Planning Amendment Regulation 2026

1Short title

This regulation may be cited as the Planning Amendment Regulation 2026.

2Regulation amended

This regulation amends the Planning Regulation 2017.

3Insertion of new pt 10, div 9

Part 10—
insert—

Division 9 Transitional provisions for Planning Amendment Regulation 2026

86Particular existing development applications and change applications

(1)This section applies in relation to the following applications—

(a)a development application that was properly made, but not decided, before the commencement;

(b)a change application that was properly made, but not decided, before the commencement;

(c)a change application made after the commencement if the application is for a change to a development approval—

(i)given before the commencement; or

(ii)given after the commencement for an application mentioned in paragraph (a) or (b).

(2)This regulation applies in relation to the application as if the Planning Amendment Regulation 2026, sections 4 to 7 and 8(2) had not commenced.

(3)For this section, a change application is properly made if—

(a)the application complies with section 79(1) to (3) of the Act; or

(b)the responsible entity for the application accepts the application under section 79(4)(c) or (d) of the Act.

87Existing development applications involving particular development

(1)This section also applies in relation to a development application that was properly made, but not decided, before the commencement to the extent the application involves development stated in—

(a)former schedule 10, part 9, division 1; or

(b)former schedule 10, part 18.

(2)The following provisions continue to apply in relation to the development application—

(a)former schedule 10;

(b)former schedule 24.

(3)In this section—

former, in relation to a provision of this regulation, means the provision as in force from time to time before the commencement.

4Amendment of sch 3 (Use terms for local planning instruments)

Schedule 3, table, entry for battery storage facility—
omit.

5Amendment of sch 6 (Development local categorising instrument is prohibited from stating is assessable development)

(1)Schedule 6, after section 6A—
insert—

6BMaterial change of use for battery storage facility

A material change of use of premises for a battery storage facility.

6CMaterial change of use for particular solar farms

A material change of use of premises for a solar farm that has a maximum instantaneous electricity output of 1MW or more.

(2)Schedule 6, section 7, ‘for a’—
omit, insert—

of premises for a

6Amendment of sch 8 (Assessment manager for development applications)

(1)Schedule 8, table 2, item 1(b), column 1—
insert—

(iia)any part of the development is a material change of use of premises for a solar farm, other than a relevant solar farm, that is assessable development under schedule 10, part 16AA;

(2)Schedule 8, table 2, item 1(b)(iia) to (iv)—
renumber as schedule 8, table 2, item 1(b)(iii) to (v).

7Amendment of sch 10, pt 3 (Clearing native vegetation)

(1)Schedule 10, part 3, division 1, section 4(2), ‘that is assessable development under a local categorising instrument’—
omit, insert—

of premises that is a prescribed material change of use

(2)Schedule 10, part 3, division 1, section 4(2)(b)—
omit, insert—

(b)either of the following would apply if a development application were made for the material change of use—

(i)the chief executive would, because of the clearing, be a referral agency for the material change of use under division 4, table 3;

(ii)the chief executive would, because of the clearing, have the functions and powers of a referral agency mentioned in subparagraph (i).

(3)Schedule 10, part 3, division 4, table 3, heading, ‘assessable development under a local categorising instrument’—
omit, insert—

a prescribed material change of use

(4)Schedule 10, part 3, division 4, table 3, item 1, column 2, ‘that is assessable development under a local categorising instrument’—
omit, insert—

of premises that is a prescribed material change of use

8Amendment of sch 10, pt 9 (Infrastructure-related referrals)

(1)Schedule 10, part 9, division 1—
omit.

(2)Schedule 10, part 9, division 2, table 2, item 1, column 2 and division 3, table 2, item 1, column 2, ‘that is assessable development under a local categorising instrument’—
omit, insert—

of premises that is a prescribed material change of use

9Omission of sch 10, pt 18 (Urban design)

Schedule 10, part 18—
omit.

10Amendment of sch 23B (Prescribed water storage infrastructure)

Schedule 23B—
insert—

•Bazley Property Dam on an unnamed tributary of Euri Creek

•Biggera Creek Dam on Biggera Creek

•Boondooma Dam on the Boyne River

•Bromelton Off-stream Storage on Allan Creek

•Bunyaville Conservation Park Dam on Albany Creek

•Cania Dam on Three Moon Creek

•Cedar Pocket Dam on Deep Creek

•Cooloolabin Dam on Rocky Creek

•Forest Lake Dam on an unnamed tributary of Blunder Creek

•Gold Creek Dam on Gold Creek

•Gordon Road Bardon Detention Basin on an unnamed tributary of Ithaca Creek

•Gubberley Creek Detention Basin on an unnamed tributary of Cubberla Creek

•Homebush Recycled Water Dam on an unnamed tributary of Bakers Creek

•Huxley Dam on an unnamed tributary of Apple Tree Creek

•Ibis Dam on Ibis Creek

•Isis Balancing Storage on an unnamed tributary of the Elliot River

•Kelly’s Off-stream Storage adjacent to Daly Creek

•Limestone Park Detention Basin adjacent to an unnamed tributary of the Bremer River

•Loders Creek Flood Mitigation Dam on Loders Creek

•Meandu Creek Dam on Meandu Creek

•Moogerah Dam on Reynolds Creek

•Narlagoon Dam adjacent to the Condamine River

•Nikenbah 800ML Effluent Dam adjacent to Bunya Creek

•Paluma Dam on Swamp Creek

•Poona Dam on an unnamed tributary of the South Maroochy River

•Rockland Creek Dam on Rockland Creek

•Rosewood Detention Basin at Masons Gully

•Splityard Creek Dam on Splityard Creek

•Stanwell Water Supply Dam on an unnamed tributary of Quarry Creek

•Suhr’s Creek Dam on Suhr’s Creek

•Tarong Power Station - Cooling Water Dam on an unnamed tributary of Meandu Creek

•West Barron Balancing Storage on the West Barron Main Channel

•Wild River Dam on the Wild River

•Wises Dam adjacent to the Copperfield River

•Woongarra Balancing Storage adjacent to the Burnett River

•Yeppoon State High School Dam on Fig Tree Creek

11Amendment of sch 24 (Dictionary)

(1)Schedule 24, definition prescribed local government area—
omit.

(2)Schedule 24—
insert—

prescribed material change of use, for schedule 10, parts 3 and 9, means—

(a)a material change of use of premises that is assessable development under a local categorising instrument; or

(b)a material change of use of premises for a battery storage facility that is assessable development under schedule 10, part 2, division 1; or

(c)a material change of use of premises for a relevant solar farm that is assessable development under schedule 10, part 16AA, division 1.

(3)Schedule 24, definition State development assessment provisions, ‘1 May 2026’—
omit, insert—

16 June 2026