QueenslandSustainablePlanningAct2009SustainablePlanningRegulation2009Current as at 28 May 2014
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Sustainable Planning Regulation 2009Part
1 Preliminary[s 1]Sustainable
Planning Regulation 2009[as amended by all amendments that
commenced on or before 28 May 2014]Part 1Preliminary1Short
titleThisregulationmaybecitedastheSustainablePlanningRegulation 2009.2CommencementThis regulation
commences on 18 December 2009.3DefinitionsThe dictionary
in schedule 26 defines particular words used inthis
regulation.Part 2Prescribed
matters for Act,chapters 2 to 54Designated regions—Act, s 22(1)The local government areas, or parts
of the local governmentareas, of each group of local
governments mentioned in a partof schedule 1
are prescribed as a designated region for section22(1)(a) of the Act.(2)Each
designated region has the name given in schedule 1.Current as at 28 May 2014Page
5
Sustainable Planning Regulation 2009Part 3
Prescribed matters for IDAS[s 5]5Guideline for making or amending
planning scheme orplanning scheme policy—Act, s 117(1)The
guideline for making or amending a planning scheme orplanning scheme policy is contained in the
document called‘Statutoryguideline01/14Makingandamendinglocalplanning instruments’, dated 17 April 2014
and published bythe department.6Guideline for making temporary local
planninginstrument—Act, s 117(2)Theguidelineformakingatemporarylocalplanninginstrumentiscontainedinthedocumentcalled‘Statutoryguideline01/14Makingandamendinglocalplanninginstruments’,dated17April2014andpublishedbythedepartment.8Community infrastructure—Act, s 200Community infrastructure stated in schedule
2 is prescribedfor section 200 of the Act.Part
3Prescribed matters for IDASDivision 1General9Assessable development,
self-assessable developmentand type of assessment—Act, s
232(1)For section 232(1) of the Act—(a)developmentstatedinschedule3,part1,column2isassessable development; and(b)developmentstatedinschedule3,part2,isself-assessable development.Page
6Current as at 28 May 2014
Sustainable Planning Regulation 2009Part
3 Prescribed matters for IDAS[s 9A](2)For section 232(3) of the Act,
schedule 3, part 1, column 3identifies the
type of assessment for the development statedopposite in
column 2.9AParticular development not assessable
development orself-assessable development(1)Thissectionappliesfordevelopment,otherthanrelevantbuilding work, carried out on or before 30
June 2015 for theconstruction, installation, use,
maintenance, repair, alteration,decommissioning,demolitionorremovalofG20radiocommunications works.(2)Thedevelopmentisnotassessabledevelopmentorself-assessable development for section
232(1) of the Act.(3)This section applies despite section
9.(4)In this section—relevant
building workmeans development—(a)requiringcodeassessmentunderschedule3,part1,table 1, item 1; or(b)thatisself-assessabledevelopmentunderschedule3,part
2, table 1, item 1 or 2.10Development that
can not be declared to be developmentof a particular
type—Act, s 232Developmentmentionedinschedule4isprescribedforsection 232(2) of the Act.10APrescribed matters for particular
applications—Act, ss255A, 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 mattersfor
assessing, as relevant—(a)a part of an
application to which section 255A(1)(b) or255B(1)(b) of
the Act applies; orCurrent as at 28 May 2014Page
7
Sustainable Planning Regulation 2009Part 3
Prescribed matters for IDAS[s 11](b)anapplicationtowhichsection255C(1)oftheActapplies.(2)The prescribed matters are the
relevant provisions of the Statedevelopment
assessment provisions that were in effect whenthe application
was properly made.11Applicable codes, laws, policies and
prescribed mattersfor developmentSchedule 5,
parts 1 and 2, column 2 identifies the codes, laws,policies and prescribed matters that may
apply for assessingthe aspect of development mentioned opposite
in column 1.12Assessment manager for
developmentapplications—Act, s 246For section
246(1) of the Act, schedule 6, column 2 states theassessmentmanagerforthedevelopmentapplicationmentioned
opposite the assessment manager in column 1.13Referral agencies and their
jurisdictions—Act, ss 250,251 and 254For sections
250(a), 251(a) and 254(1) of the Act—(a)schedule7,column2statesthereferralagency,andwhether it is an advice agency or a
concurrence agency,for the development application mentioned in
column 1;and(b)schedule7,column3statesthejurisdictionofthereferral agency mentioned in column
2.15Referral agency assessment period—Act,
s 283For section 283(1)(a) of the Act, schedule
15, column 2 statesthe number of business days for the referral
agency mentionedopposite the number in column 1.Page
8Current as at 28 May 2014
Sustainable Planning Regulation 2009Part
3 Prescribed matters for IDAS[s 16]16Requirements for placing public
notices on land—Act, s297(1)Thissectionprescribes,forsection297(1)(b)oftheAct,requirements for placing a notice on
land.(2)The notice must be—(a)placed on, or within 1500mm of, the
road frontage forthe 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 approvedform of the notice.(4)If the land has more than 1 road
frontage, a notice must beplaced on each road frontage for the
land.(5)Theapplicantmustmaintainthenoticefromthedayitisplaced 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 adjoiningthe land; or(b)if
the only access to the land is across other land—theboundary between the other land and any road
adjoiningthe other land at the point of
access.Division 2Compliance
assessment18Compliance assessment of particular
development—Act,ss 232 and 397Forsections232(1)(b)and397(3)oftheAct,schedule18prescribes—Current as at 28
May 2014Page 9
Sustainable Planning Regulation 2009Part 3
Prescribed matters for IDAS[s 19](a)particulardevelopmentthatrequirescomplianceassessment;
and(b)themattersorthingsagainstwhichthedevelopmentmust be
assessed; and(c)theentitytowhomtherequestforcomplianceassessment must
be made.19Compliance assessment of plans for
reconfiguring alot—Act, ss 397 and 415(1)Forsection397(1)and(3)oftheAct,schedule19prescribes—(a)aparticulardocumentthatrequirescomplianceassessment;
and(b)the matters or things against which
the document mustbe assessed; and(c)theentitytowhomtherequestforcomplianceassessment must
be made; and(d)whentherequestforcomplianceassessmentmustbemade.(2)For
section 415 of the Act—(a)schedule 19 also
prescribes additional actions that mustbe taken by the
compliance assessor in relation to theassessment of
the document; and(b)acompliancecertificatemustbeintheformrequiredunder theLand Title Act
1994for registration of a planof
subdivision.20When notice of decision about
compliance assessmentmust be given—Act, s 408For
section 408(1) of the Act, the prescribed period is—(a)forcomplianceassessmentofdevelopmentorasubdivision plan requiring compliance
assessment underschedule18or19—20businessdaysafterthelocalPage 10Current as at 28 May 2014
Sustainable Planning Regulation 2009Part
3 Prescribed matters for IDAS[s 21]governmentreceivestherequestforcomplianceassessment;
or(b)if the compliance assessor is a public
sector entity or alocal government and paragraph (a) does not
apply—15business days after receiving the request
for complianceassessment; or(c)ifthecomplianceassessorisanominatedentityofalocalgovernmentandacopyoftherequestforcompliance assessment is given to the local
governmentunder section 402 of the Act—the period of
at least 20business days agreed between the entity and
the personmaking the request for compliance
assessment; or(d)ifthecomplianceassessorisanominatedentityofalocal government and paragraph (c)
does not apply—theperiod agreed between the entity and the
person makingthe request for compliance
assessment.21Prescribed period—Act, s 409For
section 409(2)(b) of the Act, the prescribed period for acompliance permit is—(a)ifthepermitisforamaterialchangeofuseorreconfiguring a lot requiring operational
works—4 yearsafter the day it takes effect; or(b)otherwise—2 years after the day it
takes effect.Division 3Fees21AAssessment manager application
fee—Act, s 260(1)Forsection260(1)(d)(ii)oftheAct,theprescribedfee(theassessmentmanagerapplicationfee)foradevelopmentapplication for
an aspect (therelevant aspect) of
developmentmentioned in schedule 7A, part 2, column 2,
is the fee statedin schedule 7A, part 2, column 3,
opposite—(a)the relevant aspect; andCurrent as at 28 May 2014Page
11
Sustainable Planning Regulation 2009Part 3
Prescribed matters for IDAS[s 21B](b)the symbol ‘A’ stated in schedule 7A,
part 2, column 4.(2)However,ifthedevelopmentapplicationisfor2ormorerelevantaspectsofdevelopment,theassessmentmanagerapplication fee for the application is each
fee payable undersubsection (1) for each relevant aspect of
the development.21BConcurrence agency application
fee—Act, s 272(1)Forsection272(1)(c)(i)oftheAct,theprescribedfee(theconcurrenceagencyapplicationfee)foradevelopmentapplication for
an aspect (therelevant aspect) of
developmentmentioned in schedule 7A, part 2, column 2,
is the fee statedin 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,ifthedevelopmentapplicationisfor2ormorerelevantaspectsofdevelopment,theconcurrenceagencyapplication 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 managerand
has 1 or more jurisdictions as a concurrence agency, the entity is
nota concurrence agency.(3)Subsection (4) applies if a relevant aspect
of the developmentapplication is—(a)buildingworktowhichtheQueenslandDevelopmentCode, part 1.4
applies; and(b)theworkisinrelationtoasewer,watermainorstormwater drain; and(c)the work—(i)does
not comply with an acceptable solution for arelevant
performance criteria stated in the part; or(ii)is
for a class of building or structure for which thepart
does not state an acceptable solution.Page 12Current as at 28 May 2014
Sustainable Planning Regulation 2009Part
3 Prescribed matters for IDAS[s 21C](4)Despitesubsection(1),theconcurrenceagencyapplicationfee for the
relevant aspect is an amount—(a)the
concurrence agency considers to be reasonable; and(b)thatisnotmorethanthereasonablecostoftheconcurrence
agency performing its functions under theAct for the
relevant aspect.21CFee for request to change particular
developmentapprovals—Act, s 370(1)This
section applies to a request, under section 369(1)(c) oftheAct,tothechiefexecutiveasaconcurrenceagencytochange a condition of a development
approval imposed by thechief executive.(2)For
section 370(2)(a)(ii) of the Act, the prescribed fee for therequest is—(a)$285.65, if the development approval is only
for—(i)developmentforanenvironmentallyrelevantactivity; or(ii)operational work that is high impact
earthworks ina wetland protection area; or(b)$506.60, if the development approval
is only for—(i)amaterialchangeofuseofpremisesforaquaculture; or(ii)operational work for fisheries development,
otherthan 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 2014Page
13
Sustainable Planning Regulation 2009Part 3
Prescribed matters for IDAS[s 21D]fisheries developmentmeans building
work in a declared fishhabitat area or operational work that
is for—(a)1 or more of the following—(i)constructing or raising waterway
barrier works;(ii)workcarriedoutcompletelyorpartlywithinadeclared fish habitat area;(iii)removal,
destruction or damage of a marine plant;and(b)no other assessable
development.21DFee for extension request notice for
particulardevelopment approvals—Act, s 383(1)Thissectionappliestoanextensionrequestnoticeforadevelopment approval if—(a)thenoticeisgiventothechiefexecutiveastheassessment
manager for the development application towhich the
approval relates; and(b)theapprovalisfordevelopmentmentionedinsection21C(2)(a) or
(b).(2)Forsection383(3)(c)(ii)oftheAct,theprescribedfeethatmust accompany
the notice is $285.65.(3)In this
section—extension request notice, for a
development approval, meansanotice,undersection383(1)(b)oftheAct,askingtheassessment manager to extend a period
mentioned in section341 of the Act for the
approval.Page 14Current as at 28
May 2014
Part
4Sustainable Planning Regulation 2009Part
4 Prescribed matters for Act, chapter 7[s 22]Prescribed matters for Act,chapter 722Court
feesThe fees payable for a proceeding in the
court are stated inschedule 20.23Building and development committee fees—Act,
ss 514and 536For sections
514(2) and 536(2) of the Act, the fees payable forproceedings before a building and
development committee fora declaration or an appeal are stated
in schedule 21.24Building and development committee
fast-track fee—Act,ss 515 and 537(1)This
section prescribes the fee to accompany a request undersection 515(2) or 537(2) of the Act to the
chief executive toappointabuildinganddevelopmentcommitteetostarthearing
proceedings for a declaration or an appeal within 2business days after starting the proceedings
or appeal.(2)Thefeepayableunderthissectionis50%of,andisinadditionto,thefeepayablefortheproceedingsorappealunder section
23.(3)However,ifthechiefexecutiverefusestherequest,thefeemust be refunded.25Jurisdiction of building and
developmentcommittees—Act, s 526A decision about
a part of a building development applicationfor which part
the local government is the concurrence agencyis prescribed
for section 526(c) of the Act.Current as at 28
May 2014Page 15
Sustainable Planning Regulation 2009Part 4
Prescribed matters for Act, chapter 7[s 26]26Qualifications of general referee—Act,
s 571(1)Forsection571oftheAct,eachofthefollowingqualifications or experience for a member of
a building anddevelopment committee that is to hear and
decide a matter isprescribed for the matter—(a)a demonstrated ability—(i)to negotiate and mediate outcomes
between partiesto an appeal; and(ii)to
apply the principles of natural justice; and(iii)to
analyse complex technical issues; and(iv)tocommunicateeffectively,including,forexample,towriteinformed,succinct,andwell-organisedreports,submissions,decisionsorother documents;(b)demonstrated knowledge of at least 1 of the
followingthe Minister considers is sufficient to
enable the persontoperformthefunctionsofamemberofthebuildingand 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)theAct,theBuildingActorthePlumbingandDrainage Act 2002;(vi)theBCA,QueenslandDevelopmentCode,orAustralian Standards relating to
building work;(vii) the National Plumbing and Drainage
Code, or theAustralianStandardsrelatingtoplumbinganddrainage work.(2)Subsection (3) applies if the matter is
about an infrastructurechargesnotice,regulatedinfrastructurechargesnotice,adoptedinfrastructurechargesnoticeorregulatedStateinfrastructure charges notice.Page
16Current as at 28 May 2014
Sustainable Planning Regulation 2009Part
4 Prescribed matters for Act, chapter 7[s 26](3)A member of the building and
development committee neednothavethequalificationsorexperiencementionedinsubsection (1)(b) if the Minister
considers the member has aqualificationorexperienceinengineeringoraccountingsufficient to
enable the person to perform the functions of amember of the
committee in relation to the matter.(4)Ifthematterisaboutapartofabuildingdevelopmentapplicationforwhichpartthelocalgovernmentistheconcurrenceagency,andthepartisassessedagainsttheplanningscheme,atleast1memberofthebuildinganddevelopment committee must also have—(a)a university qualification in town
planning; and(b)substantialexperienceininterpretingandapplyingprovisions of a
planning scheme.(5)If the matter is about a development
application for a materialchange of use of premises that
involves the use of a class 1,class 2 or class
10 building, at least 1 member of the buildingand development
committee must also have—(a)a university
qualification in town planning or law; and(b)substantialexperienceininterpretingandapplyingprovisions of a
planning scheme.(6)Ifthematterisaboutdevelopment,adocumentorworkrequiringcomplianceassessment,atleast1 memberofthebuildinganddevelopmentcommitteemustalsohaveauniversityorprofessionalqualificationrelevantforhearingand deciding the
matter.Current as at 28 May 2014Page
17
Sustainable Planning Regulation 2009Part 5
Prescribed matters for Act, chapter 8[s 27]Part
5Prescribed matters for Act,chapter 827Guidelines for priority infrastructure
plans—Act, s 627(1)Theguidelineforpreparingpriorityinfrastructureplansiscontainedinthedocumentcalled‘Statutoryguideline01/11—Priority infrastructure plans’, dated
7 November 2011and published by the department.(2)The guideline for making or amending
priority infrastructureplans is contained in the document
called ‘Statutory guideline01/14Makingandamendinglocalplanninginstruments’,dated 17 April
2014 and published by the department.28Local
governments that must review priorityinfrastructure
plans—Act, s 628Thelocalgovernmentsmentionedinschedule22areprescribed for section 628(1) of the
Act.30Trunk 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)amaterialchangeofuseofpremisesthatisassessable development or development
requiringcompliance assessment under a planning
scheme,temporary local planninginstrument,
master planor preliminary approval to which section 242
of theAct applies; or(iii)carryingoutbuildingworkthatisassessabledevelopment or
development requiring complianceassessment;
and(b)the charges are the amounts calculated
under schedule23.Page 18Current as at 28
May 2014
Sustainable Planning Regulation 2009Part
6 Prescribed matters for environmental impact statements[s
31](2)For calculating an amount under
schedule 23, a charge unit isthe amount
decided by the relevant local government that isapplying schedule 23.(3)However, a charge unit must not be more than
$2000.(4)A charge under subsection (1) applies
only for developmentthat could reasonably be expected to
create or add to demandon the infrastructure network for
which the charge is taken.(5)If in relation
to infrastructure for which a charge is levied aprevious regulated infrastructure charge,
infrastructure chargeorcontributionhasbeenmade,thechargeleviedmustbereduced by an amount that fairly represents
the current valueof the amount previously paid.Part
6Prescribed matters forenvironmental
impactstatements31Definitions for pt 6In this
part—CommonwealthMinistermeanstheMinisteroftheCommonwealthresponsibleforadministeringtheCommonwealth Environment Act.designatedproponent,fordevelopment,meansthepersondesignatedasaproponentforthedevelopmentundertheCommonwealth Environment Act, section
75(3).relevantimpactshasthemeaninggivenbytheCommonwealth Environment Act, section
82.32Development for which EIS process
applies—Act, s 688(1)Development is prescribed for section
688 of the Act if—Current as at 28 May 2014Page
19
Sustainable Planning Regulation 2009Part 6
Prescribed matters for environmental impact statements[s
33](a)theCommonwealthMinisterhas,undertheCommonwealth Environment Act—(i)decidedtheapproachforassessingtherelevantimpactsofthedevelopmentisassessmentbyanaccredited assessment process;
and(ii)given notice of
the decision; orNote—SeetheCommonwealthEnvironmentAct,chapter4,part8,division 3
(Decision on assessment approach).(b)therelevantimpactsofthedevelopmentaretobeassessed under a
bilateral agreement.(2)However, the
development must be development for which thechief executive
decides an EIS is required.(3)Any
steps or actions taken in the EIS process before the actionmentionedinsubsection(1)(a)happensaretakentohavecomplied with
this part.(4)In this section—bilateralagreementseetheCommonwealthEnvironmentAct, section
45(2).33Criteria for making decision about
requirement for EISIn making a decision under section 32(2),
the chief executivemust consider—(a)the
importance of the development to the State or part ofthe
State; and(b)the complexity of the development
including—(i)the size or nature of the development;
and(ii)thenumberofentitiesorlocalgovernmentareaspotentially affected by the development;
and(c)thesignificanceofthepotentialenvironmental,economic and
social impacts of the development.Page 20Current as at 28 May 2014
Sustainable Planning Regulation 2009Part
6 Prescribed matters for environmental impact statements[s
34]34Criteria for public notification of
draft terms of referencefor EIS—Act, s 691Forsection691(1)(b)oftheAct,thecriteriaforpublicnotification of
draft terms of reference for an EIS are—(a)thecomplexityofthemattersmentionedintheapplication for
terms of reference for the EIS; and(b)thelikelylevelofpublic interest in the draft terms
ofreference.35Content of draft terms of reference for EIS
and draftEIS—Act, ss 691 and 694(1)For
sections 691(3)(f) and 694(1)(a)(v) of the Act, each of thefollowing matters must be stated in a
notice—(a)the development’s name;(b)the proponent’s name;(c)iftheproponentanddesignatedproponentforthedevelopmentarenotthesameentity—thedesignatedproponent’s
name;(d)the development’s location;(e)anymattermentionedintheCommonwealthEnvironmentAct,section34,andprotectedbyacontrolling provision for the
development.(2)In this section—controlling
provision, for development, means a provision
oftheCommonwealthEnvironmentAct,chapter2,part3,decidedbytheCommonwealthMinisterasacontrollingprovision for
the development under chapter 4, part 7, division2 of
that Act.36Public notification of draft terms of
reference for EIS anddraft EIS—Act, ss 691 and 694For
sections 691(4) and 694(2) of the Act, a notice must bepublished—Current as at 28
May 2014Page 21
Sustainable Planning Regulation 2009Part 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.37Matters for inclusion in draft
EIS—Act, s 693For section 693(2) of the Act, the draft EIS
must include themattersmentionedintheEnvironmentProtectionandBiodiversityConservationRegulations2000(Cwlth),schedule
4.38Content of EIS assessment report—Act,
s 699(1)For section 699(e) of the Act, an EIS
assessment report aboutan EIS for development must contain
each of the following—(a)the
development’s name;(b)thenameofthedesignatedproponentforthedevelopment;(c)the
development’s location;(d)a description of
any matters of national environmentalsignificance;(e)a
summary of the relevant impacts of the development;(f)adescriptionoffeasiblemitigationmeasures,orchanges to the development or
procedures, to prevent orminimise the development’s relevant
impacts, proposedby the proponent or suggested in relevant
submissions;(g)totheextentpracticable,adescriptionoffeasiblealternativestothedevelopmentidentifiedintheEISprocess,andthelikelyimpactofthealternativesonmatters of national environmental
significance;(h)astatementofconditionsofapprovalforthedevelopment that may be imposed to
address impacts,identifiedintheEISprocess,onmattersofnationalenvironmental
significance.(2)In this section—Page 22Current as at 28 May 2014
Sustainable Planning Regulation 2009Part
7 Miscellaneous provisions[s 39]mattersofnationalenvironmentalsignificancemeansmatters of national environmental
significance mentioned intheCommonwealthEnvironmentAct,chapter2,part3,division 1.relevantsubmissionsmeansproperlymadesubmissions,orothersubmissionsacceptedbythechiefexecutiveundersection 695 of the Act.39To
whom EIS and other material must be given—Act,s 700For
section 700(d) of the Act, the entity is the CommonwealthMinister.Part 7Miscellaneous provisions40When
structure plan arrangements apply to premises(1)Forthisregulation,structureplanarrangementsapplytopremises if—(a)the
premises is completely or partly in a declared masterplanned area; and(b)a
structure plan is in effect for the area; and(c)an
entity that would have been a referral agency or theassessmentmanagerforadevelopmentapplicationrelatingtothepremisesisstatedasacoordinatingagency or a
participating agency in the master plannedarea declaration
or structure plan for the area.(2)In
this section—amendingActmeanstheSustainablePlanningandOtherLegislation
Amendment Act (No. 2) 2012.Current as at 28
May 2014Page 23
Sustainable Planning Regulation 2009Part 7
Miscellaneous provisions[s 40A]coordinating
agencymeans a coordinating agency as
definedundertheActasinforcebeforetheenactmentoftheamending Act.declaredmasterplannedareameansadeclaredmasterplanned area continued in existence under
chapter 10, part 6of the Act.master planned
area declarationmeans a declaration madeunder section
133 of the Act, as in force before the enactmentoftheamendingAct,thatidentifiedanareaasadeclaredmaster planned
area.participating agencymeans a
participating agency as definedundertheActasinforcebeforetheenactmentoftheamending Act.structure
plan, for a declared master planned area, means
thestructureplanfortheareacontinuedinexistenceunderchapter 10, part 6 of the Act.40APrescribed information and documents
for developmentapplications—Act, s 736For section
736(2)(a) of the Act—(a)theprescribedinformationismentionedinschedule25A, part 1;
and(b)theprescribeddocumentsarementionedinschedule25A, part
2.41Prescribed activities for particular
definitions under Act,sch 3(1)Each
of subsections (2) to (5) prescribes an environmentallyrelevant activity, or an aspect of an
environmentally relevantactivity, for the definition under the
Act, schedule 3, stated inthe subsection.(2)ForthedefinitioncrudeoilorpetroleumproductstorageERA, the environmentally relevant
activity is chemical storagePage 24Current as at 28 May 2014
Sustainable Planning Regulation 2009Part
8 Repeal provision[s 41A]undertheEnvironmentalProtectionRegulation2008,schedule 2, section 8(1)(c).(3)For the definitiondredging
ERA, the environmentally relevantactivityisextractiveandscreeningactivitiesundertheEnvironmentalProtectionRegulation2008,schedule2,section 16(1)(a).(4)ForthedefinitionextractionERA,theenvironmentallyrelevantactivityisextractiveandscreeningactivitiesundertheEnvironmentalProtectionRegulation2008,schedule2,section 16(1)(b) or (c).(5)ForthedefinitionscreeningERA,theenvironmentallyrelevantactivityisextractiveandscreeningactivitiesundertheEnvironmentalProtectionRegulation2008,schedule2,section 16(1)(d).41AReferences to maintenance coversFor
this regulation, a reference to a sewer, stormwater drain orwater main includes a maintenance cover for
the sewer, watermain or stormwater drain.Part
8Repeal provision42RepealTheIntegratedPlanningRegulation1998,SLNo.57isrepealed.Current as at 28
May 2014Page 25
Sustainable Planning Regulation 2009Part 9
Transitional provisions[s 43]Part 9Transitional provisionsDivision 1Transitional provision for Buildingand
Other Legislation AmendmentRegulation (No.
4) 201143Applications for building development
approval tocontinue under pre-amended regulation(1)Thissectionappliesif,beforethecommencement,anapplication for a building development
approval was made butnot decided.(2)Thepre-amendedregulationcontinuestoapplytotheapplication.(3)In
this section—commencementmeans the
commencement of this section.pre-amendedregulationmeansthisregulationasinforceimmediately
before the commencement.Editor’s Note—Sections 10 and 11 of theBuilding and Other Legislation
AmendmentRegulation (No. 3) 2013SL No. 257 insert
pt 9 div 1 hdg and div 2 (s44) on commencement of those
provisions.Division 2Transitional
provision for Buildingand Other Legislation AmendmentRegulation (No. 3) 201344Development applications involving child
care centresSchedule 7, table 1, item 10, as in force
immediately beforethecommencementofthissection,continuestoapplytodevelopmentapplicationsmentionedinthatitemthatweremade
before the commencement.Page 26Current as at 28
May 2014
Division 3Sustainable
Planning Regulation 2009Part 9 Transitional provisions[s
45]Transitional Provision forSustainable Planning AmendmentRegulation (No. 7) 201345Clearing of particular vegetation not
assessabledevelopment(1)This
section applies if a development approval for a materialchangeofuseorreconfiguringalotisgivenforadevelopment
application—(a)made after 4 October 2004 and before 1
July 2013 forwhich the chief executive administering the
VegetationManagement Act is a concurrence agency for
clearingvegetation; or(b)made
from 1 July 2013 for which the chief executive is aconcurrence agency for clearing
vegetation.(2)Clearingofvegetationundertheapprovalistakentobeclearing under schedule 24, part 1,
section 1(1).Current as at 28 May 2014Page
27
Sustainable Planning Regulation 2009Schedule 1Schedule 1Designated regionssection 4Part
1SEQ regionBrisbaneGold
CoastIpswichLockyer
ValleyLoganMoreton
BayRedlandScenic
RimSomersetSunshine
Coastthe part of the local government area of
Toowoomba RegionalCouncil delineated in black on maps SEQ RP
16 and SEQ RP21 mentioned in schedule 1 of the State
planning regulatoryprovisionsincludedinthedocumentcalled‘SouthEastQueenslandRegionalPlan2009–2031’publishedbythedepartmentEditor’s
note—Maps SEQ RP 16 and SEQ RP 21 are held
by the department and areavailable for inspection by members of
the public at the department’shead
office.Page 28Current as at 28
May 2014
Part
2Sustainable Planning Regulation 2009Schedule 1Far North
Queensland regionCairnsCassowary
CoastTablelandsWujal
WujalYarrabahPart 3North West regionCloncurryFlindersMcKinlayMount IsaRichmondPart
4Central West regionBarcaldineBarcooBlackall TamboBouliaDiamantinaLongreachWintonCurrent as at 28
May 2014Page 29
Sustainable Planning Regulation 2009Schedule 1Part 5South West regionBullooMurwehParooQuilpiePart 6Maranoa—Balonne regionBalonneMaranoaPart 7Wide
Bay Burnett regionBundabergCherbourgFraser CoastGympieNorth BurnettSouth
BurnettPage 30Current as at 28
May 2014
Part
8Sustainable Planning Regulation 2009Schedule 1Mackay, Isaac
and WhitsundayregionIsaacMackayWhitsundayPart 9Central Queensland regionBananaCentral
HighlandsGladstoneRockhamptonWoorabindaPart 10Darling Downs regionBalonneGoondiwindiMaranoaSouthern DownsToowoombaWestern DownsCurrent as at 28
May 2014Page 31
Sustainable Planning Regulation 2009Schedule 1Part 11Cape
York regionAurukunCookHope
ValeKowanyamaLockhart
RiverMapoonNapranumNorthern Peninsula AreaPormpuraawWeipa Town
AuthorityWujal WujalPage 32Current as at 28 May 2014
Schedule 2Sustainable
Planning Regulation 2009Schedule 2Community
infrastructuresection 8Part 1Community infrastructure fortransport1active transport infrastructure2air transport infrastructure3ancillary works and
encroachments4busway transport infrastructure5light rail transport
infrastructure6miscellaneous transport
infrastructure7public marine transport
infrastructure8rail transport infrastructure9roads on State toll road corridor
land10State-controlled roads11transportinfrastructure
mentionedinschedule3oftheAct,definitiondevelopment
infrastructure12wharves,publicjetties,portfacilitiesandnavigationalfacilities13storageandworksdepotsandsimilarfacilities,includingadministrativefacilitiesassociatedwiththeprovisionormaintenanceofthecommunityinfrastructurementionedinthis part14any
other facility for transport not mentioned in this part thatis
intended primarily to accommodate government functionsCurrent as at 28 May 2014Page
33
Sustainable Planning Regulation 2009Schedule 2Part 2Other community infrastructure1aged-care facilities2cemeteries and crematoriums3communication network
facilities4communityandculturalfacilities,includingfacilitieswherean
education and care service under the Education and CareServicesNationalLaw(Queensland)isoperatedoraQECapproved service
under theEducation and Care Services Act2013is operated,
community centres, meeting halls, galleriesand
libraries5correctional facilities6educational facilities7emergency services facilities8facilities for parks and
recreation9hospitals and associated
institutions10oil and gas pipelines11operating works under theElectricity Act 199412sporting facilities13waste management facilities14water cycle management
infrastructure15storageandworksdepotsandsimilarfacilities,includingadministrativefacilitiesassociatedwiththeprovisionormaintenanceofthecommunityinfrastructurementionedinthis part16any
other facility not mentioned in this part that is intendedprimarily to accommodate government
functionsPage 34Current as at 28
May 2014
Schedule 3Part 1Sustainable Planning Regulation 2009Schedule 3Part 1Assessable development,self-assessable
developmentand type of assessmentsection 9Assessable developmentTable 1—Building
workColumn 1Column 2Column 3For the Building
Act1For assessing building work under the
BuildingCode assessmentAct, building
work that is not—(a)self-assessable development under part
2;and(b)declared under
the Building Act to beexempt developmentFor declared fish
habitat area2Building work in a declared fish
habitat area if itCode assessment, ifis not
self-assessable development under part 2the chief
executive isthe assessmentmanagerCurrent as at 28 May 2014Page
35
Sustainable Planning Regulation 2009Schedule 3Part 1Table
2—Material change of use of premisesColumn 1Column 2Column 3For
an environmentally relevant activity1Making a material change of use of premises
forFor a concurrencean
environmentally relevant activity that, underERA that is
devolvedtheEnvironmental Protection Regulation
2008,to a local governmentsection 16, is identified as a concurrence
ERAunder the(therelevant ERA), unless—Environmental(a)an
environmental authority to carry out aconcurrence ERA
has been approved forthe premises; andProtectionRegulation 2008,code
assessment ifthe local government(b)the
relevant ERA and concurrence ERAis the
assessmentmentioned in paragraph (a) are to be
carriedmanagerout under the
environmental authority; andFor all
other(c)under theEnvironmental
ProtectionenvironmentallyRegulation
2008, section 14(1), the relevantrelevant activities,ERA has a lower
aggregate environmentalcode assessment ifscore than the
concurrence ERA mentionedthe chief executive isin
paragraph (a)the assessmentmanagerFor a
brothel2Making a material change of use of
premises forCode assessment, ifa brothelpremises in anindustrial area
or onstrategic port landImpact
assessment, ifpremises in an areaother than
anindustrial area or onstrategic port
landunless a localplanning
instrument,or amendment of alocal
planninginstrument madeafter 1 July
2000,requires codeassessmentPage
36Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 3Part 1Table
2—Material change of use of premisesColumn 1Column 2Column 3On
strategic port land3Making a material change of use of
premises onCode assessmentstrategic port
land that is inconsistent with theland use plan
approved under the TransportInfrastructure
Act, section 286On airport land4Making a material change of use of premises
onCode assessment,airport land that
is inconsistent with the land useunless the land
useplan approved under theAirport
Assetsplan requires impact(Restructuring
and Disposal) Act 2008, chapterassessment3,
part 1Impact assessment, ifthe land use
planrequires impactassessmentFor a
major hazard facility5Making a material
change of use of premises forCode assessment,
ifa major hazard facility or proposed major
hazardthe chief executive isfacilitythe
assessmentmanagerCurrent as at 28
May 2014Page 37
Sustainable Planning Regulation 2009Schedule 3Part 1Table
2—Material change of use of premisesColumn 1Column 2Column 3Contaminated land management6Making a material change of use of a
potentiallyCode assessment, ifaffected premises
unless—the chief executive is(a)all
of the following apply—the assessmentmanager(i)a suitability statement has been
givenfor the premises;(ii)a
site management plan has beenapproved in
relation to the proposeduse;(iii) the
material change of use onlyinvolves—(A)the
fit-out of a building; or(B)minor site
excavation, including,for example, post holes foropen-sided non-habitablestructures;
or(b)the proposed use is industrial and
onlyinvolves minor site excavation,
including,for example, post holes for
open-sidednon-habitable structures7Making a potentially sensitive material
change ofCode assessment, ifuse of premises
if all or part of the premises is—the chief
executive is(a)ulassetdufsoerd,
oforri,fatnheinreduisstnroialexaicsttiivnigtyu(soet,hwerasmtheanaasgseerssmentthan a mining
activity or a chapter 5Aactivity); or(b)in an
area for which an area managementadvice has been
given for naturalmineralisation or industrial activity
(otherthan for a mining activity or a chapter
5Aactivity)Page 38Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 3Part 1Table
2—Material change of use of premisesColumn 1Column 2Column 3For
aquaculture10Making a material change of use of
premises forCode assessment, ifaquaculture if it
is not self-assessablethe chief executive isdevelopment under part 2the
assessmentmanagerFor a wild river
area11Making a material change of use of
premises toCode assessment, ifthe extent the
premises is in a wild river area andthe chief
executive isthe proposed use is for agricultural
activities orthe assessmentanimal husbandry
activities, as defined under themanagerWild
Rivers Act 2005Current as at 28 May 2014Page
39
Sustainable Planning Regulation 2009Schedule 3Part 1Table
3—Reconfiguring a lotColumn 1Column 2Column 3Under theLandTitleAct19941Reconfiguring a lot under theLand
Title ActCode assessment,1994,
unless the reconfiguration requiresunless a
planningcompliance assessment under schedule 18,
thescheme, temporaryreconfiguration
is under a relevant instrument oflocal
planninglease or the plan of subdivision necessary
for theinstrument, masterreconfiguration—plan or
preliminary(a)isdsuoarefsbacuneioldtoisfnutghbedfoilvraminddae;tloparnladnoonf
sourbbdeilvoiwsiothnethatsAiamepccppttriaaoocpvntpaa2llsi4etso2seswrosefmhqtiuehcinhertes(b)is for the amalgamation of 2 or more
lots;or(c)is for the
incorporation, under theBodyCorporate and
Community ManagementAct 1997, section 41, of
a lot with commonproperty for a community titles scheme;
or(d)is for the conversion, under
theBodyCorporate and Community
ManagementAct 1997, section 43, of
lessee commonproperty within the meaning of that Act to
alot in a community titles scheme; or(e)is in relation to the acquisition,
includingby agreement, under the Acquisition Act
orotherwise, of land by—(i)a
constructing authority, as definedunder that Act,
for a purpose set out inparts 1 to 13 (other than part
10,second dot point) of the schedule tothat
Act; or(ii)an authorised electricity entity;
or(f)is for land held by the State, or a
statutorybody representing the State, and the land
isbeing subdivided for a purpose set out
inthe Acquisition Act, schedule, parts 1 to
13(other than part 10, second dot
point)whether or not the land relates to anacquisition; orPage 40Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 3Part 1Table
3—Reconfiguring a lotColumn 1Column 2Column 3(g)is
for reconfiguring a lot comprisingstrategic port
land; or(h)is for reconfiguring a South Bank lot
withinthe corporation area under theSouth
BankCorporation Act 1989; or(i)is for the Transport Infrastructure
Act,section 240; or(j)is in
relation to the acquisition of land for awater
infrastructure facility; or(k)is for land in a
priority development area;or(l)is
for implementing theAboriginal andTorres Strait
Islander Land Holding Act2013Current as at 28
May 2014Page 41
Sustainable Planning Regulation 2009Schedule 3Part 1Table
4—Operational workColumn 1Column 2Column 3For clearing
native vegetation1Operational work that is the clearing
of nativeCode assessment, ifvegetation
on—the chief executive is(a)freehold land; orthe
assessmentmanager(b)indigenous land; or(c)any
of the following under theLand Act1994—(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 planarrangements
apply; or(e)clearing, or for another activity or
matter,mentioned in schedule 24, part 1; or(f)clearing mentioned in schedule 24,
part 2for the particular landPage 42Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 3Part 1Table
4—Operational workColumn 1Column 2Column 3Associated with
reconfiguration2Operational work for reconfiguring a
lot, otherIf the operationalthan a lot in a
priority development area, if thework is
forreconfiguration is also assessable
developmentresidential,commercial
orindustrial purposes ina wild
riverarea—codeassessment,
unless aplanning scheme,temporary
localplanning instrument,master plan
orpreliminary approvalto which section
242of the Act appliesrequires
impactassessmentOtherwise—codeassessmentCurrent as at 28 May 2014Page
43
Sustainable Planning Regulation 2009Schedule 3Part 1Table
4—Operational workColumn 1Column 2Column 3For taking or
interfering with water3Operational work
(other than work carried out inCode assessment,
ifa priority development area or on premises
tothe chief executive iswhich structure
plan arrangements apply) thatthe
assessmentinvolves—manager(a)taking or interfering with water from
awatercourse, lake or spring or from a
damconstructed on a watercourse or lake,unless—(i)the
taking or interfering is permittedunder theWater
Act 2000, chapter 2,part 2, division
1A; or(ii)the work is self-assessabledevelopment under part 2; or(iii)
the work involves the replacement of apump if the
capacity of the new pumpto take water is no greater than
thecapacity of the existing pump; or(iv)the work involves the installation of
apump to take water under a waterentitlement if the water entitlement—(A)ismanagedunderaresourceoperationslicence,aninterimresource
operations licence or adistributionoperationslicencegrantedundertheWaterAct2000; or(B)statestherateatwhichwatermay be taken;
or(v)the interfering is authorised under
awater licence and the work complieswith
the conditions of the licence; or(b)taking, or interfering with, artesian water
asdefined under theWater Act
2000, schedule4, other than
through a monitoring bore; or(c)taking, or interfering with—(i)overland flow water, if the
operationsare mentioned as assessabledevelopment in a wild riverdeclaration; orPage 44Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 3Part 1Table
4—Operational workColumn 1Column 2Column 3(ii)subartesian water—(A)if
the operations are mentionedasassessabledevelopmentinawaterresourceplanorawildriverdeclaration,orprescribedas assessable
development undera regulation under theWater Act2000; and(B)otherthanthroughanexemptbore; or(d)interfering with overland flow water
in anarea declared under theWater Act
2000tobe a drainage and embankment area if
theoperations are declared under that Act to
beassessable development; or(e)interfering with overland flow water
in awild river floodplain management area
ifthe operations are specified works or
statedin the wild river declaration for the area
tobe assessable development; or(f)taking overland flow water, if
theoperations are mentioned as
assessabledevelopment in a water resource plan,
orprescribed as assessable development
undera regulation under theWater Act
2000For particular dams4Operational work that is the construction of
aCode assessment, ifdam or is carried
out in relation to a dam if,the chief
executive isbecause of the work, the dam must be
failurethe assessmentimpact
assessedmanagerCurrent as at 28
May 2014Page 45
Sustainable Planning Regulation 2009Schedule 3Part 1Table
4—Operational workColumn 1Column 2Column 3For tidal works,
or work within a coastal management district5Operational work (other than excluded
work,Code assessment, ifwork
that is self-assessable development underin a local
governmentpart 2, table 4, item 8, work carried out in
atidal area and a localpriority
development area and work carried outgovernment is
theon premises to which structure plan
arrangementsassessment managerapply) that
is—Code assessment, if(a)tidal
works; orin a coastalmanagement
district(b)any of the following carried out
completelyand the chiefor partly within
a coastal managementexecutive is thedistrict—assessment manager(i)interfering with quarry material asdefined under the Coastal Protectionand
Management Act on State coastalland above
high-water mark;(ii)disposing of dredge spoil or
othersolid waste material in tidal water;(iii)
constructing an artificial waterway;(iv)removing or interfering with coastaldunes
on land, other than State coastalland, that is in
an erosion prone area asdefined in the Coastal Protection
andManagement Act and abovehigh-water
markFor constructing or raising waterway barrier
works6Operational work that is the
constructing orCode assessment, ifraising of
waterway barrier works, other thanthe chief
executive isoperational work that is
self-assessablethe assessmentdevelopment under
part 2 or carried out onmanagerpremises to which
structure plan arrangementsapplyFor works in a
declared fish habitat area7Operational work
completely or partly within aCode assessment,
ifdeclared fish habitat area, other than
operationalthe chief executive iswork that is
self-assessable development underthe
assessmentpart 2managerPage
46Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 3Part 1Table
4—Operational workColumn 1Column 2Column 3For removal,
destruction or damage of marine plants8Operational work that is the removal,
destructionCode assessment, ifor damage of a
marine plant, other thanthe chief executive isoperational work that is—the
assessment(a)for reconfiguring a lot that is
assessablemanagerdevelopment under
table 3, item 1, if thereis a development permit in effect for
thereconfiguration; or(b)for a
material change of use that isassessable
development, if there is adevelopment permit in effect for the
changeof 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
structureplan arrangements applyFor a wild river
area9Operational work for agricultural
activities orCode assessment, ifanimal husbandry
activities (as defined under thethe chief
executive isWild Rivers Act 2005) in a wild river
area if thethe assessmentoperational work
is declared to be assessablemanagerdevelopment under the wild river declaration
forthe areaCurrent as at 28
May 2014Page 47
Sustainable Planning Regulation 2009Schedule 3Part 1Table
4—Operational workColumn 1Column 2Column 3For a wetland
protection area10Operational work that is high impact
earthworksCode assessment, ifin a wetland
protection area, other thanthe chief executive isoperational work—the
assessment(a)for a domestic housing activity;
ormanager(b)that
is the natural and ordinaryconsequence of development
involving—(i)a material change of use for which
thechief executive or the chief
executive(environment) was a concurrenceagency under schedule 7, table 3,
item21A; or(ii)reconfiguring a lot for which the
chiefexecutive or the chief executive(environment) was a concurrenceagency under schedule 7, table 2,
item43A; or(c)associated with government supportedtransport infrastructure or
electricityinfrastructureFor construction
of new levees or modification of existing levees11Operational work that is—Code
assessment(a)construction of a new category 2
levee; or(b)modification of an existing levee if,
afterthe modification, the levee will fulfil
therequirements for a category 2 levee12Operational work that is—Impact assessment(a)construction of a new category 3 levee;
or(b)modification of an existing levee if,
afterthe modification, the levee will fulfil
therequirements for a category 3 leveePage
48Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 3Part 1Table
5—Various aspects of developmentColumn 1Column 2Column 3For
removal of quarry material1All aspects of
development for removing quarryCode assessment,
ifmaterial from a watercourse or lake if
anthe chief executive isallocation notice
is required under theWater Actthe
assessment2000for the removal, other than
developmentmanagerthat is—(a)in a priority development area;
or(b)carried out on premises to which
structureplan arrangements applyDevelopment on
Queensland heritage place2All aspects of
development on a QueenslandCode assessment, ifheritage place, other than
development—the chief executive is(a)fthoer wQhuiecehnsalnanedxeHmeprtiitaognecAercttif1ic9a9t2ehuansdbeerenmtheanaasgseerssmentissued; or(b)that, under section 78 of that Act,
isliturgical development; or(c)carried out by the State; or(d)in a priority development areaDevelopment on local heritage place3All aspects of development on a local
heritageCode assessment,place, other
than—unless a planning(a)development that is self-assessabledevelopment under part 2, table 1, item
1;orscheme, temporarylocal
planninginstrument, masterplan or
preliminary(b)development to which chapter 9, part 5
ofapproval to whichthe Act applies;
orsection 242 of the(c)development carried out by the State
ondesignated land; orAct applies
requiresimpact assessment(d)development mentioned in schedule 4Current as at 28 May 2014Page
49
Sustainable Planning Regulation 2009Schedule 3Part 2Table
5—Various aspects of developmentColumn 1Column 2Column 3Development on strategic port land6All aspects of development on
strategic port land,Code assessmentother than
development mentioned in table 2,item 3, if the
land use plan for the strategic portland approved
under the Transport InfrastructureAct, section 286,
states the development isassessable developmentDevelopment on airport land7All aspects of development on airport
land, otherCode assessment,than development
mentioned in table 2, item 4, ifunless the land
usethe land use plan for the airport port
landplan requires impactapproved under
theAirport Assets (RestructuringassessmentathneddDeviseploopsaml)enAtcits2a0s0s8es,scahbalpetderev3e,lpoaprmt1e,nsttatestIhmeplaacntdasusseesspmlaennt,ifrequires impactassessmentPart
2Self-assessable developmentTable
1—Building workBy the State, a public sector entity or a
local government1Building work carried out by or on
behalf of the State, a public sector entity ora local
government, other than building work declared under the Building
Actto be exempt developmentFor theBuildingAct19752For assessing
building work against the Building Act, building work
declaredunder that Act to be self-assessable
developmentPage 50Current as at 28
May 2014
Sustainable Planning Regulation 2009Schedule 3Part 2Table
1—Building workFor declared fish habitat area3For assessing building work against
the Fisheries Act, building work in adeclared fish
habitat area if the work is reasonably necessary for—(a)the maintenance of existing
structures, including, for example, thefollowing
structures, if the structures were constructed in compliancewith
all the requirements, under any Act, relating to a structure of
thattype—(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 habitatarea; 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 therequirements, under any Act, relating to a
structure of that typeCurrent as at 28 May 2014Page
51
Sustainable Planning Regulation 2009Schedule 3Part 2Table
2—Material change of use of premisesFor
aquaculture1For 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 ofuse
of premises does not cause the discharge of waste into Queensland
watersand the aquaculture—(a)is—(i)of indigenous
freshwater fish species mentioned in theFisheriesRegulation 2008, schedule 10C;
and(ii)in a catchment listed in that schedule
for that species for aquariumdisplay or human
consumption only; and(iii) carried out in ponds, or using
above-ground tanks, that have a totalwater surface
area of no more than 5ha; or(b)is of
indigenous freshwater fish for aquarium display or humanconsumption only, or non-indigenous
freshwater fish for aquariumdisplay only, and
is carried out using only above-ground tanks thathave—(i)a
floor area, excluding water storage area, of no more than
50m2;and(ii)a roof impervious to rainwater;
or(c)is of indigenous marine fish for
aquarium display only and is carried outusing only
above-ground tanks that have a total floor area, excludingwater
storage areas, of no more than 50m2Table
3—Reconfiguring a lot1Table not
usedPage 52Current as at 28
May 2014
Sustainable Planning Regulation 2009Schedule 3Part 2Table
4—Operational workFor taking or interfering with water1For assessing operational work against
theWater Act 2000, operational
work(other than work carried out in a priority
development area or on premises towhich structure
plan arrangements apply) that involves—(a)taking or interfering with water in a
watercourse, lake or spring if theoperations are
mentioned as self-assessable development in a waterresource plan or a wild river declaration,
unless—(i)the taking or interfering is permitted
under theWater Act 2000,chapter 2, part 2, division 1A; or(ii)the work involves the replacement of a
pump if the capacity of thenew pump to take water is no greater
than the capacity of theexisting pump; or(iii) the work
involves the installation of a pump to take water under awater
entitlement if the water entitlement—(A)is
managed under a resource operations licence, an interimresource operations licence or a
distribution operations licencegranted under
theWater 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 workcomplies with the conditions of the
licence; or(b)taking or interfering with—(i)overland flow water, if the operations
are mentioned asself-assessable development in a wild river
declaration; or(ii)subartesian water—(A)if
the operations are mentioned as self-assessable developmentin 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 theWaterAct
2000to be a drainage and embankment area if the
operations aredeclared under that Act to be
self-assessable development; or(d)interfering with overland flow water in a
wild river floodplainmanagement area if the operations are
declared under the wild riverdeclaration for
the area to be self-assessable development; or(e)taking overland flow water, if the
operations are mentioned asself-assessable development in a water
resource plan, or prescribed asself-assessable
development under a regulation under theWater Act
2000Current as at 28 May 2014Page
53
Sustainable Planning Regulation 2009Schedule 3Part 2Table
4—Operational workFor waterway barrier works2For assessing operational work against
the Fisheries Act, operational work forconstructing or
raising waterway barrier works (other than work carried out
ina wild river area or on premises to which
structure plan arrangements apply), ifthe waterway
barrier works are—(a)temporary; or(b)minor; or(c)rebuilt on a regular basis2AFor assessing operational work against
the Fisheries Act, operational work in awild river area
that is the construction or raising of waterway barrier works,
ifthe waterway barrier works are—(a)temporary; and(b)necessary for the maintenance of—(i)existing specified works; or(ii)existing waterway barrier worksFor
works in a declared fish habitat area3For
assessing operational work against the Fisheries Act, operational
workcompletely or partly within a declared fish
habitat area if the works arereasonably
necessary for—(a)the maintenance of existing
structures, including, for example, thefollowing
structures, if the structures were constructed in compliancewith
all the requirements, under any Act, relating to a structure of
thattype—(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 therequirements, under any Act, relating to a
structure of that type; or(e)public benefit
works, including, for example, the construction of runnelsfor
mosquito control, the removal of Lyngbya and seed collection for
siterehabilitation, if the impact on the area is
minorPage 54Current as at 28
May 2014
Sustainable Planning Regulation 2009Schedule 3Part 2Table
4—Operational workFor the removal, destruction or damage of
marine plants4For assessing operational work against
the Fisheries Act, operational work(other than work
on premises to which structure plan arrangements apply) thatis
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
wildriver 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 wereconstructed 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 formonitoring 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 tonavigation, 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 therequirements, under any Act, relating
to a structure of that type; or(e)is
reasonably necessary for the construction of runnels for
mosquitocontrol, removal of Lyngbya, seed collection
for site rehabilitation or thecollection of
marine plants for fishing bait or handicraftFor local
government roads5For assessing road works on a local
government road, other than in a prioritydevelopment area,
under theTransport Planning and Coordination Act
1994,section 8C, operational works that are
road works on a local government roadFor wetland
protection areas6Operational work that is high impact
earth works carried out for governmentsupported
transport infrastructure in a wetland protection area7Operational work that is high impact
earth works carried out for electricityinfrastructure in
a wetland protection areaCurrent as at 28 May 2014Page
55
Sustainable Planning Regulation 2009Schedule 3Part 2Table
4—Operational workFor tidal works, or works within a coastal
management district8Operational 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 CoastWaterways Authority under theGold
Coast Waterways Authority Act2012, or
undertaken by or on behalf of the department administering
theTransport Infrastructure Act or theTransport Planning and CoordinationAct
1994; and(b)the
work is mentioned in a code for the self-assessable operational
workdeclared under theCoastal
Protection and Management Regulation 2003to be a code for
IDASFor construction of new levees or
modification of existing levees9Operational work that is—(a)construction of a new category 1
levee; or(b)modification of an existing levee if,
after the modification, the levee willfulfil the
requirements for a category 1 leveePage 56Current as at 28 May 2014
Schedule 4Sustainable
Planning Regulation 2009Schedule 4Development that
can not bedeclared to be development ofa
particular type—Act, section232(2)section 10Table 1—Building
work1Table not usedTable 2—Material
change of use of premisesFor a class 1 or 2 building1Making a material change of use of
premises for a class 1 or 2 buildingunder the BCA,
part A3 if the use is for providing support services andshort-term accommodation for persons
escaping domestic violenceCurrent as at 28 May 2014Page
57
Sustainable Planning Regulation 2009Schedule 4Table 2—Material
change of use of premisesFor particular class 1 building or
class 10 building or structure2Making 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 aclass
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) buildingcomprising not more than 2 attached
dwellings—the material changeof use involves
the repair, renovation, alteration or addition to thebuilding; and(c)for a
class 1(a) building not mentioned in paragraph (b)—there is
noexisting dwelling house on the premises;
and(d)the development is not self-assessable
development under a planningscheme, temporary
local planning instrument, master plan or apreliminary
approval to which section 242 of the Act applies; and(e)either—(i)no
overlay, as identified in the planning scheme and relevant
toassessment of the material change of use,
applies to thepremises for the material change of use;
or(ii)only an overlay about bush fire
hazards applies to the premisesand the premises
are less than 2000m2; and(f)for a
class 1(a)(ii) building comprising not more than 2 attacheddwellings—the local government for the
planning scheme area has,by resolution, decided to apply this
item to that class of buildingTable
3—Reconfiguring a lotOther than a lot within the meaning of
theLandTitleAct19941Reconfiguring a lot other than a lot within
the meaning of theLand TitleAct 1994Page
58Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 4Table
3—Reconfiguring a lotUnder theLandTitleAct19942Reconfiguring a
lot under theLand Title Act 1994, if the
reconfiguration isunder a relevant instrument of lease or the
plan of subdivision necessaryfor the
reconfiguration—(a)is a building format plan of
subdivision that does not subdivide landon 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 theBody Corporate
and CommunityManagement Act 1997, section 41, of
a lot with common property fora community
titles scheme; or(d)is for the conversion, under
theBody Corporate and CommunityManagement Act 1997, section 43, of
lessee common propertywithin 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 theAcquisition Act
or otherwise, of land by—(i)a constructing
authority, as defined under that Act, for a purposeset
out in parts 1 to 13 (other than part 10, second dot point)
ofthe schedule to that Act; or(ii)an authorised electricity entity;
or(f)is for land held by the State, or a
statutory body representing theState, and the
land is being subdivided for a purpose set out in theAcquisition Act, schedule, parts 1 to 13
(other than part 10, seconddot 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 infrastructurefacility;
or(j)is for implementing theAboriginal and Torres Strait Islander
LandHolding Act 2013Table
4—Operational workBy or on behalf of a public sector
entity1Operational work or plumbing or
drainage work (including maintenanceand repair work)
if the work is carried out by or on behalf of a public
sectorentity authorised under a State law to carry
out the workCurrent as at 28 May 2014Page
59
Sustainable Planning Regulation 2009Schedule 4Table
4—Operational workFor ancillary works and encroachments2Operational work that is ancillary
works and encroachments that are—(a)carried out in compliance with requirements
specified by gazettenotice by the chief executive administering
the TransportInfrastructure Act; or(b)done
as required by a contract entered into under the TransportInfrastructure Act, section 50, with the
chief executive administeringthat ActFor
substitute railway crossing3Operational work
for the construction of a substitute railway crossing by arailway manager in response to an emergency
under the TransportInfrastructure Act, section 169Performed by railway manager4Operational work performed by a
railway manager, within the meaning ofthe Transport
Infrastructure Act, under section 260 of that ActUnder
a rail feasibility investigator’s authority5Operational work carried out under a rail
feasibility investigator’s authoritygranted under the
Transport Infrastructure ActUnder the Coastal
Protection and Management Act6Operational work that is the digging or
boring into land by an authorisedperson under the
Coastal Protection and Management Act, section 1347Operational work for an aid to
navigation or sign for maritime navigationFor subscriber
connections8Operational work for a subscriber
connectionPage 60Current as at 28
May 2014
Sustainable Planning Regulation 2009Schedule 4Table
4—Operational workFor agriculture9Operational work associated with—(a)management practices for the conduct
of an agricultural use, otherthan—(i)the clearing of native vegetation;
or(ii)operations of any kind and all things
constructed or installed fortaking or
interfering with water (other than using a water truckto
pump water) if the operations are for taking or interferingwith
water under theWater Act 2000; or(b)weed or pest control, unless it
involves the clearing of nativevegetation;
or(c)the use of fire under theFire
and Emergency Services Act 1990; or(d)the conservation or restoration of
natural areas; or(e)the use of premises for forest
practicesFor removing quarry material10Operational work for removing quarry
material from a State forest, timberreserve, forest
entitlement area or Crown land as defined under theForestryAct 1959For
the removal, destruction or damage of marine plants11Operational work that is the removal,
destruction or damage of a marineplantCurrent as at 28 May 2014Page
61
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of developmentMining and petroleum activities1Development for an activity authorised
under—(a)theMineral Resources
Act 1989, including an activity for the
purposeof 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 AgreementAct 1957•Mount
Isa Mines Limited Agreement Act 1985•Queensland Nickel Agreement Act 1970•Thiess Peabody Coal Pty. Ltd.
Agreement Act 1962; or(b)thePetroleum Act 1923or thePetroleum and Gas (Production andSafety) Act 2004(other than an
activity relating to the constructionand operation of
an oil refinery); or(c)thePetroleum
(Submerged Lands) Act 1982; or(d)theOffshore Minerals Act 19982All aspects of development for a
mining activity to which an environmentalauthority under
the Environmental Protection Act applies3All
aspects of development for petroleum activitiesGeothermal
exploration4Any aspect of development for
geothermal exploration carried out under ageothermal
exploration permit under theGeothermal Energy
Act 2010GHG storage activities5Any
aspect of development for a GHG storage activity carried out under
aGHG authority under theGreenhouse Gas
Storage Act 2009Directed under a notice, order or direction
under a State law6All aspects of development a person is
directed to carry out under a notice,order or
direction made under a State lawPage 62Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of developmentCommunity infrastructure
activities7All aspects of development—(a)for the maintenance, repair,
augmentation, upgrading, duplication orwidening 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 orwidening of the
road, such as excavating, crushing, screening,cutting, filling,
preparing road construction material (includingconcrete),
storing materials, removing vegetation, dam building, siteoffices and worker accommodation8All 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
infrastructure9All aspects of development for a
supply network for electricity, as definedunder theElectricity Act 1994, or for private
electricity works that form anextension of or
provide service connections to properties from the network,if
the network operates at standard voltages up to and including 66kV,
otherthan 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 theinput or output
standard voltage is significantly increased10All
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 toKedron) Project Change Report’ of May 2008;
and(b)the toll road project known as Airport
Link described in theCoordinator-General’s report for the
EIS, and change report, for theproject under
theState Development and Public Works
OrganisationAct 1971Editor’s
note—The documents mentioned in this item
are held by, and are available forinspection on
the website of, City North Infrastructure Pty Ltd ACN 123
249874.Current as at 28
May 2014Page 63
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of development10AAll aspects of
development carried out before 1 July 2015 for theconstruction of the light rail project known
as the Gold Coast Rapid Transitproject, to
provide light rail transport infrastructure along the route
shownon the map included in the document called
‘Gold Coast rapid transitinteractive map features’ dated 10
March 2011Editor’s note—The
document called ‘Gold Coast rapid transit interactive map features’
dated10 March 2011 is available at
<www.goldcoastrapidtransit.qld.gov.au>.10BAll
aspects of development for the construction of the rail project
known asMoreton Bay Rail Link described in the
document called ‘Moreton BayRail Link, Figure
01, Rev A’Editor’s note—The
document called ‘Moreton Bay Rail Link, Figure 01, Rev A’ is
availablefor inspection at the offices of the
Department of Transport and Main Roadsduring business
hours and on the department’s website at<www.tmr.qld.gov.au>.10CAll aspects of development for the
construction of the underground buswayand railway
infrastructure project known as BaT to provide busway and
railtransport infrastructure along the route
shown on the map called ‘DraftReference Design
for Consultation Purposes’ dated March 2014Editor’s
note—The map is available for inspection at
the offices of the Department ofTransport and
Main Roads during business hours and on the department’swebsite at
<www.tmr.qld.gov.au>.Page 64Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of development11(1)All
aspects of development for an educational facility or
communityand cultural facility funded under the
relevant program, if all of thefollowing apply
in relation to the development—(a)at
least 50% of the total funding for the development is
providedunder the relevant program;(b)at least 10 business days before the
development is started, anentity representing the school at
which the development is to becarried out gives
the local government for the area in which theschool is located
written notice of the proposed development;(c)the
height of any building or covered outdoor area for thefacility is not more than the higher
of—(i)the height of the tallest building on
the existing schoolcampus on which the facility is located;
or(ii)15m above ground level;(d)for development on land that shares a
boundary with residentialland—(i)any
single storey classroom or library is located at least 3mfrom
the boundary; and(ii)any multistorey classroom or library
is located at least 6mfrom the boundary; and(iii)
any multipurpose hall or covered outdoor area is located atleast
10m from the boundary; and(iv) any trade training centre is
located at least 20m from theboundary;(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 isto be located is less than 6m from a
road frontage—at leastthe same distance from the road
frontage as the buildingclosest to it;(f)for a
facility that involves the installation of external
floodlights,the installation of the floodlights complies
with each of thefollowing—(i)AS
4282 ‘Control of the Obtrusive Effects of OutdoorLighting’;(ii)AS
2560.1-2002 ‘Sports Lighting—General Principles’;(g)for a facility that includes a
classroom, library, multipurpose hallor trade training
centre, the facility is completely within anexisting school
campus;Current as at 28 May 2014Page
65
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of development(ga) for a facility that is a trade
training centre, the facility isdesigned and
constructed using appropriate measures to ensurenoise
associated with the use of the facility does not exceed5db(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, buildingorientation, noise barriers(h)the development does not involve the
construction or extensionof any vehicular access to the
premises, other than a vehicularaccess for
persons with a disability, emergency service vehiclesor
other service vehicles;(i)the development
does not reduce the number of dedicatedvehicle parking
spaces on the land on which the facility islocated.(2)However, development to which
subsection (1) would otherwiseapply is not
prescribed for section 232(2) of the Act to the extent thedevelopment—(a)is in
a coastal management district; or(b)is in
an area for which an area management advice has beengiven
for unexploded ordnance; or(c)for development
at a non-State school—(i)is in an area to
which the SEQ koala State planningregulatory
provisions apply; or(ii)involves the clearing of native
vegetation—(A)in a category A area or category B
area shown on aPMAV; or(B)if
there is no PMAV for the lot on which thedevelopment is
carried out—shown on the regionalecosystem map or
remnant map as remnant vegetation.Page 66Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of development(3)Also, development
to which subsection (1) would otherwise apply isnot
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 areathat
on or before 24 April 2009 was a local heritage place,or a
place identified under the local government’s planningscheme as a place of cultural heritage
significance;(ii)the development interferes with
vegetation identified underthe local government’s planning scheme
on or before 24April 2009 as vegetation that is
protected;(iii) the land on which the development is
to be carried out isidentified under the local government’s
planning scheme asaffected or potentially affected by
subsidence caused byunderground mining; and(b)within 10 business days after receiving
notice of thedevelopment under subsection (1)(b), the
local governmentadvises the school by written notice that
the local governmentdoes not agree to the exemption.12All aspects of development, for an
educational facility or community andcultural
facility, that is—(a)completely or partly funded under the
relevant program; and(b)described in the
document called ‘Exempt development for particulareducational or community and cultural
facilities’ published by thedepartment and
dated 22 November 2010; and(c)carried out at
the school stated for the development in the documentmentioned in paragraph (b)Editor’s note—The
document called ‘Exempt development for particular educational
orcommunity and cultural facilities’ dated 22
November 2010 is available forinspection at
the department’s offices during business hours and on thedepartment’s website at
<www.dsdip.qld.gov.au>.12A(1)All aspects of development for an
educational facility funded underthe relevant
program, if all of the following apply in relation to thedevelopment—(a)50%
or more of the gross floor area of all buildings of thedevelopment is under the relevant
program;(b)at least 10 business days before the
development is started, anentity representing the school at
which the development is to becarried out gives
the local government for the area in which theschool is located
written notice of the proposed development;Current as at 28
May 2014Page 67
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of development(c)the height of any
building or covered outdoor area for thefacility is not
more than the higher of—(i)the height of the
tallest building on the existing schoolcampus on which
the facility is located; or(ii)15m above ground
level;(d)for development on land that shares a
boundary with residentialland—(i)if
any existing building on the land on which the facility isto be
located is less than 6m from the boundary—any newbuilding is at least the same distance from
the boundary asthe building closest to it; or(ii)otherwise—(A)any
single storey building for the facility is located atleast
3m from the boundary; and(B)any multistorey
building for the facility is located atleast 6m from the
boundary;(e)all buildings for the facility are
located—(i)if any existing building on the land
on which the facility isto be located is less than 6m from a
road frontage—at leastthe same distance from the road
frontage as the buildingclosest 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 thefollowing—(i)AS 4282-1997 ‘Control of the obtrusive
effects of outdoorlighting’;(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 extensionof any vehicular
access to the premises, other than a vehicularaccess for
persons with a disability, emergency service vehiclesor
other service vehicles;Page 68Current as at 28
May 2014
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of development(i)the development
does not reduce the number of dedicatedvehicle parking
spaces on the land on which the facility islocated.(2)However, development to which
subsection (1) would otherwiseapply is not
prescribed for section 232(2) of the Act to the extent thedevelopment—(a)is in
a coastal management district; or(b)is in
an area for which an area management advice has beengiven
for unexploded ordnance; or(c)for development
at a non-State school—(i)if the
development is located outside an existingdevelopment
footprint under the SEQ Koala ConservationState Planning
Regulatory Provisions (theSPRP)—is in anassessable development area or identified
koalabroad-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 aPMAV; or(B)if
there is no PMAV for the lot on which thedevelopment is
carried out—shown on the regionalecosystem map or
remnant map as remnant vegetation.(3)Also,
development to which subsection (1) would otherwise apply isnot
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 areathat on or before 9 June 2011 was a local
heritage place, ora place identified under the local
government’s planningscheme as a place of cultural heritage
significance;(ii)the development interferes with
vegetation identified underthe local government’s planning scheme
on or before 9 June2011 as vegetation that is protected;(iii)
the land on which the development is to be carried out isidentified under the local government’s
planning scheme asaffected or potentially affected by
subsidence caused byunderground mining; andCurrent as at 28
May 2014Page 69
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of development(b)within 10
business days after receiving notice of thedevelopment under
subsection (1)(b), the local governmentadvises the
school by written notice that—(i)a
matter mentioned in paragraph (a) applies to thedevelopment; and(ii)the
local government is satisfied that the developmentmay—(A)affect the local
heritage place, place of cultural heritagesignificance or
protected vegetation; or(B)be affected by
subsidence.South Bank13Development within the meaning of theSouth
Bank Corporation Act 1989,but only until
the development completion date under that ActPriority
development areas14All aspects of development for a
priority development areaFor G20 radiocommunications
works15All aspects of development carried out
on or before 30 June 2015 for theconstruction,
installation, use, maintenance, repair, alteration,decommissioning, demolition or removal of
G20 radiocommunicationsworksPage 70Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 4Table 5—All
aspects of developmentBoot camp centres17All
aspects of development for a boot camp centre, if all of the
followingapply in relation to the development—(a)at least 10 business days before the
development is started, theboot camp centre provider gives the
local government for thearea in which the boot camp centre is
located written notice ofthe 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 OutdoorLighting’;(ii)AS
2560.1-2002 ‘Sports Lighting—General Principles’;(c)the development does not involve the
construction or extensionof any vehicular access to the
premises, other than a vehicularaccess for the
following—(i)persons with a disability;(ii)emergency service and other service
vehicles;(iii) vehicles used for transporting
children who are participatingin a boot camp
program or persons involved in theoperation of a
boot camp centre;(d)the development does not reduce the
number of dedicatedvehicle parking spaces on the land on which
the facility islocated;(e)for
development on land that shares a boundary with residentialland—(i)any
single storey building is located at least 3m from theboundary; and(ii)any
multistorey building or covered outdoor area is locatedat
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 isto be
located is less than 6m from a road frontage—at leastthe
same distance from the road frontage as the buildingclosest to itCurrent as at 28
May 2014Page 71
Sustainable Planning Regulation 2009Schedule 5Part 1Schedule 5Applicable
codes, laws,policies and prescribed mattersfor
particular developmentsection 11Part 1Assessable developmentTable 1—Building
workColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentFor the Building Act1Building work requiring codeThe
relevant provisions of the following,assessment under
schedule 3, part 1,as they apply under the Building Act,table
1, item 1chapter 4, part 1, division 1—(a)the Building Act, chapters 3 and
4;(b)any local law or local planninginstrument that the division allowsto
apply to the assessment;(c)the Queensland
DevelopmentCode;(d)the
BCADeclared fish habitat area2Building work requiring code(a)if the chief executive is theassessment under schedule 3, part 1,assessment manager or a referraltable
1, item 2agency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a concurrence agencyand
the development is in a wildriver area—any
applicable code forthe development mentioned in thewild
river declaration for the wildriver areaPage
72Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 5Part 1Table
2—Material change of useColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentEnvironmentally relevant activities1Development requiring code(a)if the chief executive is theassessment under schedule 3, part 1,assessment manager or a referraltable
2, item 1agency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a concurrenceagency—(i)the provisions of chapter 3,part
1, division 3A of theEnvironmental ProtectionRegulation 2008; and(ii)for a wild river area, anyapplicable code for thedevelopment
mentioned inthe wild river declaration forthe
wild river areaCertain brothels2Development requiring codeThe
IDAS code mentioned in theassessment under schedule 3, table
2,Prostitution Regulation 2000,
schedule 3item 23Development requiring impactThe
following—aitsesmes2sment under schedule 3, table
2,(a)PthreosIDtitAutSiocnodReegmuelanttiioonne2d00in0,theschedule
3;(b)the relevant provision of any
localplanning instrumentCurrent as at 28
May 2014Page 73
Sustainable Planning Regulation 2009Schedule 5Part 1Table
2—Material change of useColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentStrategic port land4Development requiring code(a)for the port authority as theassessment under schedule 3, part 1,assessment manager—the currenttable
2, item 3land use plan approved under theTransport Infrastructure Act,section 286; and(b)for
the Minister under theTransport Infrastructure Act, as
theconcurrence agency, section 287Aof
the ActAirport land5Development requiring code or impactThe
current land use plan for the airportassessment under
schedule 3, part 1,land approved under theAirport
Assetstable 2, item 4(Restructuring
and Disposal) Act 2008,chapter 3, part
1Major hazard facilities6Development requiring codeThe
relevant provisions of the Stateassessment under
schedule 3, part 1,development assessment provisionstable
2, item 5Contaminated land7Development requiring code or impactThe
relevant provisions of the Stateassessment under
schedule 3, part 1,development assessment provisionstable
2, item 6 or 7Certain aquaculture8Development requiring code(a)if the chief executive is theassessment under schedule 3, part 1,assessment manager or a referraltable
2, item 10agency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a concurrence agencyand
the development is in a wildriver area—any
applicable code forthe development mentioned in thewild
river declaration for the wildriver areaPage
74Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 5Part 1Table
2—Material change of useColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentCertain agricultural or animal husbandry
activities in a wild riverarea9Development requiring code(a)if the chief executive is theassessment under schedule 3, part 1,assessment manager or a referraltable
2, item 11agency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a concurrence agencyand
the development is in a wildriver area—any
applicable code forthe development mentioned in thewild
river declaration for the wildriver areaTable
3—Reconfiguring a lotColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentUnder theLandTitleAct19941Reconfiguring a
lot requiring impactThe relevant provisions of any
planningassessment under schedule 3, table 3,scheme, temporary local planningitem
1instrument, master plan or
preliminaryapproval to which section 242 of the
ActappliesTable
4—Operational worksColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentClearing native vegetation1Development requiring codeif
the chief executive is the assessmentassessment under
schedule 3, part 1,manager or a referral agency—thetable
4, item 1relevant provisions of the Statedevelopment assessment provisionsCurrent as at 28 May 2014Page
75
Sustainable Planning Regulation 2009Schedule 5Part 1Table
4—Operational worksColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentOperational works associated with
reconfiguring2Development requiring codeThe
relevant provisions of any applicableassessment under
schedule 3, part 1,planning scheme, temporary localtable
4, item 2planning instrument, master plan orpreliminary approval to which section242
of the Act appliesTaking or interfering with
water—generally3Development requiring code(a)if the chief executive is theassessment under schedule 3, part 1,assessment manager or a referraltable
4, item 3, other than item 3(d) oragency—the
relevant provisions of(e)the State
development assessmentprovisions; and(b)if an
entity other than the chiefexecutive is the assessmentmanager or a referral agency—(i)the relevant provisions of theWater
Act 2000; and(ii) for a wild
river area, anyapplicable code for thedevelopment
mentioned in thewild river declaration for the wildriver
areaInterfering with overland flow water in a
declared drainage andembankment area or wild river
floodplain management area4Development
requiring code(a)if the chief executive is theassessment under schedule 3, part 1,assessment manager or a referraltable
4, item 3(d) or (e)agency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a referral agency—(i)the relevant provisions of theWater
Act 2000; and(ii) for a wild
river area, anyapplicable code for thedevelopment
mentioned in thewild river declaration for the wildriver
areaPage 76Current as at 28
May 2014
Sustainable Planning Regulation 2009Schedule 5Part 1Table
4—Operational worksColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentParticular dams5Development requiring codeThe
relevant provisions of the Stateassessment under
schedule 3, part 1,development assessment provisionstable
4, item 4Tidal works in local government tidal
area6Tidal works—(a)the
relevant provisions of the(a)in a local
government tidal area;following—and(i)the IDAS code in theCoastal(b)requiring code assessment underschedule 3, part 1, table 4, item 5;Protection and ManagementRegulation 2003, schedule
4A;and(ii) any applicable planning
scheme,(c)for which a local government isthe
assessment managertemporary local planninginstrument,
master plan orpreliminary approval to whichsection 242 of the Act applies;and(b)for a wild river
area—(i)the Coastal Protection andManagement Act, section 104A;and(ii) any applicable code for
thedevelopment mentioned in thewild
river declaration for the wildriver areaTidal
works, or work in a coastal management district7Tidal
works or work in a coastal(a)if the chief
executive is themanagement district—assessment
manager or a referral(a)requiring code
assessment underschedule 3, part 1, table 4, item5;
andagency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)for which the chief executive
isthe assessment manager(b)if an
entity other than the chiefexecutive is the assessmentmanager or a concurrence agencyand
the development is in a wildriver area—any
applicable code forthe development mentioned in thewild
river declaration for the wildriver areaCurrent as at 28 May 2014Page
77
Sustainable Planning Regulation 2009Schedule 5Part 1Table
4—Operational worksColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentWaterway barrier works8Development requiring code(a)if the chief executive is theassessment under schedule 3, part 1,assessment manager or a referraltable
4, item 6agency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a concurrenceagency—(i)the relevant provisions of theFisheries Act; and(ii) for a wild
river area, anyapplicable code for thedevelopment
mentioned in thewild river declaration for the wildriver
areaWorks in a declared fish habitat area9Development requiring code(a)if the chief executive is theassessment under schedule 3, part 1,assessment manager or a referraltable
4, item 7agency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a concurrenceagency—(i)the relevant provisions of theFisheries Act; and(ii) for a wild
river area, anyapplicable code for thedevelopment
mentioned in thewild river declaration for the wildriver
areaPage 78Current as at 28
May 2014
Sustainable Planning Regulation 2009Schedule 5Part 1Table
4—Operational worksColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentRemoval, destruction or damage of marine
plants10Development requiring codeassessment under schedule 3, part 1,table
4, item 8(a)if the chief executive is theassessment manager or a referralagency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a concurrenceagency—(i)the relevant provisions of theFisheries Act; and(ii) for a wild
river area, anyapplicable code for thedevelopment
mentioned in thewild river declaration for the wildriver
areaCertain agricultural or animal husbandry
activities in a wild riverarea11Development requiring codeassessment under schedule 3, part 1,table
4, item 9(a)if the chief executive is theassessment manager or a referralagency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a concurrence agencyand
the development is in a wildriver area—any
applicable code forthe development mentioned in thewild
river declaration for the wildriver areaConstruction of new levees or modification
of existing levees12Construction of a new category 2
leveethe IDAS code in theWater
Regulation2002, schedule 15B13Modification of an existing levee if,the
IDAS code in theWater Regulationafter the
modification, the levee will2002,
schedule 15Bfulfil the requirements for a category
2leveeCurrent as at 28
May 2014Page 79
Sustainable Planning Regulation 2009Schedule 5Part 1Table
4—Operational worksColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessment14Construction of a new category 3
levee(a)the IDAS code in theWaterRegulation
2002, schedule 15B;and(b)if the chief executive is a
referralagency—the relevant provisions ofthe
State development assessmentprovisions15Modification of an existing levee
if,(a)the IDAS code in theWaterafter the
modification, the levee willRegulation
2002, schedule 15B;fulfil the
requirements for a category 3andlevee(b)if
the chief executive is a referralagency—the
relevant provisions ofthe State development
assessmentprovisionsTable 5—Various
aspects of developmentColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentStrategic port land1On
strategic port land other thanThe current land
use plan approved underdevelopment requiring codethe
Transport Infrastructure Act, sectionassessment under
schedule 3, part 1,286table 2, item 3Airport
land2On airport land other than
developmentThe current land use plan for the
airportrequiring code or impact assessmentland
approved under theAirport Assetsunder schedule 3,
part 1, table 2, item(Restructuring and Disposal) Act
2008,4, if the land use plan for the
airportchapter 3, part 1land approved
under theAirport Assets(Restructuring
and Disposal) Act2008, chapter 3, part 1 states thedevelopment is assessabledevelopmentPage 80Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 5Part 1Table
5—Various aspects of developmentColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentRemoving quarry material3Development requiring code(a)if the chief executive is theassessment under schedule 3, part 1,assessment manager or a referraltable
5, item 1agency—the relevant provisions ofthe
State development assessmentprovisions;
and(b)if an entity other than the
chiefexecutive is the assessmentmanager or a referral agency—(i)the relevant provisions of theWater
Act 2000; and(ii) for a wild
river area, anyapplicable code for thedevelopment
mentioned in thewild river declaration for the wildriver
areaQueensland heritage place4Development requiring codeThe
relevant provisions of the Stateassessment under
schedule 3, part 1,development assessment provisionstable
5, item 2Local heritage place5Development requiring codeThe
following—assessment under schedule 3, part 1,table
5, item 3(a)the IDAS code in theQueenslandHeritage
Regulation 2003,schedule 2;(b)the
relevant provision of anyplanning scheme, temporary
localplanning instrument, master plan orpreliminary approval to whichsection 242 of the Act appliesCurrent as at 28 May 2014Page
81
Sustainable Planning Regulation 2009Schedule 5Part 2Part
2Self-assessable developmentTable
1—Building workColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that mayapply for assessmentBy the State, a
public sector entity or a local government1Building work made self-assessableThe
relevant provisions of the following,under schedule 3,
part 2, table 1, item 1as 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 planninginstrument that the division allowsto
apply to the assessment;(c)the Queensland
DevelopmentCode;(d)the
BCAFor the Building Act2Building work made self-assessableThe
relevant provisions of the following,under schedule 3,
part 2, table 1, item 2as 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 planninginstrument that the division allowsto
apply to the assessment;(c)the Queensland
DevelopmentCode;(d)the
BCADeclared fish habitat area3Building work made
self-assessable(a)the IDAS codes mentioned in theunder
schedule 3, part 2, table 1, item 3Fisheries
Regulation 2008, section702; and(b)for a wild river area, any
applicablecode for the developmentmentioned in the
wild riverdeclaration for the wild river areaPage
82Current as at 28 May 2014
Sustainable Planning Regulation 2009Schedule 5Part 2Table
2—Material change of useColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentCertain aquaculture1Aquaculture made self-assessable(a)the IDAS codes mentioned in theunder
schedule 3, part 2, table 2, item 1Fisheries
Regulation 2008, section703; and(b)for a wild river area, any
applicablecode for the developmentmentioned in the
wild riverdeclaration for the wild river areaTable
3—Reconfiguring a lot1Table not
usedTable 4—Operational workColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentTaking or interfering with water1Taking or interfering with water
under(a)the codes mentioned in theWatertheWater
Act 2000madeRegulation 2002, section 62;
ands2e,ltfa-baslese4s,siatbelme u1nder schedule 3, part(b)cfoordaewfoirldthreivdeervaerleoap,maneyntapplicablementioned in the
wild riverdeclaration for the wild river areaWaterway barrier works2Constructing or raising waterwayThe
IDAS codes mentioned in thebarrier works made
self-assessableFisheries Regulation 2008,
section 704under schedule 3, part 2, table 4, item
2Current as at 28 May 2014Page
83
Sustainable Planning Regulation 2009Schedule 5Part 2Table
4—Operational workColumn 1DevelopmentColumn 2Codes, laws, policies andprescribed matters that may applyfor
assessmentWorks in a declared fish habitat area3Completely or partly within a
declared(a)the IDAS codes mentioned in thefish
habitat area made self-assessableFisheries
Regulation 2008, sectionunder schedule 3,
part 2, table 4, item 3705; and(b)for a
wild river area, any applicablecode for the
developmentmentioned in the wild riverdeclaration for the wild river areaRemoval, destruction or damage of marine
plants4The removal, destruction or damage
of(a)the IDAS codes mentioned in thea
marine plant made self-assessableFisheries
Regulation 2008, sectionunder schedule 3,
part 2, table 4, item 4706; and(b)for a
wild river area, any applicablecode for the
developmentmentioned in the wild riverdeclaration for the wild river areaLocal
government roads5Works on local government roadsThe
code mentioned in theTransportmade
self-assessable under schedule 3,Planning and
Coordination Regulationpart 2, table 4, item 52005, section 3High impact
earthworks in a wetland protection area6High
impact earthworks forThe code called
‘Self-assessablegovernment supported transportcode—Wetland protection areas in
Greatinfrastructure in a wetland
protectionBarrier Reef catchments’ under the
Statearea made self-assessable underPlanning Policy 2013schedule 3, part
2, table 4, item 67High impact earthworks for
electricityThe code called ‘Self-assessableinfrastructure in a wetland
protectioncode—Wetland protection areas in
Greatarea made self-assessable underBarrier Reef catchments’ under the
Stateschedule 3, part 2, table 4, item 7Planning Policy 2013For tidal works,
or works within a coastal management district8Operational work made self-assessableThe
code for the self-assessableunder schedule 3,
part 2, table 4, item 8operational work declared under
theCoastal Protection and ManagementRegulation 2003to be a code for
IDASPage 84Current as at 28
May 2014