hazard facility
see the Work
Health and
Safety Regulation 2011 , schedule
19. protection area see the SCL Act,
section 28(2). public marine
transport infrastructure see
the Transport Infrastructure
Act, schedule 6. public passenger
service see
the Transport Operations (Passenger
Transport) Act 1994 , schedule 3. public passenger
transport corridor means land— (a)
on
which any of the following transport infrastructure is
situated, if
the infrastructure is,
or is to
be, used for
providing a public passenger service—
(i) busway transport
infrastructure; (ii) light rail
transport infrastructure; (iii) rail transport
infrastructure; or (b) on which
the following works
are being done,
if the works
relate to
transport infrastructure to
which paragraph (a)
applies— (i) busway transport infrastructure
works; Current as at 28 May 2014 Page
207
Sustainable Planning Regulation 2009
Schedule 26 (ii)
light rail transport infrastructure
works; (iii) railway works;
or (c) on which
other services
are provided for
the maintenance or operation of transport
infrastructure to which paragraph (a) applies.
public passenger
transport facility
means any
of the following— (a)
a
busway station; (b) a railway passenger station;
(c) a light rail station;
(d) a passenger transport interchange
facility identified in a guideline made
under the
Transport Planning
and Coordination Act 1994
,
section 8E. public safety
area has
the same meaning
as in the
State Planning Policy
2013. QPW code see
the Standard Plumbing
and Drainage Regulation
2003 , schedule 6. qualitative
statement means a qualitative statement or
other provision about
a performance or
outcome sought
to be achieved when
applicable buildings or structures are finished.
quantifiable standard
means a
standard that
achieves a
performance or outcome sought under a
qualitative statement. rail corridor
land see
the Transport Infrastructure Act,
schedule 6. rail transport
infrastructure see the Transport Infrastructure
Act,
schedule 6. railway means land on
which rail transport infrastructure or other rail
infrastructure is situated. railway tunnel
easement see the Transport Infrastructure Act,
schedule 4. railway
works see the Transport Infrastructure Act,
schedule 6. Page 208 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 26 recreation activities means
the group of
uses identified as
recreation activities under
the standard planning
scheme provisions. regional
ecosystem map see the Vegetation Management Act,
section 20A. registered area
of agriculture map , for schedule 7A, see the
Vegetation Management Act, section
20AD. regrowth clearing
authorisation means
a regrowth clearing
authorisation under the Vegetation
Management Act, section 19ZA(1). regrowth
vegetation ,
for schedule 7A,
see the Vegetation Management Act,
schedule. regrowth vegetation code means the
regrowth vegetation code under the Vegetation Management Act,
section 19S(1). regrowth vegetation map means the
regrowth vegetation map under the Vegetation Management Act,
section 20AB. regulated regrowth
vegetation means
regulated regrowth
vegetation under the Vegetation Management
Act. regulated vegetation management map
see the Vegetation Management Act,
section 20A. relevant impacts , for part 6,
see section 31. relevant instrument of lease
means an instrument of lease for
a
grant of a residential lease over a part of a lot that—
(a) was previously subject to a social
housing lease; and (b) is the same part of the lot that was
subject to— (i) a partial surrender of the social
housing lease; or (ii) if the part of
the lot is the last remaining part of the social
housing lease—a
whole surrender
of the lease.
relevant program —
1 Relevant program , for schedule
4, table 5, items 11 and 12, means
the program established by
the Commonwealth government in February
2009 that— Current as at 28 May 2014 Page
209
Sustainable Planning Regulation 2009
Schedule 26 Page 210
(a) provides funding
for new facilities and
refurbishments in schools, including, for
example, trade training centres; and
(b) is known
as the ‘Nation
Building and
Jobs Plan—Building
the Education Revolution’. 2 Relevant
program ,
for schedule 4,
table 5,
item 12A,
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’. relevant service
provider means any of the following—
(a) for a
sewer—the sewerage
service provider
for the sewer;
(b) for a
water main—the
water service
provider for
the water main; (c)
for a stormwater drain—the
owner of
the stormwater drain.
remediate ,
contaminated land,
see the Environmental Protection Act,
schedule 4. remnant map
see the Vegetation Management Act,
section 20AA.
remnant vegetation means
remnant vegetation as
defined under the
Vegetation Management Act. replacement water bore
means a water bore that— (a)
is
constructed or installed— (i) to replace a
water bore (the previous bore ) used
for the taking of, or interfering with,
water— (A) for which a development permit was
held or, under the
Water Act
2000 section
1048A, Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 26 was taken to be
held; or (B) which, under section 681(1) of the
Act, was taken to be a lawful use of the premises
in which the previous bore was constructed
or installed; and (ii)
within 10m
of the location
of the previous
bore; and
(b) taps the same aquifer tapped by the
previous bore. residence , for schedule
7A, part 2, item 11, means a building or structure, or
a part of a building or structure, that is used, or
designed to be used, as a dwelling.
Examples —
1 dwelling house 2
flat
or unit residential care
facility means
a residential care
facility as
defined under the standard planning scheme
provisions. residential clearing —
(a) for the clearing of vegetation on
freehold land or land subject to
a lease under
the Land Act
1994 —means
clearing the
vegetation to
the extent necessary
for building a
single dwelling
house on
a lot, and
any reasonably associated building
or structure, if
the building of the dwelling house
is— (i) building work for which a development
permit for a building development application, or
a compliance permit, has been given;
or (ii) building
work mentioned
in schedule 3,
part 2,
table 1, item 1; or (iii)
for
public housing; or (b) for the
clearing of
vegetation on
indigenous land—means clearing
the vegetation to
the extent necessary
for building dwelling
houses, and
any reasonably associated building
or structure, for
Aboriginal or
Torres Strait
Islander inhabitants of
the land or persons providing educational,
health, police or Current as at 28 May 2014 Page
211
Sustainable Planning Regulation 2009
Schedule 26 Page 212
other community
services for
the inhabitants, if
the building of the dwelling houses
is— (i) building work for which a development
permit for a building development application, or
a compliance permit, has been given;
or (ii) building
work mentioned
in schedule 3,
part 2,
table 1, item 1; or (iii)
for
public housing. residential land —
1 Residential land , for schedule
4, table 5, item 11, means land that— (a)
is
being used for residential purposes; or (b)
may or is
intended to
be used for
residential purposes
under— (i) a development approval
in effect on
or before 24 April 2009; or
(ii) a
planning scheme
as in force
on 24 April
2009. 2
Residential land
, for schedule
4, table 5,
item 12A,
means land that— (a)
is
being used for residential purposes; or (b)
may or is
intended to
be used for
residential purposes
under— (i) a development approval
in effect on
or before 9 June 2011; or
(ii) a
planning scheme
as in force
on 9 June
2011. residential
lease means a residential lease under—
(a) the Aboriginal Land
Act 1991 , section 147; or (b)
the Torres Strait Islander Land Act
1991 , section 112. residential zone
means land, however described,
designated in a planning
scheme, temporary
local planning
instrument, Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 26 master plan or
preliminary approval to which section 242 of the Act applies
as residential. Examples of ways of describing land
— • general
residential • park residential •
residential living •
residential choice •
residential low density •
residential medium density
• residential high density
resource activity
see the Environmental Protection Act,
section 107. resource
allocation authority
, for schedule
7A, means a
resource allocation authority
issued under
the Fisheries Regulation
2008 , chapter 5, part 3. road
frontage , for land, for schedule 4, table 5, items
11 and 12A, means
the boundary between
the land and
any road adjoining the
land. routine management , for clearing
native vegetation on land, means the clearing of native
vegetation— (a) to establish a necessary fence, road
or vehicular track if the maximum width of clearing for the
fence, road or track is 10m; or (b)
to construct necessary
built infrastructure, including
core airport
infrastructure, other
than contour
banks, fences, roads or
vehicular tracks, if— (i) the
clearing is
not to source
construction timber;
and (ii) the total extent
of clearing is less than 2ha; and (iii)
the
total extent of the infrastructure is on less than
2ha;
or (c) by the
owner on
freehold land
to source construction timber for
establishing necessary infrastructure on any land of the
owner, if— Current as at 28 May 2014 Page
213
Sustainable Planning Regulation 2009
Schedule 26 (i)
the clearing does
not cause land
degradation as
defined under
the Vegetation Management Act;
and (ii) restoration of a
similar type, and to the extent of the removed
trees, is ensured; or (d) by the lessee of
land subject to a lease issued under the Land
Act 1994 for
agriculture or
grazing purposes
to source construction timber,
other than
commercial timber, for
establishing necessary infrastructure on the land, if—
(i) the clearing
does not
cause land
degradation as
defined under
the Vegetation Management Act;
and (ii) restoration of a
similar type, and to the extent of the removed
trees, is ensured. saleyard means
premises used
for the sale,
or offering for
sale, of
livestock, including
any part of
the premises used
for— (a)
temporarily holding
livestock before
or after the
livestock is sold or offered for sale;
or (b) transporting livestock to or from the
premises; or (c) another activity
associated with
the sale, offering
for sale, temporary holding or
transportation of livestock. school
,
for schedule 4, table 5, items 11 and 12A, means a
non-State school or State school.
SCL see the SCL Act, section 9(2).
SCL
Act means the Strategic
Cropping Land Act 2011 . SCL
chief executive
means the
chief executive
of the department in
which the SCL Act is administered. SCL
principles see the SCL Act, section 11.
scour protection component
, for waterway
barrier works,
means the part of the waterway barrier works
that is designed to prevent erosion of the bed or banks of
the waterway where Page 214 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Schedule 26 the waterway
barrier works are, or are to be, constructed or raised.
self-assessable vegetation clearing
code see
the Vegetation Management Act,
section 19O(1) and (2). SEQ Koala
Conservation State
Planning Regulatory Provisions means the SEQ
Koala Conservation State Planning Regulatory
Provisions published in May 2010. SEQ koala State
planning regulatory provisions means the
South East
Queensland Koala
State planning
regulatory provisions
published by the department. sewer
means a sewer under the Plumbing and
Drainage Act 2002 .
Note — See section 41A
(References to maintenance covers). sewerage service
provider see the Water
Supply (Safety
and Reliability) Act 2008
,
schedule 3. shop means
a shop as
defined under
the standard planning
scheme provisions. shopping
centre means a shopping centre as defined under
the standard planning scheme provisions.
showroom means a showroom
as defined under the standard planning scheme
provisions. significant community
project means
a significant community
project under
the Vegetation Management Act,
section 10(5). significant project
see the State
Development and
Public Works
Organisation Act 1971 , schedule 2. site management
plan see the Environmental Protection Act,
schedule 4. social housing
lease means— (a)
a lease for
the purposes of
social housing
under the
Aboriginal Land
Act 1991 ,
section 121(2)(a)(i) or
the Torres Strait
Islander Land
Act 1991 ,
section 86(2)(a)(i);
or Current as at 28 May 2014 Page
215
Sustainable Planning Regulation 2009
Schedule 26 Page 216
(b) a sublease
under the
Aurukun and
Mornington Shire
Leases Act 1978 , section 29(a)
for the purposes of social housing. sole or
community residence clearing means—
(a) for vegetation on freehold land or
land subject to a lease under the Land Act
1994 —clearing the vegetation to the
extent necessary for building a single
dwelling house on a lot, and
any reasonably associated building
or structure, if no other dwelling house
exists on the lot; or (b) for
vegetation on
indigenous land—clearing the
vegetation to the extent necessary for
building dwelling houses, and
any reasonably associated building
or structure, for
Aboriginal or
Torres Strait
Islander inhabitants of
the land or persons providing educational, health,
police or
other community
services for
the inhabitants. spring
see
the Water Act 2000 , schedule
4. State coastal
land see
the Coastal Protection and
Management Act, section 17.
State-controlled road means—
(a) a State-controlled road
within the
meaning of
the Transport Infrastructure Act, schedule
6; or (b) State toll road corridor land.
State-controlled transport tunnel
means— (a)
a
tunnel that forms part of a— (i)
State-controlled road; or
(ii) railway;
or (iii) public passenger
transport corridor; or (b) a railway tunnel
easement. State development assessment provisions means
the document called ‘State development
assessment provisions’, dated 9 May 2014 and published by the
department. Editor’s note —
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 26 The
document can
be inspected on
the department’s website
at <www.dsdip.qld.gov.au>
State Planning Policy 2013
means the State planning policy
dated December 2013 made by the
Minister. State school , for schedule
4, table 5, items 11 and 12A, means a
school established under
the Education (General
Provisions) Act 2006 , section
13. State toll road corridor land
see
the Transport Infrastructure Act, schedule
6. stock purposes see the
Water Act 2000 , schedule
4. storey means a space
within a building between 2 floor levels, or a floor level
and a ceiling or roof, other than— (a)
a
space containing only— (i) a lift shaft,
stairway or meter room; or (ii) a bathroom,
shower room, laundry, water closet or other sanitary
compartment; or (iii) accommodation for
not more than
3 motor vehicles;
or (iv) a
combination of
any things mentioned
in subparagraph (i), (ii) or (iii);
or (b) a basement, if the ceiling of the
basement is not more than 1m above ground level.
stormwater drain
means infrastructure used
for receiving, storing,
transporting or treating stormwater. Note
— See section 41A (References to
maintenance covers). structure plan
arrangements means
the structure plan
arrangements applying to premises under
section 40. subartesion water see the
Water Act 2000 , schedule
4. subdivision plan —
1 Subdivision plan
means a
plan, however
called, for
reconfiguring a lot if, under an Act, the
plan requires the approval (in
whatever form)
of a local
government Current as at 28
May 2014 Page 217
Sustainable Planning Regulation 2009
Schedule 26 Page 218
before the plan is registered or otherwise
recorded under that Act. 2
Subdivision plan
includes an
agreement that
reconfigures a lot by dividing land into
parts rendering different parts
of the lot
available for
separate disposition or
separate occupation. 3 Subdivision
plan does not include— (a)
a
lease for— (i) a term,
including renewal
options, not
exceeding 10 years; or (ii)
all
or part of a building; or (b) a plan, however
called, for reconfiguring a lot if the reconfiguration
is in relation to— (i) the acquisition, including
by agreement, under
the Acquisition Act,
of land by
a constructing authority, as defined
under that Act, or an authorised electricity entity,
for a purpose set out in the schedule of that Act;
or (ii) the
acquisition by
agreement, other
than under
the Acquisition Act,
of land by
a constructing authority, as defined
under that Act, or an authorised electricity entity,
for a purpose set out in the schedule of that Act;
or (iii) land
held by
the State, or
a statutory body
representing the State, for a purpose set
out in the Acquisition Act, schedule, whether
or not the land relates to an acquisition;
or (iv) a lot comprising
strategic port land; or (v) the
acquisition of
land for
a water infrastructure
facility; or (c) a plan
lodged under
the Acquisition Act,
section 12A
as a result
of a reconfiguration of
a lot mentioned in
paragraph (b)(i). subscriber connection means
an installation for
the sole purpose of
connecting a building, structure, caravan or mobile
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 26 home
to a line
that forms
part of
an existing telecommunications network.
substation site —
1 Substation site
means premises
larger than
50m 2 forming part of
a transmission grid or supply network under the
Electricity Act 1994 , and used
for— (a) converting or transforming electrical
energy from one voltage to another; or
(b) regulating voltage in an electrical
circuit; or (c) controlling electrical circuits;
or (d) switching electrical current between
circuits. 2 Substation site includes
telecommunication facilities for controlling works
as defined under
the Electricity Act
1994 , section 12(1),
and for workforce operational and safety
communications. 3 Substation site does not
include— (a) pole mounted substations, transformers
or voltage regulators; or (b)
pad
mounted substations or transformers. suitability statement
see the Environmental Protection Act,
schedule 4. temporary
waterway barrier
works code
, for schedule
7A, means the
document called
‘Code for
self-assessable development–Temporary Waterway
Barrier Works,
Code number: WWBW02’,
dated April 2013 and published by the fisheries
department. theatre means
a theatre as
defined under
the standard planning scheme
provisions. thinning ,
for schedule 7A,
see the Vegetation Management Act,
schedule. tidal water see the Coastal
Protection and Management Act, schedule.
Current as at 28 May 2014 Page
219
Sustainable Planning Regulation 2009
Schedule 26 Page 220
total footprint
, of a
building and
any reasonably associated structure, or
an extension of
an existing building
and any reasonably
associated structure, means the total area of land
developed for
the building and
structure, or
the extension, including, for
example, the areas covered by the following— (a)
the floor area
of the building
and structure or
the extension; (b)
landscaping and fencing for the building and
structure or the extension; (c)
a
car park, driveway or other facility associated with the
building and structure or the
extension. tourist attraction means a tourist
attraction as defined under the standard
planning scheme provisions. tourist resort
complex means an integrated facility for
tourists that provides
accommodation and
a range of
recreational facilities for
guests and visitors to the facility. trade
training centre
means a
facility used
for trade or
vocational education and training.
trust land means land
comprising a reserve or deed of grant in trust under
the Land Act 1994 .
TSA means total site area for a
development application. unallocated State land
see
the Land Act 1994 , schedule
6. urban area means—
(a) an area
identified in
a gazette notice
by the chief
executive as an urban area; or
(b) if no
gazette notice
has been published—an area
identified as
an area intended
specifically for
urban purposes,
including future urban purposes (but not rural residential or
future rural residential purposes) on a map in a planning
scheme that— (i) identifies the areas using cadastral
boundaries; and (ii) is
used exclusively or
primarily to
assess development
applications. Example of a map for paragraph (b)
— Current as at 28 May 2014
Sustainable Planning Regulation 2009
Schedule 26 a zoning
map urban purposes
means purposes
for which land
is used in
cities or
towns, including
residential, industrial, sporting,
recreation and
commercial purposes,
but not including
environmental, conservation, rural, natural
or wilderness area purposes. warehouse
means a warehouse as defined under the
standard planning scheme provisions.
water-based fire
safety installation see
the Building Fire
Safety Regulation 2008 , schedule
3. water bore see the
Water Act 2000 , schedule
4. watercourse —
1 Generally, watercourse means a
watercourse as defined under the Water Act
2000 , schedule 4. 2
Watercourse , for schedule
24, part 1, section 1(2)— (a) means a river,
creek or stream in which water flows permanently or
intermittently— (i) in a
natural channel,
whether artificially improved or not;
or (ii) in an artificial
channel that has changed the course of the
watercourse; and (b) includes the bed and banks and any
other element of a river, creek or stream confining or
containing water. water
entitlement see the Water Act
2000 , schedule 4. water
main means infrastructure used for transporting
water other than stormwater. Note
— See section 41A (References to
maintenance covers). water resource plan
means a water resource plan under the
Water Act 2000. water
service provider
see the Water
Supply (Safety
and Reliability) Act 2008
,
schedule 3. Current as at 28 May 2014 Page
221
Sustainable Planning Regulation 2009
Schedule 26 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. wetland
see the Environmental Protection Regulation 2008
, schedule 12. wetland
protection area
see the Environmental Protection Regulation
2008 , schedule 12. World
Heritage Convention means
the Convention for
the Protection of the World Cultural and
Natural Heritage that has been adopted
by the General
Conference of
the United Nations
Educational, Scientific and Cultural Organization, a
copy
of which is set out in the Wet Tropics
World Heritage
Protection and Management Act 1993
,
schedule 2. Page 222 Current as at 28
May 2014
Endnotes Sustainable
Planning Regulation 2009 Endnotes 1
Index to endnotes Page
2 Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . .223 3 Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .223 4
List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . .226
5 List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . .233 2 Key Key to
abbreviations in list of legislation and annotations
Key AIA amd
amdt ch def
div exp gaz
hdg ins lap
notfd num
o in
c om orig p
para prec pres
prev Explanation =
Acts
Interpretation Act 1954 = amended
= amendment =
chapter =
definition =
division =
expires/expired =
gazette =
heading =
inserted =
lapsed =
notified =
numbered =
order in council =
omitted =
original =
page =
paragraph =
preceding =
present =
previous Key
(prev) proc
prov pt
pubd R[X]
RA reloc renum
rep (retro) rv
s sch sdiv
SIA SIR SL
sub unnum Explanation =
previously =
proclamation =
provision =
part =
published =
Reprint No. [X] =
Reprints Act 1992 =
relocated =
renumbered =
repealed =
retrospectively =
revised version =
section =
schedule =
subdivision =
Statutory Instruments Act 1992
= Statutory Instruments Regulation
2012 = subordinate legislation
= substituted =
unnumbered 3
Table of reprints A new reprint of
the legislation is prepared by the Office of the Queensland
Parliamentary Counsel each time a change to the legislation
takes effect. The notes column for this reprint gives
details of any discretionary editorial powers under
the Reprints Act 1992 used by the
Office of the Queensland Parliamentary Counsel in
preparing it. Section 5(c) and (d) of the Act
are not mentioned as they contain mandatory Current as at 28
May 2014 Page 223
Sustainable Planning Regulation 2009
Endnotes requirements that
all amendments be
included and
all necessary consequential amendments be
incorporated, whether of punctuation, numbering or another kind.
Further details of the use of any discretionary
editorial power noted in the table can be obtained by
contacting the Office of the Queensland
Parliamentary Counsel by telephone on 3003 9601 or email
legislation.queries@oqpc.qld.gov.au. From
29 January 2013,
all Queensland reprints
are dated and
authorised by
the Parliamentary Counsel. The previous
numbering system and distinctions between printed
and
electronic reprints is not continued with the relevant details for
historical reprints included in this table. Reprint
No. 1 1A
1B 1C 1D
1E 1F 1G
1H 1I 2
2A 2B 2C
2D 2E 2F
2G 2H 2I
2J 2K 2L
2M 2N 2O
2P 2Q 3
3A 3B Amendments
included 2009 SL No. 313 2010 SL No.
35 2010 SL No. 48 2010 SL No.
76 2010 SL No. 84 2010 SL No.
98 2010 SL No. 148 2010 SL No.
69 2010 Act No. 20 2010 SL No.
148 2010 SL No. 176 2010 SL No.
279 — 2010 SL No. 324 2010 SL No.
343 2010 SL No. 344 2011 SL No.
7 2011 SL No. 47 2011 SL No.
66 2011 SL No. 74 2011 SL No.
77 2011 SL No. 88 2011 SL No.
139 2011 SL No. 218 2011 Act No.
40 2011 SL No. 246 2011 SL No.
252 2011 SL No. 265 2011 SL No.
266 2011 Act No. 18 2011 SL No.
240 2011 SL No. 278 2012 SL No.
8 2011 Act No. 47 —
2012
SL No. 80 2012 SL No. 100 Effective
18
December 2009 12 March 2010 26 March
2010 30 April 2010 14 May
2010 31 May 2010 25 June
2010 1 July 2010 9 July
2010 8 October 2010 8 October
2010 26 November 2010 3 December
2010 4 February 2011 6 May 2011
25
May 2011 3 June 2011 10 June
2011 1 July 2011 22 July
2011 4 November 2011 24 November
2011 25 November 2011 2 December
2011 9 December 2011 1 January
2012 27 January 2012 30 January
2012 30 January 2012 29 June
2012 13 July 2012 Notes
R1I
withdrawn, see R2 R2Q withdrawn, see R3 Page 224
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Endnotes Reprint
No. 3C 3D
3E 3F 3G
4 4A Amendments
included 2012 SL No. 118 2012 SL No.
120 2012 SL No. 133 2012 SL No.
186 2012 SL No. 167 2012 SL No.
197 2012 SL No. 197 2012 SL No.
228 2012 SL No. 232 Effective
3
August 2012 24 August 2012 26 October
2012 1 November 2012 16 November
2012 1 December 2012 14 December
2012 Current as at 1 February
2013 15 March 2013 25 March
2013 31 March 2013 12 April
2013 14 May 2013 1 July 2013
2
August 2013 30 August 2013 27 September 2013
rv 11 October 2013 18 October
2013 1 November 2013 22 November
2013 2 December 2013 20 December
2013 1 January 2014 20 February
2014 4 April 2014 28 April
2014 16 May 2014 21 May 2014
23 May
2014 28 May 2014 Amendments
included 2013 SL No. 2 2013 SL No.
28 2013 SL No. 28 2013 SL No.
25 2013 SL No. 45 2013 Act No.
23 2013 SL No. 114 2013 SL No.
151 2013 SL No. 168 2013 Act No.
23 2013 SL No. 190 2013 SL No.
197 2013 SL No. 204 2013 SL No.
217 2013 SL No. 236 2013 SL No.
258 2013 SL No. 304 2013 SL No.
257 2013 SL No. 265 2013 Act No.
2 2014 SL No. 38 2014 SL No.
47 2014 SL No. 63 2014 Act No.
17 2014 SL No. 66 2014 Act No.
29 Notes Notes
RA s
44 RA s 44 Current as at 28
May 2014 Page 225
Sustainable Planning Regulation 2009
Endnotes 4
List
of legislation Regulatory impact statements
For
subordinate legislation that has a regulatory impact statement,
specific reference to the statement is included in
this list. Explanatory notes All subordinate
legislation made on or after 1 January 2011 has an explanatory
note. For subordinate legislation made before 1 January 2011
that has an explanatory note, specific reference to the note
is included in this list. Sustainable
Planning Regulation 2009 SL No. 280 made by the
Governor in Council on 26 November 2009 notfd gaz 27
November 2009 pp 1001–6 ss 1–2 commenced on date of
notification remaining provisions commenced 18 December
2009 (see s 2) exp 1 September 2020 (see SIA s 54)
Note—The expiry date may have changed since
this reprint was published. See the latest reprint of
the SIR for any change. amending legislation—
Sustainable Planning Amendment Regulation
(No. 1) 2009 SL No. 313 notfd gaz 18 December 2009 pp
1292–3 commenced on date of notification
Fisheries and Other Legislation Amendment and
Repeal Regulation (No. 1) 2010 SL No. 35 ss 1, 25
sch 2 notfd gaz 12 March 2010 pp 601–2
commenced on date of notification
Building and Other Legislation Amendment
Regulation (No. 1) 2010 SL No. 48 pts 1, 3
notfd
gaz 26 March 2010 pp 722–4 commenced on date of
notification Building and Other Legislation Amendment
Regulation (No. 2) 2010 SL No. 69 pts 1, 3
notfd
gaz 23 April 2010 pp 1008–11 ss 1–2 commenced
on date of notification remaining provisions commenced 1 July
2010 (see s 2) Note—A regulatory impact statement and
explanatory note were prepared. Environmental
Protection and Other Legislation Amendment Regulation (No.
1) 2010 SL No. 76 pts 1, 3 notfd gaz 30
April 2010 pp 1053–4 commenced on date of notification
Note—A regulatory impact statement and
explanatory note were prepared. Sustainable
Planning Amendment Regulation (No. 1) 2010 SL No. 84
notfd
gaz 14 May 2010 pp 121–2 commenced on date of
notification Page 226 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Endnotes South-East
Queensland Water (Distribution and Retail Restructuring) and
Other Legislation Amendment Act 2010 No. 20 ss 1,
2(1)(d), pt 9 date of assent 23 May 2010
ss
1–2 commenced on date of assent remaining
provisions commenced 1 July 2010 (see s 2(1)(d))
Sustainable Planning Amendment Regulation
(No. 2) 2010 SL No. 98 notfd gaz 28 May 2010 pp 290–92
ss 1,
3 commenced on date of notification remaining
provisions commenced 31 May 2010 (see s 3) Building and
Other Legislation Amendment Regulation (No. 3) 2010 SL No. 148
pts 1, 5 notfd gaz 25 June 2010 pp
823–30 ss 1–2 commenced on date of
notification s 17 commenced 1 July 2010 (see s 2)
remaining provisions commenced on date of
notification Sustainable Planning Amendment Regulation
(No. 3) 2010 SL No. 176 notfd gaz 9 July 2010 pp 1101–2
commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 4) 2010 SL No. 279 notfd gaz 8 October 2010 pp
378–9 commenced on date of notification
Building and Other Legislation Amendment
Regulation (No. 4) 2010 SL No. 324 pts 1, 3
notfd
gaz 26 November 2010 pp 810–13 commenced on date
of notification Sustainable Planning Amendment Regulation
(No. 5) 2010 SL No. 343 notfd gaz 3 December 2010 pp
1003–6 commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 6) 2010 SL No. 344 notfd gaz 3 December 2010 pp
1003–6 commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 1) 2011 SL No. 7 notfd gaz 4 February 2011 pp
197–8 commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 2) 2011 SL No. 47 notfd gaz 6 May 2011 pp 39–40
commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 3) 2011 SL No. 66 notfd gaz 25 May 2011 pp 155–6
ss
1–2 commenced on date of notification remaining
provisions commenced 25 May 2011 (see s 2) Current as at 28
May 2014 Page 227
Sustainable Planning Regulation 2009
Endnotes Water and Another
Regulation Amendment Regulation (No. 1) 2011 SL No. 74 pts
1–2 notfd gaz 3 June 2011 pp 268–9
commenced on date of notification
Work
Health and Safety Act 2011 No. 18 ss 1–2, 404 sch 4 pt 2 divs
1–2 date of assent 6 June 2011
ss
1–2 commenced on date of assent remaining
provisions commenced 1 January 2012 (2011 SL No. 238)
Sustainable Planning Amendment Regulation
(No. 4) 2011 SL No. 77 notfd gaz 10 June 2011 pp 380–1
commenced on date of notification
Building and Other Legislation Amendment
Regulation (No. 2) 2011 SL No. 88 pts 1, 4
notfd
gaz 17 June 2011 pp 430–4 ss 1–2 commenced on date of
notification remaining provisions commenced 1 July 2011
(see s 2) Sustainable Planning Amendment Regulation
(No. 5) 2011 SL No. 139 notfd gaz 22 July 2011 pp 735–6
commenced on date of notification
Vegetation Management and Other Legislation
Amendment Regulation (No. 1) 2011 SL No. 218 pts
1–2 notfd gaz 4 November 2011 pp 438–9
commenced on date of notification
Water
and Other Legislation Amendment Act 2011 No. 40 pt 1, s 107
sch date of assent 24 November 2011
commenced on date of assent
Work
Health and Safety Regulation 2011 SL No. 240 ss 1, 2(4), ch 14 pt
14.11 notfd gaz 25 November 2011 pp 603–6
ss
1–2 commenced on date of notification remaining
provisions commenced 1 January 2012 on the commencement of s 277
of the Act (see s 2(4) and 2011 SL No.
238) Environmental Protection and Other
Legislation Amendment Regulation (No. 1) 2011 SL No. 246
pts 1, 3 notfd gaz 25 November 2011 pp 603–6
commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 6) 2011 SL No. 252 notfd gaz 2 December 2011 pp
658–9 commenced on date of notification
Strategic Cropping Land Act 2011 No. 47 ch 1
pt 1, ch 10 pt 2 date of assent 6 December 2011
ss
1–2 commenced on date of assent remaining
provisions commenced 30 January 2012 (see s 2(b))
Page
228 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Endnotes Building and
Other Legislation Amendment Regulation (No. 4) 2011 SL No. 265 s
1, pt 6 notfd gaz 9 December 2011 pp
729–35 commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 7) 2011 SL No. 266 notfd gaz 9 December 2011 pp
729–35 commenced on date of notification
Education and Care Services National Law
(Queensland) Regulation 2011 SL No. 278 pts 1,
11 notfd gaz 9 December 2011 pp 729–35
ss
1–2 commenced on date of notification remaining
provisions commenced 1 January 2012 (see s 2) Sustainable
Planning Amendment Regulation (No. 1) 2012 SL No. 8
notfd
gaz 27 January 2012 pp 139–40 commenced on date
of notification Sustainable Planning Amendment Regulation
(No. 2) 2012 SL No. 42 notfd gaz 17 February 2012 pp
340–3 commenced on date of notification
Note—This regulation was in force from 17
February 2012 to 11 July 2012 but was disallowed by
resolution of the Legislative Assembly passed on 11 July
2012—see Hansard 11 July 2012, pp 1173–6.
Sustainable Planning Amendment Regulation
(No. 3) 2012 SL No. 80 notfd gaz 29 June 2012 pp
704–10 commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 4) 2012 SL No. 100 notfd gaz 13 July 2012 pp 820–5
commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 5) 2012 SL No. 118 notfd gaz 3 August 2012 pp
950–1 commenced on date of notification
Water
and Other Legislation Amendment Regulation (No. 1) 2012 SL No. 120
pts 1–2 notfd gaz 3 August 2012 pp
950–1 commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 6) 2012 SL No. 133 notfd gaz 24 August 2012 pp
1065–6 commenced on date of notification
Plumbing and Drainage and Other Legislation
Amendment Regulation (No. 1) 2012 SL No. 167 pts
1, 5 notfd gaz 28 September 2012 pp 147–8
ss
1–2 commenced on date of notification remaining
provisions commenced 1 November 2012 (see s 2) Current as at 28
May 2014 Page 229
Sustainable Planning Regulation 2009
Endnotes Building and
Other Legislation Amendment Regulation (No. 1) 2012 SL No. 186
pts 1, 4 notfd gaz 26 October 2012 pp
264–6 commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 7) 2012 SL No. 197 notfd gaz 16 November 2012 pp
345–6 ss 1–2 commenced on date of
notification s 7 commenced 1 December 2012 (see s
2) remaining provisions commenced on date of
notification Sustainable Planning Amendment Regulation
(No. 8) 2012 SL No. 228 notfd gaz 14 December 2012 pp
548–52 commenced on date of notification
Gold
Coast Waterways Authority Regulation 2012 SL No. 232 pts 1,
7 notfd gaz 14 December 2012 pp 548–52
commenced on date of notification
Economic Development Regulation 2013 SL No. 2
pts 1, 3 div 9 notfd gaz 1 February 2013 pp 192–4
ss
1–2 commenced on date of notification remaining
provisions commenced 1 February 2013 (see s 2) Aboriginal and
Torres Strait Islander Land Holding Act 2013 No. 2 ss 1–2, pt 12
div 9 date of assent 19 February 2013
ss
1–2 commenced on date of assent remaining
provisions commenced
20 February 2014
(automatic commencement under AIA
s15DA(2)) Environmental Protection and Other
Legislation Amendment Regulation (No. 1) 2013 SL No. 25
pts 1, 4 notfd gaz 1 March 2013 pp 331–2
ss
1–2 commenced on date of notification remaining
provisions commenced 31 March 2013 (see s 2) Sustainable
Planning Amendment Regulation (No. 1) 2013 SL No. 28
notfd
gaz 15 March 2013 pp 387–8 ss 1–2 commenced on date of
notification ss 10(1)–(5), (10)–(12), (14), (17)–(18),
11, 14, 15, 16(1) (to the extent it om defs land relating to
a State-controlled road and State-controlled
road ), (2) (other than to the
extent it ins defs excluded work ,
potentially affected premises
and potentially sensitive
material change
of use of
premises ),
(3)–(5), (7)–(8)
commenced 25 March 2013 (see s 2)
remaining provisions commenced on date of
notification Sustainable Planning Amendment Regulation
(No. 2) 2013 SL No. 45 notfd gaz 12 April 2013 pp
514–15 commenced on date of notification
Page
230 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Endnotes Land, Water and
Other Legislation Amendment Act 2013 No. 23 ss 1, 2(d), pt 16,
s 352 sch 1 pt 2 date of assent 14
May 2013 ss 1–2 commenced on date of assent
s 352
sch 1 pt 2 commenced 27 September 2013 (2013 SL No. 189)
remaining provisions commenced on date of
assent Sustainable Planning Amendment Regulation
(No. 3) 2013 SL No. 114 notfd gaz 28 June 2013 pp
739–47 ss 1–2 commenced on date of
notification remaining provisions commenced 1 July 2013
(see s 2) Sustainable Planning Amendment Regulation
(No. 4) 2013 SL No. 151 notfd gaz 2 August 2013 pp
937–8 commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 5) 2013 SL No. 168 notfd gaz 30 August 2013 pp
1069–70 commenced on date of notification
Water
and Another Regulation Amendment Regulation (No. 1) 2013 SL No. 190
pts 1, 3 notfd
<www.legislation.qld.gov.au> 27 September 2013
commenced on date of notification
Sustainable Planning Amendment Regulation
(No. 6) 2013 SL No. 197 notfd
<www.legislation.qld.gov.au> 11 October 2013
commenced on date of notification
Environment and Heritage Protection
Legislation Amendment Regulation (No. 1) 2013 SL No. 204
pts 1, 8 notfd <www.legislation.qld.gov.au> 18
October 2013 commenced on date of notification
Building and Other Legislation Amendment
Regulation (No. 2) 2013 SL No. 217 pts 1, 3
notfd
<www.legislation.qld.gov.au> 1 November 2013
commenced on date of notification
South-East Queensland Water (Distribution and
Retail Restructuring) and Another Regulation
Amendment Regulation (No. 1) 2013 SL No. 236 pts 1, 3
notfd
<www. legislation.qld.gov.au> 22 November 2013
commenced on date of notification
Building and Other Legislation Amendment
Regulation (No. 3) 2013 SL No. 257 pts 1, 4
notfd
<www.legislation.qld.gov.au> 29 November 2013
ss
1–2 commenced on date of notification remaining
provisions commenced
1 January 2014
immediately after
the commencement of the Education and Care
Services Act 2013, section 245 (see s 2)
Current as at 28 May 2014 Page
231
Sustainable Planning Regulation 2009
Endnotes Sustainable
Planning Amendment Regulation (No. 7) 2013 SL No. 258
notfd
<www.legislation.qld.gov.au> 29 November 2013
ss
1–2 commenced on date of notification s 9(4) commenced
2 December 2013 (see s 2) (amdt could not be given effect)
remaining provisions commenced 2 December
2013 (see s 2) Education and Care Services Regulation 2013
SL No. 265 ss 1–2, 81 sch 5 pt 2 notfd
<www.legislation.qld.gov.au> 6 December 2013
ss
1–2 commenced on date of notification remaining
provisions commenced 1 January 2014 (see s 2) Building and
Other Legislation Amendment Regulation (No. 4) 2013 SL No. 304
pts 1, 3 notfd
<www.legislation.qld.gov.au> 20 December 2013
ss
1–2 commenced on date of notification remaining
provisions commenced 20 December 2013 (see s 2) Sustainable
Planning Amendment Regulation (No. 1) 2014 SL No. 38
notfd
<www.legislation.qld.gov.au> 4 April 2014 commenced on date
of notification Sustainable Planning Amendment Regulation
(No. 2) 2014 SL No. 47 notfd
<www.legislation.qld.gov.au> 24 April 2014
ss
1–2 commenced on date of notification remaining
provisions commenced 28 April 2014 (see s 2) Water Supply
Services Legislation Amendment Act 2014 No. 16 ss 1–2(1), ch 2 pt
3 date of assent 13 May 2014
ss
1–2 commenced on date of assent remaining
provisions commence 1 July 2014 (2014 SL No. 79)
Water
and Another Regulation Amendment Regulation (No. 1) 2014 SL No. 63
pts 1–2 notfd
<www.legislation.qld.gov.au> 16 May 2014 commenced on date
of notification Public Safety Business Agency Act 2014 No. 17
ss 1, 184 sch 1 pts 2, 4 date of assent 21 May 2014
commenced on date of assent
Sustainable Planning Amendment Regulation
(No. 3) 2014 SL No. 66 notfd
<www.legislation.qld.gov.au> 23 May 2014 commenced on date
of notification Land and Other Legislation Amendment Act 2014
No. 29 s 1, pt 12 div 1 date of assent 28 May 2014
commenced on date of assent
Page
232 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Endnotes 5
List
of annotations Prescribed day for particular State planning
policies to end—Act, s 45 s 4A ins 2011 SL No.
252 s 3 om 2013 SL No. 258 s 4 Guideline
for making or
amending planning
scheme or
planning scheme
policy—Act, s 117(1) s 5
amd
2011 SL No. 139 s 3; 2012 SL No. 8 s 3; 2012 SL No. 197 s 4; 2013
SL No. 258 s 5; 2014 SL No. 66 s 3
Guideline for making temporary local planning
instrument—Act, s 117(2) s 6 amd 2011 SL No.
139 s 4; 2012 SL No. 8 s 4; 2012 SL No. 197 s 5; 2013 SL
No.
258 s 6; 2014 SL No. 66 s 3 Guideline for
preparing and making structure plan—Act, s 145 s 7
om
2012 SL No. 228 s 3 PART 3—PRESCRIBED MATTERS FOR IDAS
Division 1—General Particular
development not assessable development or self-assessable
development s 9A ins 2013 SL No. 168 s 3
Prescribed matters for particular
applications—Act, ss 255A, 255B and 255C s 10A
ins
2013 SL No. 114 s 4 Applicable codes, laws, policies and
prescribed matters for development prov hdg
amd
2013 SL No. 114 s 5(1) s 11 amd 2013 SL No.
114 s 5(2) State resources—Act, s 264
s
14 om 2013 SL No. 28 s 4 Development for
which particular applications require public notification—Act,
s 298 s 17 om 2013 SL No. 28
s 5 Division 3—Fees div hdg
ins
2013 SL No. 114 s 6 Assessment manager application fee—Act, s
260 s 21A ins 2013 SL No. 114 s 6
Concurrence agency application fee—Act, s
272 s 21B ins 2013 SL No. 114 s 6
amd
2013 SL No. 217 s 8 Fee for request to change particular
development approvals—Act, s 370 s 21C
ins
2013 SL No. 114 s 6 Fee for extension request notice for
particular development approvals—Act, s 383 s 21D
ins
2013 SL No. 114 s 6 Current as at 28 May 2014 Page
233
Sustainable Planning Regulation 2009
Endnotes Qualifications of
general referee—Act, s 571 s 26 amd 2011 SL No.
139 s 5 Guidelines for priority infrastructure
plans—Act, s 627 s 27 sub 2011 SL No. 139 s 6; 2011 SL No.
252 s 4 amd 2012 SL No. 8 s 5; 2012 SL No. 197 s 6;
2013 SL No. 258 s 7; 2014 SL No. 66 s 3
Guideline for
preparing, making
or amending infrastructure charges
schedules—Act, s 630 s 29
om
2011 SL No. 139 s 7 To whom EIS and other material must be
given—Act, s 700 s 39 amd 2013 SL No. 45 s 3
When
structure plan arrangements apply to premises s 40
amd
2012 SL No. 228 s 4 Fee for assessing development application for
Brisbane core port land s 40AA ins 2011 SL No. 7
s 3 amd 2011 SL No. 88 s 12; 2012 SL No. 100 s
3 om 2013 SL No. 114 s 7 Prescribed
information and documents for development applications—Act, s
736 s 40A ins 2010 No. 279 s 3
References to maintenance covers
s
41A ins 2013 SL No. 217 s 9 PART
9—TRANSITIONAL PROVISIONS pt hdg prev pt 9 om R1
(see RA s 7(1)(k)) pres pt 9 ins 2011 SL No. 265 s 33
sub
2013 SL No. 257 s 9 Division 1—Transitional provision for
Building and Other Legislation Amendment Regulation (No.
4) 2011 div hdg prev div 1 hdg om
R1 (see RA s 7(1)(k)) pres div 1 hdg ins 2013 SL No. 257 s
10 Applications for
building development approval
to continue under pre-amended regulation s 43
prev
s 43 om R1 (see RA s 40) pres s 43 ins 2011 SL No. 265 s
33 Division 2—Transitional provision for
Building and Other Legislation Amendment Regulation (No.
3) 2013 div hdg ins 2013 SL No.
257 s 11 Development applications involving child care
centres s 44 prev s 44 om R1 (see RA s 40)
pres
s 44 ins 2013 SL No. 257 s 11 Page 234
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Endnotes Division
3—Transitional Provision for Sustainable Planning Amendment
Regulation (No. 7) 2013 div 3 (s
45) ins 2013 SL No. 258 s 8 Division
2—Amendment of
Body Corporate
and Community Management (Commercial
Module) Regulation 2008 div 2 (ss 45–46) om R1 (see RA ss
7(1)(k) and 40) Division 3—Amendment of Body Corporate and
Community Management (Small Schemes Module)
Regulation 2008 div 3 (ss 47–48) om R1 (see RA ss
7(1)(k) and 40) Division 4—Amendment of
Body Corporate
and Community Management (Standard
Module) Regulation 2008 div 4 (ss 49–50) om R1 (see RA ss
7(1)(k) and 40) Division 5—Amendment of Building Regulation
2006 div 5 (ss 51–60) om R1 (see RA ss
7(1)(k) and 40) Division 6—Amendment of Coastal Protection
and Management Regulation 2003 div 6 (ss
61–64) om R1 (see RA ss 7(1)(k) and 40)
Division 7—Amendment of Electricity
Regulation 2006 div 7 (ss 65–66) om R1 (see RA ss
7(1)(k) and 40) Division 8—Amendment of Environmental
Protection Regulation 2008 div 8 (ss 67–72) om R1 (see RA ss
7(1)(k) and 40) Division 9—Amendment of Environmental
Protection (Water) Policy 2009 div 9 (ss
73–74) om R1 (see RA ss 7(1)(k) and 40)
Division 10—Amendment of Fisheries Regulation
2008 div 10 (ss 75–85) om R1 (see RA ss
7(1)(k) and 40) Division 11—Amendment of Iconic Queensland
Places Regulation 2008 div 11 (ss 86–87) om R1 (see RA ss
7(1)(k) and 40) Division 12—Amendment of Liquor Regulation
2002 div 12 (ss 88–90) om R1 (see RA ss
7(1)(k) and 40) Division 13—Amendment of Marine Parks
(Declaration) Regulation 2006 div 13 (ss
91–92) om R1 (see RA ss 7(1)(k) and 40)
Division 14—Amendment of Nature Conservation
(Administration) Regulation 2006 div 14 (ss
93–99) om R1 (see RA ss 7(1)(k) and 40)
Division 15—Amendment of Nature Conservation
(Koala) Conservation Plan 2006 div 15 (ss
100–102) om R1 (see RA ss 7(1)(k) and 40)
Division 16—Amendment of Nature Conservation
(Macropod) Conservation Plan 2005
div
16 (ss 103–104) om R1 (see RA ss 7(1)(k) and 40)
Division 17—Amendment of Planning and
Environment Court Rules 2008 div 17 (ss
105–114) om R1 (see RA ss 7(1)(k) and 40)
Current as at 28 May 2014 Page
235
Sustainable Planning Regulation 2009
Endnotes Division
18—Amendment of Prostitution Regulation 2000 div 18 (ss
115–117) om R1 (see RA ss 7(1)(k) and 40)
Division 19—Amendment of Queensland Building
Services Authority Regulation 2003
div
19 (ss 118–119) om R1 (see RA ss 7(1)(k) and 40)
Division 20—Amendment of Rural and Regional
Adjustment Regulation 2000 div 20 (ss 120–121) om R1 (see RA ss
7(1)(k) and 40) Division 21—Amendment of Standard Plumbing
and Drainage Regulation 2003 div 21 (ss
122–123) om R1 (see RA ss 7(1)(k) and 40)
Division 22—Amendment of State Development
and Public Works Organisation Regulation
1999 div 22 (ss 124–127) om R1 (see RA ss
7(1)(k) and 40) Division 23—Amendment of State Development
and Public Works Organisation (State
Development Areas) Regulation 2009 div 23 (ss
128–129) om R1 (see RA ss 7(1)(k) and 40)
Division 24—Amendment of Stock (Cattle Tick)
Notice 2005 div 24 (ss 130–131) om R1 (see RA ss
7(1)(k) and 40) Division 25—Amendment of Stock Regulation
1988 div 25 (ss 132–133) om R1 (see RA ss
7(1)(k) and 40) Division 26—Amendment of
Transport Infrastructure (Public
Marine Facilities) Regulation
2000 div 26 (ss 134–135) om R1 (see RA ss
7(1)(k) and 40) Division 27—Amendment of Transport Operations
(Marine Safety) Regulation 2004 div 27 (ss
136–137) om R1 (see RA ss 7(1)(k) and 40)
Division 28—Amendment of Transport Planning
and Coordination Regulation 2005 div 28 (ss
138–139) om R1 (see RA ss 7(1)(k) and 40)
Division 29—Amendment of Vegetation
Management Regulation 2000 div 29 (ss 140–141) om R1 (see RA ss
7(1)(k) and 40) Division 30—Amendment of Water Regulation
2002 div 30 (ss 142–148) om R1 (see RA ss
7(1)(k) and 40) Division 31—Amendment of Water Resource
(Barron) Plan 2002 div 31 (ss 149–150) om R1 (see RA ss
7(1)(k) and 40) Division 32—Amendment of Water Resource
(Border Rivers) Plan 2003 div 32 (ss 151–154) om R1 (see RA ss
7(1)(k) and 40) Division 33—Amendment of Water Resource
(Burdekin Basin) Plan 2007 div 33 (ss 155–158) om R1 (see RA ss
7(1)(k) and 40) Division 34—Amendment of Water Resource
(Burnett Basin) Plan 2000 div 34 (ss 159–160) om R1 (see RA ss
7(1)(k) and 40) Page 236 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Endnotes Division
35—Amendment of Water Resource (Calliope River Basin) Plan
2006 div 35 (ss 161–163) om R1 (see RA ss
7(1)(k) and 40) Division 36—Amendment of Water Resource
(Condamine and Balonne) Plan 2004 div 36 (ss
164–167) om R1 (see RA ss 7(1)(k) and 40)
Division 37—Amendment of Water Resource
(Fitzroy Basin) Plan 1999 div 37 (ss 168–170) om R1 (see RA ss
7(1)(k) and 40) Division 38—Amendment of Water Resource
(Georgina and Diamantina) Plan 2004 div 38 (ss
171–174) om R1 (see RA ss 7(1)(k) and 40)
Division 39—Amendment of Water Resource (Gold
Coast) Plan 2006 div 39 (ss 175–176) om R1 (see RA ss
7(1)(k) and 40) Division 40—Amendment of Water Resource
(Great Artesian Basin) Plan 2006 div 40 (ss
177–178) om R1 (see RA ss 7(1)(k) and 40)
Division 41—Amendment of Water Resource
(Gulf) Plan 2007 div 41 (ss 179–181) om R1 (see RA ss
7(1)(k) and 40) Division 42—Amendment of Water Resource
(Logan Basin) Plan 2007 div 42 (ss 182–183) om R1 (see RA ss
7(1)(k) and 40) Division 43—Amendment of Water Resource (Mary
Basin) Plan 2006 div 43 (ss 184–186) om R1 (see RA ss
7(1)(k) and 40) Division 44—Amendment of Water Resource
(Mitchell) Plan 2007 div 44 (ss 187–189) om R1 (see RA ss
7(1)(k) and 40) Division 45—Amendment of Water Resource
(Moonie) Plan 2003 div 45 (ss 190–193) om R1 (see RA ss
7(1)(k) and 40) Division 46—Amendment of Water Resource
(Moreton) Plan 2007 div 46 (ss 194–197) om R1 (see RA ss
7(1)(k) and 40) Division 47—Amendment of Water Resource
(Warrego, Paroo, Bulloo and Nebine) Plan 2003
div
47 (ss 198–201) om R1 (see RA ss 7(1)(k) and 40)
Division 48—Amendment of Wet Tropics
Management Plan 1998 div 48 (ss 202–203) om R1 (see RA ss
7(1)(k) and 40) Division 49—Amendment of Wine Industry
Regulation 2009 div 49 (ss 204–205) om R1 (see RA ss
7(1)(k) and 40) SCHEDULE 1—DESIGNATED REGIONS
amd
2009 SL No. 313 s 3; 2010 SL No. 176 s 3; 2011 SL No. 66 s 4; 2012
SL No. 80 s 3; 2012 SL No. 133 s 3
SCHEDULE 2—COMMUNITY INFRASTRUCTURE
sub
2010 SL No. 343 s 3 amd 2011 SL No. 278 s 25;
2012
SL No. 42 s 3 (disallowed 11 July 2012) ;
2013
SL No. 265 s 81 sch 5 pt 2 Current as at 28 May 2014
Page
237
Sustainable Planning Regulation 2009
Endnotes SCHEDULE
3—ASSESSABLE DEVELOPMENT, SELF-ASSESSABLE DEVELOPMENT AND
TYPE OF ASSESSMENT amd 2010 SL No. 35 s 25 sch 2; 2010 SL No.
76 s 9; 2011 SL No. 77 s 3; 2011 SL No. 88 s 13;
2011 SL No. 139 s 8; 2011 Act No. 40 s 107 sch; 2011 SL
No.
246 s 8; 2011 Act No. 18 s 404 sch 4 pt 2 div 2; 2011 SL No. 240
s 821; 2011 SL No. 278 s 26; 2012 SL No. 118 s
3; 2013 SL No. 2 s 26; 2013 SL No. 28 s 6; 2013 SL No. 25 s 80;
2013 SL No. 114 s 8; 2013 No. 23 s 352 sch 1 pt 2;
2013 SL No. 258 s 9(1)–(3); 2013 SL No. 258 s 9(4) (amdt
could
not be given effect); 2013 Act No. 2 s 149; 2014 SL No. 63 s 4;
2014 Act No. 29 s 134 SCHEDULE
4—DEVELOPMENT THAT
CAN NOT BE
DECLARED TO
BE DEVELOPMENT OF A PARTICULAR TYPE—ACT,
SECTION 232(2) amd 2010 SL No. 48 s 6; 2010 SL No. 76 s 10;
2010 SL No. 84 s 3; 2010 SL No. 98 s 4; 2010 SL No. 344 s 3; 2011
SL No. 77 s 4; 2011 SL No. 139 s 9; 2011 SL No. 266 s
3; 2012 SL No. 42 s 4 (disallowed 11 July
2012) ; 2012 SL No. 118 s 4;
2013 SL No. 2 s 27; 2013 SL No. 28 s 7; 2013 SL No. 25 s
81;
2013 SL No. 45 s 4; 2013 SL No. 114 s 9; 2013 SL No. 168 s 4;
2013 SL No. 197 s 3; 2013 SL No. 258 s 10; 2013
Act No. 2 s 150; 2014 SL No. 38 s 3; 2014 SL
No. 47 s 4; 2014 Act No. 17 s 184 sch 1 pt 2 SCHEDULE
5—APPLICABLE CODES, LAWS, POLICIES AND PRESCRIBED
MATTERS FOR PARTICULAR DEVELOPMENT
sch
hdg amd 2013 SL No. 28 s 10(1)
sch
5 amd 2011 SL No. 77 s 5; 2011 SL No. 246 s 9;
2011 Act No. 18 s 404 sch 4 pt 2 div 2; 2013 SL
No. 28 s 8; 2013 SL No. 25 s 82; 2013 SL No. 114 s
10(2)–(23); 2013 SL No. 197 s 4; 2013 SL No.
258 s 11; 2014 SL No. 63 s 5 SCHEDULE
6—ASSESSMENT MANAGER
FOR DEVELOPMENT APPLICATIONS amd 2010 SL No.
76 s 11; 2011 SL No. 77 s 6; 2011 SL No. 246 s 10; 2011
Act
No. 18 s 404 sch 4 pt 2 div 2; 2011 SL No. 240 s 822; 2012 SL No.
120 s 3; 2012 SL No. 118 s 5; 2013 SL No. 28 s
9; 2013 SL No. 25 s 83; 2013 SL No. 114 s 11;
2014 SL No. 63 s 6 SCHEDULE 7—REFERRAL AGENCIES AND THEIR
JURISDICTIONS amd 2009 SL No. 313 s 4; 2010 SL No. 48 s 7;
2010 SL No. 76 s 12; 2010 SL No. 98 s 5; 2010
SL No. 148 s 16; 2010 SL No. 69 s 7; 2010 Act No. 20 s
72;
2010 SL No. 324 s 6; 2011 SL No. 66 s 5; 2011 SL No. 77 s 7; 2011
SL No. 246 s 11; 2011 SL No. 252 s 5; 2011 SL
No. 265 s 34; 2011 Act No. 18 s 404 sch 4 pt 2;
2011 SL No. 240 s 823; 2011 Act No. 47 s 297; 2012 SL
No.
42 s 5 (disallowed 11 July 2012) ; 2012 SL No. 118
s 6; 2012 SL No. 186 s 12; 2012 SL No. 167 s 51; 2012 SL No.
232 s 12; 2013 SL No. 28 s 10; 2013 SL No. 25 s 84; 2013 Act No.
23 s 205; 2013 SL No. 114 s 12; 2013 SL No. 197 s
5; 2013 SL No. 217 s 10; 2013 SL No. 236 s 6; 2013 SL
No.
258 s 12; 2013 SL No. 304 s 10; 2013 SL No. 257 s 12; 2014 SL
No. 47 s 5; 2014 SL No. 63 s 7; 2014 Act No. 17
s 184 sch 1 pts 2, 4 Page 238 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Endnotes SCHEDULE
7A—PARTICULAR ASSESSMENT CONCURRENCE
AGENCY APPLICATION FEES ins 2013 SL No. 114 s 13
amd
2013 SL No. 168 s 5; 2013 SL No. 258 s 13 MANAGER
AND SCHEDULE 8—SPECIAL FIRE SERVICES AND
REFERRAL JURISDICTION OF QUEENSLAND FIRE AND RESCUE SERVICE
FOR THEM amd 2011 SL No. 77 s 8; 2014 Act No. 17 s
184 sch 1 pt 4 SCHEDULE 9—DEVELOPMENT IMPACTING
ON STATE TRANSPORT
INFRASTRUCTURE AND THRESHOLDS
sub
2013 SL No. 28 s 11 amd 2014 SL No. 47 s 6 SCHEDULE
10—RAIL TRANSPORT
RELATED DEVELOPMENT MADE
ASSESSABLE UNDER SCHEDULE 3, PART 1, AND
THRESHOLDS FOR REFERRAL om 2013 SL No. 28
s 11 SCHEDULE 11—DEVELOPMENT IMPACTING
ON STATE-CONTROLLED ROADS AND
THRESHOLDS sch hdg sub 2011 SL No.
77 s 9 sch 11 amd 2011 SL No.
278 s 27; 2012 SL No. 118 s 7 om 2013 SL No. 28
s 11 SCHEDULE 12—DEVELOPMENT IMPACTING
ON THE PROVISION
OF PUBLIC PASSENGER TRANSPORT, AND
THRESHOLDS om 2013 SL No. 28 s 11 SCHEDULE
13—DEVELOPMENT IMPACTING ON RAILWAY SAFETY AND EFFICIENCY, AND
THRESHOLDS om 2013 SL No. 28 s 11 SCHEDULE
13A—EXCLUDED MATTERS
FOR SCL OR
POTENTIAL SCL
CONCURRENCE AGENCY JURISDICTION
ins
2011 Act No. 47 s 298 amd 2012 SL No. 228 s 5; 2013 SL No.
151 s 3 SCHEDULE 14—STATE RESOURCES
amd
2011 SL No. 77 s 10 om 2013 SL No. 28 s 12 SCHEDULE
15—REFERRAL AGENCY ASSESSMENT PERIODS amd 2013 SL No.
217 s 11; 2014 Act No. 17 s 184 sch 1 pt 4 SCHEDULE
16—DEVELOPMENT FOR WHICH A NOTIFICATION PERIOD OF AT LEAST 30
BUSINESS DAYS APPLIES—PURPOSES om 2013 SL No. 28
s 13 SCHEDULE 17—DEVELOPMENT FOR WHICH A
NOTIFICATION PERIOD OF AT LEAST 30 BUSINESS DAYS
APPLIES—AREAS amd 2010 SL No. 76 s 13; 2011 SL No. 246 s
12 om 2013 SL No. 28 s 13 Current as at 28
May 2014 Page 239
Sustainable Planning Regulation 2009
Endnotes SCHEDULE
18—COMPLIANCE ASSESSMENT OF
PARTICULAR DEVELOPMENT amd 2009 SL No.
313 s 5; 2010 SL No. 98 s 6; 2010 SL No. 343 s 4; 2011 SL
No.
66 s 6; 2011 SL No. 88 s 14; 2011 SL No. 139 s 10; 2012 SL No. 80
s 4; 2013 SL No. 2 s 28; 2013 SL No. 28 s 14;
2013 SL No. 168 s 6; 2013 SL No. 258 s
14 SCHEDULE 19—COMPLIANCE ASSESSMENT OF
SUBDIVISION PLANS amd 2010 Act No. 20 s 73 SCHEDULE 20—COURT
FEES sub 2011 SL No. 139 s 11; 2012 SL No. 100 s
4; 2013 SL No. 114 s 14 SCHEDULE 21—BUILDING AND DEVELOPMENT
COMMITTEE FEES sub 2010 SL No. 148 s 17; 2011 SL No. 88 s
15; 2012 SL No. 197 s 7; 2013 SL No. 114 s
14 SCHEDULE 24—CLEARING OF NATIVE VEGETATION—NOT
ASSESSABLE DEVELOPMENT UNDER SCHEDULE 3, PART 1, TABLE
4, ITEM 1 Clearing and other activities or matters for
land generally s 1 amd 2011 SL No. 74 s 3; 2011 SL No.
218 s 3; 2011 SL No. 252 s 6; 2013 SL No. 28 s 15; 2013
SL No. 45 s 5(1); 2013 SL No. 151 s 4 (1)–(2); 2013 SL
No.
190 s 44; 2013 SL No. 258 s 15; 2014 Act No. 17 s 184 sch 1 pt
2 PART 2—CLEARING FOR PARTICULAR LAND
pt
hdg sub 2013 SL No. 258 s 15(5)
Freehold land s 2
amd
2013 SL No. 2 s 29; 2013 SL No. 151 s 4(3) sub 2013 SL No.
258 s 15(5) Indigenous land s 3
amd
2013 SL No. 2 s 29; 2013 SL No. 45 s 5(2) sub 2013 SL No.
258 s 15(5) Land subject to a lease under the Land Act
1994 s 4 amd 2010 SL No. 48 s 8(1)
sub
2013 SL No. 258 s 15(5) Land that is a road under the Land Act
1994 s 5 sub 2013 SL No. 258 s 15(5)
amd
2014 Act No. 17 s 184 sch 1 pt 2 Particular trust
land under the Land Act 1994 s 6
amd
2010 SL No. 48 s 8(2) sub 2013 SL No. 258 s 15(5)
Unallocated State land under the Land Act
1994 s 7 amd 2013 SL No. 2 s 29
sub
2013 SL No. 258 s 15(5) Land subject to a licence or permit
under the Land Act 1994 s 8 amd 2013 SL No. 2
s 29 sub 2013 SL No. 258 s 15(5)
Page
240 Current as at 28 May 2014
Sustainable Planning Regulation 2009
Endnotes SCHEDULE
25A—PRESCRIBED INFORMATION AND
DOCUMENTS FOR
DEVELOPMENT APPLICATIONS—ACT, s 736
ins
2010 SL No. 279 s 4 SCHEDULE 26—DICTIONARY def
accommodation activities ins 2013 SL No.
28 s 16(2) def active transport infrastructure
ins
2010 SL No. 343 s 5(2) def airport
sub
2013 SL No. 258 s 16(1)–(2) def airport
premises ins 2013 SL No. 151 s 5 def
airport-related purpose ins 2013 SL No.
151 s 5 def air transport infrastructure
ins
2010 SL No. 343 s 5(2) def ANEF
contour ins 2013 SL No. 28 s 16(2)
def assessment manager application
fee ins 2013 SL No. 114 s 15(2)
def Australian Noise Exposure
Forecast sub 2013 SL No. 258 s 16(1)–(2)
def background level ins 2010 SL No.
84 s 4(1) def bankfull width ins 2013 SL No.
114 s 15(2) def beach replenishment
ins
2013 SL No. 114 s 15(2) def boot camp
centre ins 2014 SL No. 38 s 4 def
boot
camp centre provider ins 2014 SL No. 38 s 4 def
boot
camp program ins 2014 SL No. 38 s 4 def
Brisbane core port land ins 2013 SL No.
114 s 15(2) def Brisbane port LUP ins 2013 SL No.
114 s 15(2) def business activities
ins
2013 SL No. 28 s 16(2) def busway transport
infrastructure works ins 2010 SL No. 343 s 5(2)
def car park ins 2013 SL No.
28 s 16(2) def category 1 levee ins 2014 SL No.
63 s 8(1) def category 2 levee ins 2014 SL No.
63 s 8(1) def category 3 levee ins 2014 SL No.
63 s 8(1) def club ins 2013 SL No.
28 s 16(2) def coastal management ins 2013 SL No.
258 s 16(2) def concurrence agency application
fee ins 2013 SL No. 114 s 15(2)
def cultural heritage significance
amd
2011 SL No. 266 s 4(2); 2012 SL No. 42 s 6(3)
(disallowed 11 July 2012) def declared
catchment area ins 2013 SL No. 114 s 15(2)
om
2013 SL No. 258 s 16(1) def defined flood
level ins 2012 SL No. 186 s 13 amd 2013 SL No.
304 s 11(3) def disaster situation declaration
ins
2013 SL No. 258 s 16(2) def distributor-retailer ins 2010 No. 20 s
74 def domestic purposes ins 2014 Act No.
29 s 135 def educational establishment
ins
2013 SL No. 28 s 16(2) def education and
care service premises ins 2011 SL No. 278 s 28
def electricity infrastructure
ins
2011 SL No. 246(2) def encroachment ins 2013 SL No.
114 s 15(2) def endangered regional ecosystem
ins
2013 SL No. 258 s 16(2) def entertainment
activities ins 2013 SL No. 28 s 16(2)
def essential management
amd
2014 Act No. 17 s 184 sch 1 pt 2 def
excluded work amd 2012 SL No.
118 s 8(2); 2013 SL No. 258 s 16(3)–(4); 2013 SL No. 28 s
16(3)–(4) Current as at 28 May 2014 Page
241
Sustainable Planning Regulation 2009
Endnotes def
exempt bore ins 2014 Act No.
29 s 135 def existing levee ins 2014 SL No.
63 s 8(1) def existing school campus
amd
2011 SL No. 266 s 4(3); 2012 SL No. 42 s 6(4) (disallowed
11 July 2012) def extractive industry
ins
2013 SL No. 28 s 16(2) def failure impact
assessed ins 2011 SL No. 77 s 11(1)
def fisheries department
ins
2013 SL No. 114 s 15(2) def fish habitat
management operational policy ins 2013 SL No.
114 s 15(2) def fish movement exemption notice
ins
2013 SL No. 114 s 15(2) def flood hazard
area ins 2013 SL No. 304 s 11(2)
def fodder harvesting ins 2013 SL No.
114 s 15(2) def food and drink outlet
ins
2013 SL No. 28 s 16(2) def footprint
ins
2011 Act No. 47 s 299 sub 2013 SL No. 114 s 15
def function facility ins 2013 SL No.
28 s 16(2) def future public
passenger transport
corridor (prev
def future public
transport corridor ) sub 2010 SL No.
343 s 5 amd 2013 SL No. 28 s 16(4)
def future public passenger transport
facility amd 2013 SL No. 28 s 16(3)
def future State-controlled road
amd
2013 SL No. 28 s 16(5) def future
State-controlled transport tunnel ins 2013 SL No.
28 s 16(2) def G20 ins 2013 SL No.
168 s 7 def G20 radiocommunications works
ins
2013 SL No. 168 s 7 def Gold Coast waters ins 2012 SL No.
232 s 13 def government supported transport
infrastructure ins 2011 SL No. 246 s 13(2)
def Great Artesian Basin plan area
ins
2014 Act No. 29 s 135 def Great Barrier
Reef wetland protection area ins 2010 SL No.
76 s 14 om 2011 SL No. 246 s 13(1)
def health care services
ins
2013 SL No. 28 s 16(2) def high impact
earthworks ins 2010 SL No. 76 s 14 amd 2011 SL No.
47 s 3; 2011 SL No. 246 s 13(3)–(4); 2013 SL No. 28 s
16(6); 2013 SL No. 45 s 6; 2014 Act No. 17 s
184 sch 1 pt 2 def high impact industry
ins
2013 SL No. 28 s 16(2) def high value
agriculture clearing ins 2013 SL No. 258 s 16(2)
def hospital ins 2013 SL No.
28 s 16(2) def hotel ins 2013 SL No.
28 s 16(2) def industry activities
ins
2013 SL No. 28 s 16(2) def intensive animal
industries ins 2013 SL No. 28 s 16(2)
def interim koala habitat protection
area om 2010 SL No. 98 s 7 def
irrigated high value agriculture
clearing ins 2013 SL No. 258 s 16(2)
def key resource area amd 2011 SL No.
139 s 12 sub 2013 SL No. 258 s 16(1)–(2)
def koala conservation area
om
2010 SL No. 98 s 7 def koala sustainability area
om
2010 SL No. 98 s 7 def land relating to a State-controlled
road om 2013 SL No. 28 s 16(1)
def light rail transport infrastructure
works ins 2010 SL No. 343 s 5(2)
def livestock ins 2013 SL No.
151 s 5 Page 242 Current as at 28
May 2014
Sustainable Planning Regulation 2009
Endnotes def
loss
of capacity ins 2013 SL No. 114 s 15(2)
def low impact industry
ins
2013 SL No. 28 s 16(2) def mainstream
waterway ins 2013 SL No. 114 s 15(2)
def maintenance cover ins 2013 SL No.
217 s 12 def maintenance works declared fish
habitat area code ins 2013 SL No. 114 s 15(2)
def major hazard facility
sub
2011 SL No. 240 s 824 def major sport,
recreation and entertainment facility ins 2013 SL No.
28 s 16(2) def
major tributary ins 2013 SL No.
114 s 15(2) def master plan ins 2012 SL No.
228 s 6 def maximum flow velocity of water
ins
2012 SL No. 186 s 13 amd 2013 SL No. 304 s 11(3)
def medium impact industry
ins
2013 SL No. 28 s 16(2) def minor waterway
barrier works code ins 2013 SL No. 114 s 15(2)
def modify ins 2014 SL No.
63 s 8(1) def monitoring bore ins 2014 Act No.
29 s 135 def natural hazard management area
(flood) ins 2012 SL No. 186 s 13 om 2013 SL No.
304 s 11(1) def necessary environmental
clearing ins 2013 SL No. 258 s 16(2)
def non-State school amd 2011 SL No.
266 s 4(4); 2012 SL No. 42 s 6(5) (disallowed 11
July 2012) def noxious and hazardous
industries ins 2013 SL No. 28 s 16(2)
def obstacle limitation surface
ins
2013 SL No. 28 s 16(2) def office
ins
2013 SL No. 28 s 16(2) def operational
airspace sub 2013 SL No. 258 s 16(1)–(2)
def permanent impact ins 2011 Act No.
47 s 299 def possible major hazard facility
om
2011 SL No. 240 s 824(1) def potentially
affected premises ins 2013 SL No. 28 s 16(2)
def potentially sensitive material change
of use of premises ins 2013 SL No. 28 s 16(2)
def potential SCL ins 2011 Act No.
47 s 299 def priority development area
ins
2013 SL No. 2 s 30(2) def private
purpose ins 2013 SL No. 114 s 15(2)
amd
2013 SL No. 204 s 24(3) def proposed major
hazard facility ins 2011 SL No. 240 s 824(2)
def protection area ins 2011 Act No.
47 s 299 def public hospital ins 2012 SL No.
42 s 6(2) (disallowed 11 July 2012) def
public marine transport
infrastructure ins 2010 SL No. 343 s 5(2)
def public passenger service
ins
2010 SL No. 343 s 5(2) def public passenger
transport corridor (prev def public transport
corridor ) sub 2010 SL No. 343 s 5
amd
2013 SL No. 28 s 16(8) sub 2013 SL No. 197 s 6
def public passenger transport
facility amd 2013 SL No. 28 s 16(7)
def public safety area sub 2013 SL No.
258 s 16(1)–(2) def QPW code ins 2012 SL No.
167 s 52 def railway ins 2013 SL No.
28 s 16(2) Current as at 28 May 2014 Page
243
Sustainable Planning Regulation 2009
Endnotes amd 2014 SL No.
47 s 7(1) def railway works ins 2010 SL No.
343 s 5(2) def recreation activities
ins
2013 SL No. 28 s 16(2) def registered area
of agriculture map ins 2013 SL No. 114 s 15(2)
def regrowth vegetation
ins
2013 SL No. 114 s 15(2) def regulated
vegetation management map ins 2013 SL No. 258 s 16(2)
def relevant instrument of lease
ins
2012 SL No. 118 s 8(1) def relevant
program amd 2010 SL No. 84 s 4(2)
sub
2011 SL No. 266 s 4(5); 2012 SL No. 42 s 6(1)–(2) (disallowed
11 July 2012) def
relevant service provider
ins
2013 SL No. 217 s 12 def remediate ins 2013 SL No.
258 s 16(2) def replacement water bore
ins
2014 Act No. 29 s 135 def residence
ins
2013 SL No. 114 s 15(2) sub 2013 SL No. 204 s 24(1)–(2)
def residential care facility
ins
2013 SL No. 28 s 16(2) def residential
land sub 2011 SL No. 266 s 4(6);
2012
SL No. 42 s 6(1)–(2) (disallowed 11 July 2012)
def residential lease ins 2012 SL No.
118 s 8(1) def resource activity ins 2013 SL No.
258 s 16(2) def resource allocation authority
ins
2013 SL No. 114 s 15(2) def road
frontage amd 2011 SL No. 266 s 4(7);
2012 SL No.
42 s 6(6)
(disallowed 11 July 2012)
def saleyard ins 2013 SL No.
151 s 5 def school amd 2011 SL No.
266 s 4(8); 2012 SL No. 42 s 6(7) (disallowed 11
July
2012) def SCL ins 2011 Act No.
47 s 299 def SCL Act ins 2011 Act No.
47 s 299 def SCL chief executive
ins
2011 Act No. 47 s 299 def SCL
principles ins 2011 Act No. 47 s 299
def scour protection component
ins
2013 SL No. 114 s 15(2) def self-assessable
vegetation clearing code ins 2013 SL No. 258 s 16(2)
def SEQ Koala Conservation State Planning
Regulatory Provisions ins 2011 SL No. 266 s
4(1) def SEQ urban footprint area
om
2010 SL No. 98 s 7 def sewer ins 2013 SL No.
217 s 12 def sewerage service provider
ins
2013 SL No. 217 s 12 def shop ins 2013 SL No.
28 s 16(2) def shopping centre ins 2013 SL No.
28 s 16(2) def showroom ins 2013 SL No.
28 s 16(2) def significant project
ins
2011 Act No. 47 s 299 def social housing
lease ins 2012 SL No. 118 s 8(1)
def State-controlled road
amd
2011 SL No. 77 s 11(2) sub 2013 SL No. 28 s 16(1)–(2)
def State-controlled transport
tunnel ins 2013 SL No. 28 s 16(2)
def State development assessment
provisions ins 2013 SL No. 114 s 15(2)
amd
2013 SL No. 258 s 16(5); 2014 SL No. 47 s 7(2); 2014 SL No. 63
s 8(2) Page 244
Current as at 28 May 2014
Sustainable Planning Regulation 2009
Endnotes def
State Planning Policy 2013
ins
2013 SL No. 258 s 16(2) def State
school amd
2011 SL No.
266 s 4(9);
2012 SL No.
42 s 6(8)
(disallowed 11 July 2012)
def State toll road corridor land
ins
2010 SL No. 343 s 5(2) def stock
purposes ins 2014 Act No. 29 s 135
def stormwater drain ins 2013 SL No.
217 s 12 def structure plan arrangements
ins
2012 SL No. 228 s 6 def temporary waterway barrier works
code ins 2013 SL No. 114 s 15(2)
def theatre ins 2013 SL No.
28 s 16(2) def thinning ins 2013 SL No.
114 s 15(2) def tourist attraction ins 2013 SL No.
28 s 16(2) def trade training centre
ins
2010 SL No. 84 s 4(1) def urban
area amd 2013 SL No. 258 s 16(6)
def urban development area
om
2013 SL No. 2 s 30(1) def warehouse
ins
2013 SL No. 28 s 16(2) def water-based fire
safety installation ins 2011 SL No. 265 s 35 def
water bore ins 2014 Act No.
29 s 135 def watercourse amd 2012 SL No.
118 s 8(3)–(4) def water entitlement ins 2013 SL No.
258 s 16(2) def water main ins 2013 SL No.
217 s 12 def water service provider
ins
2013 SL No. 217 s 12 def waterway ins 2013 SL No.
114 s 15(2) def wetland , 1st mention, om
2012 SL No. 8 s 6 def wetland , 2nd mention,
ins 2011 SL No. 246 s 13(2) def wetland
management area ins 2010 SL No. 76 s 14 sub 2011 SL No.
246 s 13(1)–(2) om 2013 SL No. 28 s 16(1)
def wetland protection area
ins
2011 SL No. 246 s 13(2) © State of Queensland 2014
Authorised by the Parliamentary
Counsel Current as at 28 May 2014 Page
245