Sustainable Planning Regulation 2009


Queensland Crest
Sustainable Planning Regulation 2009
Queensland Sustainable Planning Act 2009 Sustainable Planning Regulation 2009 Current as at 28 May 2014
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, 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. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
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