This regulation may be cited as the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Regulation 2025.
This regulation commences on 18 July 2025.
Part 2 Amendment of City of Brisbane Regulation 2012
This part amends the City of Brisbane Regulation 2012.
After section 181—
insert—181A Particular financial contributions under Planning Act
(1)The annual report for a financial year must contain the following information—(a)the total amount of financial contributions made to the council in the financial year under—(i)a community benefit agreement under the Planning Act; or(ii)a condition of a development approval imposed under the Planning Act, section 65AA(3); or(iii)a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act, section 106ZF(2); or(iv)an agreement mentioned in the Planning Act, section 65AA(7);(b)the total amount of financial contributions made to the council under an instrument mentioned in paragraph (a) that were spent by the council in the financial year and the purposes for which the contributions were spent.(2)In this section—development approval means a development approval under the Planning Act.planning chief executive means the chief executive of the department in which the Planning Act is administered.
Part 3 Amendment of Economic Development Regulation 2023
This part amends the Economic Development Regulation 2023.
After part 1A—
insert—2CPDA accepted development—Act, s 33
For section 33(4)(a) of the Act, the following development is PDA accepted development—(a)a material change of use of premises for a solar farm as defined under the Planning Regulation 2017;(b)a material change of use of premises for a wind farm as defined under the Planning Regulation 2017.
Part 4 Amendment of Local Government Regulation 2012
This part amends the Local Government Regulation 2012.
After section 189—
insert—189A Particular financial contributions under Planning Act
(1)The annual report for a financial year must contain the following information—(a)the total amount of financial contributions made to the local government in the financial year under—(i)a community benefit agreement under the Planning Act; or(ii)a condition of a development approval imposed under the Planning Act, section 65AA(3); or(iii)a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act, section 106ZF(2); or(iv)an agreement mentioned in the Planning Act, section 65AA(7);(b)the total amount of financial contributions made to the local government under an instrument mentioned in paragraph (a) that were spent by the local government in the financial year and the purposes for which the contributions were spent.(2)In this section—development approval means a development approval under the Planning Act.planning chief executive means the chief executive of the department in which the Planning Act is administered.
Part 5 Amendment of Planning Regulation 2017
This part amends the Planning Regulation 2017.
10Amendment of s 21 (Assessment manager for development applications—Act, s 48)
(1)Section 21(2)(a) and (b) and (3)(a) and (b), after ‘material change of use’—
insert—of premises
(2)Section 21—
insert—(3A)For a development application for—(a)a material change of use of premises for a relevant solar farm and no other assessable development, the assessment manager is the chief executive; or(b)a material change of use of premises for a relevant solar farm and other assessable development—(i)if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or(ii)otherwise—the assessment manager is the entity decided by the Minister.(3)Section 21(4), ‘subsection (2) or (3)’—
omit, insert—subsection (2), (3) or (4)
(4)Section 21(3A) to (5)—
renumber as section 21(4) to (6).
11Amendment of s 44 (Development assessment rules—Act, ss 68 and 69)
Section 44(1) and (2), ‘22 July 2024’—
omit, insert—18 July 2025
After part 5A—
insert—51FDevelopment requiring social impact assessment—Act, s 106T
For section 106T(1) of the Act, the following development is development for which social impact assessment is required—(a)a material change of use of premises for a solar farm that has a maximum instantaneous electricity output of 1MW or more;(b)a material change of use of premises for a wind farm.51GPurpose and application of division—Act, s 106U
(1)For section 106U of the Act, this division provides for the effect of the enactment of section 51F on the process for administering the following applications (each a pre-existing application)—(a)a development application for development mentioned in section 51F(a) or (b) that was made, but not decided, before 18 July 2025;(b)a change application relating to development mentioned in section 51F(a) or (b) that was made, but not decided, before 18 July 2025.(2)An application is a pre-existing application even if the application is also for, or relates to, development other than development mentioned in section 51F(a) or (b).(3)However, this division does not apply in relation to a change application for a minor change to a development approval.51HPre-existing applications—generally
(1)On the commencement of section 51F—(a)if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 of the Act; and(b)if the pre-existing application is a change application that has been accepted under section 79(4) of the Act—the application is taken not to have been accepted under section 79(4) of the Act.(2)This section does not apply if section 51I applies in relation to the pre-existing application.51IPre-existing applications subject to Ministerial call in or direction
(1)This section applies if—(a)before 18 July 2025, the pre-existing application was called in; or(b)before 18 July 2025—(i)the Minister gave a direction under section 95(1)(b) of the Act to not decide the pre-existing application within a stated period; and(ii)the stated period had not ended.(2)The process for administering the pre-existing application—(a)stops on the commencement of section 51F; and(b)restarts on the day the applicant gives the decision-maker for the application—(i)a social impact assessment report for the application that complies with section 106W(1) of the Act, or a notice given by the chief executive under section 106ZE(1)(a) of the Act stating that a social impact assessment report is not required for the application; and(ii)each community benefit agreement for the application required under section 106Z(1) of the Act or entered into under section 106Z(2) of the Act, or a notice given by the chief executive under section 106ZE(1)(b) of the Act stating that a community benefit agreement is not required for the application; and(c)if, under paragraph (a), the process stops during the decision period—restarts from the start of the decision period.(3)In this section—decision-maker means—(a)if subsection (1)(a) applies—the Minister; or(b)if subsection (1)(b) applies and the pre-existing application is a development application—the assessment manager; or(c)if subsection (1)(b) applies and the pre-existing application is a change application—the responsible entity.decision period means the period under chapter 3 of the Act or the development assessment rules for making a decision on the pre-existing application.51JRequirements for social impact assessment reports—Act, s 106W
(1)For section 106W(1)(b) of the Act, a social impact assessment report for a development application or change application must—(a)be prepared in accordance with the process stated in the SIA guideline, including the process for assessing the social impact of the development requiring social impact assessment the subject of the application; and(b)include the matters stated in the SIA guideline.(2)In this section—SIA guideline means the guideline made by the chief executive under section 106W(2) of the Act and dated July 2025.51KPublic sector entities for community benefit agreements—Act, s 106Z
For section 106Z(2) of the Act, the department is prescribed.51LProcedures for giving notices—Act, s 106ZE
(1)For section 106ZE(4) of the Act, this section prescribes procedures for the giving of a notice under section 106ZE(1) of the Act in relation to a development application or change application.(2)The applicant for the development application or change application may, by notice given to the chief executive, ask the chief executive to give the applicant a notice under section 106ZE(1) of the Act in relation to the application.(3)After receiving the request, the chief executive may, by notice given to the applicant, ask the applicant for stated further information in relation to the request.(4)After considering the request, the chief executive must, within the relevant period, give the applicant—(a)a notice under section 106ZE(1) of the Act in accordance with the request; or(b)notice that the chief executive has decided to refuse the request.(5)In this section—relevant period means—(a)if the chief executive asks the applicant for further information under subsection (3)—30 business days after the day the chief executive receives the information; or(b)otherwise—30 business days after the day the request under subsection (2) is received.51MMatters to be considered in making particular decisions—Act, s 106ZE
(1)For section 106ZE(4) of the Act, this section prescribes the matters the chief executive must or may consider in deciding, under section 106ZE(2) of the Act, whether it is appropriate in the circumstances for a development application or change application to be made without—(a)a social impact assessment report; or(b)a community benefit agreement.(2)The chief executive must consider the following matters—(a)the location, nature and scale of the development requiring social impact assessment the subject of the development application or change application;(b)any assessment of the social impact carried out by the applicant;(c)whether the applicant has engaged with the local government, and the community in the locality of the development, about the development application or change application, including the outcomes of the engagement;(d)whether the applicant and a public sector entity have engaged in a meditation process in relation to the development application or change application, including the outcomes of the mediation process;(e)whether the chief executive has previously given, or been asked to give, a notice under section 106ZE(1) of the Act in relation to the development application or change application.(3)The chief executive may also consider any other matter the chief executive considers relevant.
13Amendment of sch 3 (Use terms for local planning instruments)
Schedule 3, table—
insert—
solar farm
solar farm see the Planning Regulation 2017, schedule 24.
14Insertion of new sch 10, pt 16AA
Schedule 10, after part 16—
insert—27GA Assessable development—material change of use for solar farm
A material change of use of premises for a solar farm is assessable development.
Table 1—Assessable development under s 27GA
Column 1
Column 2
Impact assessment
If the chief executive is the prescribed assessment manager—the State development assessment provisions
If the development is in a priority development area and the chief executive is the prescribed assessment manager—the relevant development instrument under the Economic Development Actfor the priority development area—
—
13,715 fee units
Table 1—Assessable development under s 27GA
Column 1
Column 2
Development application for a material change of use of premises that is assessable development under section 27GA, if—
The chief executive
—
The State development assessment provisions
If the development is in a priority development area—the relevant development instrument under the Economic Development Actfor the priority development area—
—
—
The fee that would be payable to the chief executive if the chief executive were the assessment manager
15Amendment of sch 10, pt 21 (Wind farms)
(1)Schedule 10, part 21, division 2, table 1, item 2—
omit, insert—
If the chief executive is the prescribed assessment manager—the State development assessment provisions
If the development is in a priority development area and the chief executive is the prescribed assessment manager—the relevant development instrument under the Economic Development Actfor the priority development area(2)Schedule 10, part 21—
insert—
Table 1—Assessable development under s 35
Column 1
Column 2
Development application for a material change of use of premises that is assessable development under section 35, if the chief executive is not the assessment manager for the application
The chief executive
—
The State development assessment provisions
If the development is in a priority development area—the relevant development instrument under the Economic Development Actfor the priority development area—
—
—
The fee that would be payable to the chief executive if the chief executive were the assessment manager
16Amendment of sch 22, s 1 (Documents local government must keep available for inspection and purchase)
Schedule 22, section 1(1)—
insert—(wa)if the local government is a party to a community benefit agreement for a development application or change application—(i)the community benefit agreement; and(ii)any social impact assessment report for the development application or change application given to the local government;(wb)each copy of a community benefit agreement given to the local government under section 106Z(3) of the Act;
17Amendment of sch 22, s 3 (Documents local government must or may publish on website)
Schedule 22, section 3(1), after ‘(r) to (v),’—
insert—(wa), (wc),
18Amendment of sch 22, s 5 (Documents assessment manager must keep available for inspection and purchase)
Schedule 22, section 5(2)—
insert—(cc)a copy of a notice given to the assessment manager under section 106ZF(3)(b) of the Act;
19Amendment of sch 22, s 11 (Documents chief executive must keep available for inspection and purchase)
Schedule 22, section 11(1)—
insert—(rf)each community benefit agreement the department is a party to;(rg)each notice given by the chief executive under section 106ZE(1) of the Act;(rh)each report prepared by the chief executive and tabled in the Legislative Assembly under section 106ZH of the Act;
20Amendment of sch 22, s 13 (Documents chief executive must or may keep on website)
(1)Schedule 22, section 13(1)(a), before ‘(v) or (y)’—
insert—(rd) to (rh),
(2)Schedule 22, section 13(5)(b), ‘(r) to (u)’—
omit, insert—(s) to (u)
21Amendment of sch 23, s 2 (Standard planning and development certificates)
(1)Schedule 23, section 2(1)—
insert—(da)a copy of any social impact assessment report for an application for a development approval in effect for the premises, if the local government has been given a copy of the report; and(2)Schedule 23, section 2(1)—
insert—(ka)a copy of any community benefit agreement applying to the premises that the local government—(i)is a party to; or(ii)has received a copy of under section 106Z(3) of the Act; and(3)Schedule 23, section 2(1)(da) to (p)—
renumber as schedule 23, section 2(1)(e) to (r).
22Amendment of sch 23, s 3 (Full planning and development certificates)
(1)Schedule 23, section 3(1)(a), ‘an infrastructure agreement’—
omit, insert—a community benefit agreement or an infrastructure agreement
(2)Schedule 23, section 3(1), after paragraph (a)—
insert—(aa)if a community benefit agreement applies to the premises and the local government is a party to the agreement—(i)details of the nature and extent of any obligations under the agreement that have not been fulfilled; and(ii)details of any security required under the agreement, including whether any payment required to be made under the security has been made; and(3)Schedule 23, section 3(1)(aa) to (c)—
renumber as schedule 23, section 3(1)(b) to (d).
23Amendment of sch 24 (Dictionary)
(1)Schedule 24, definition non-host lot—
omit.(2)Schedule 24—
insert—pre-existing application see section 51G.relevant solar farm means—(a)a solar farm that has a maximum instantaneous electricity output of 1MW or more; or(b)a solar farm in a priority development area.solar farm—(a)means the use of premises for the generation of electricity or energy from a source of solar energy, other than electricity or energy to be used mainly on the premises; and(b)includes the use of premises for any of the following if the use relates, or is ancillary, to the use stated in paragraph (a)—(i)a building or structure, including, for example, a site office or temporary workers’ accommodation;(ii)a storage area or maintenance facility, including, for example, a lay down area;(iii)infrastructure or works, including, for example, site access, foundations, electrical works, substations, facilities or devices for storing and releasing energy, or landscaping.(3)Schedule 24, definition common material, paragraph (a)(ii), after ‘application’—
insert—, including a social impact assessment report or community benefit agreement for the application
(4)Schedule 24, definition common material, paragraph (c), ‘an infrastructure agreement’—
omit, insert—a community benefit agreement or infrastructure agreement
(5)Schedule 24, definition exempt material change of use, paragraph (a)—
insert—(xvia) a solar farm; or(6)Schedule 24, definition exempt material change of use, paragraph (a)(xvia) to (xx)—
renumber as paragraph (a)(xvii) to (xxi).(7)Schedule 24, definition exempt subdivision, paragraph (c)—
insert—(viiia) a solar farm; or(8)Schedule 24, definition exempt subdivision, paragraph (c)(viiia) to (xi)—
renumber as paragraph (c)(ix) to (xii).(9)Schedule 24, definition renewable energy facility, paragraph (a), ‘, solar energy’—
omit.(10)Schedule 24, definition renewable energy facility, paragraph (b)—
omit, insert—(b)does not include—(i)the use of premises for the generation of electricity or energy to be used mainly on the premises; or(ii)a solar farm; or(iii)a wind farm.(11)Schedule 24, definition State development assessment provisions, ‘28 January 2025’—
omit, insert—18 July 2025
(12)Schedule 24, definition wind farm, paragraph (b)(iv), after ‘substations’—
insert—, facilities or devices for storing and releasing energy,