Sustainable Planning Regulation 2009


Queensland Crest
Sustainable Planning Regulation 2009
Queensland Sustainable Planning Act 2009 Sustainable Planning Regulation 2009 Current as at 28 May 2014
Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.
Queensland Sustainable Planning Regulation 2009 Contents Part 1 1 2 3 Part 2 4 5 6 8 Part 3 Division 1 9 9A 10 10A 11 12 13 15 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Prescribed matters for Act, chapters 2 to 5 Designated regions—Act, s 22. . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Guideline for making or amending planning scheme or planning scheme policy—Act, s 117(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Guideline for making temporary local planning instrument—Act, s 117(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Community infrastructure—Act, s 200 . . . . . . . . . . . . . . . . . . . . . 6 Prescribed matters for IDAS General Assessable development, self-assessable development and type of assessment—Act, s 232 . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Particular development not assessable development or self-assessable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Development that can not be declared to be development of a particular type—Act, s 232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Prescribed matters for particular applications—Act, ss 255A, 255B and 255C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Applicable codes, laws, policies and prescribed matters for development .................................... 8 Assessment manager for development applications—Act, s 246. 8 Referral agencies and their jurisdictions—Act, ss 250, 251 and 254 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Referral agency assessment period—Act, s 283 . . . . . . . . . . . . . 8 Requirements for placing public notices on land—Act, s 297 . . . 9
Sustainable Planning Regulation 2009 Contents Division 2 18 19 20 21 Division 3 21A 21B 21C 21D Part 4 22 23 24 25 26 Part 5 27 28 30 Part 6 31 32 33 34 35 36 37 38 Page 2 Compliance assessment Compliance assessment of particular development—Act, ss 232 and 397 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance assessment of plans for reconfiguring a lot—Act, ss 397 and 415 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When notice of decision about compliance assessment must be given—Act, s 408 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed period—Act, s 409 . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees Assessment manager application fee—Act, s 260 . . . . . . . . . . . . Concurrence agency application fee—Act, s 272. . . . . . . . . . . . . Fee for request to change particular development approvals—Act, s 370 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fee for extension request notice for particular development approvals—Act, s 383 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed matters for Act, chapter 7 Court fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building and development committee fees—Act, ss 514 and 536 Building and development committee fast-track fee—Act, ss 515 and 537 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction of building and development committees—Act, s 526 Qualifications of general referee—Act, s 571 . . . . . . . . . . . . . . . . Prescribed matters for Act, chapter 8 Guidelines for priority infrastructure plans—Act, s 627 . . . . . . . . Local governments that must review priority infrastructure plans—Act, s 628 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trunk infrastructure charge rates—Act, s 640 . . . . . . . . . . . . . . . Prescribed matters for environmental impact statements Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Development for which EIS process applies—Act, s 688. . . . . . . Criteria for making decision about requirement for EIS . . . . . . . . Criteria for public notification of draft terms of reference for EIS—Act, s 691 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Content of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public notification of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters for inclusion in draft EIS—Act, s 693 . . . . . . . . . . . . . . . . Content of EIS assessment report—Act, s 699 . . . . . . . . . . . . . . 9 10 10 11 11 12 13 14 15 15 15 15 16 18 18 18 19 19 20 21 21 21 22 22
Sustainable Planning Regulation 2009 Contents 39 Part 7 40 40A 41 41A Part 8 42 Part 9 Division 1 43 Division 2 44 Division 3 45 Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 7A Schedule 8 Schedule 9 Schedule 13A Schedule 15 Schedule 18 To whom EIS and other material must be given—Act, s 700 . . . . 23 Miscellaneous provisions When structure plan arrangements apply to premises. . . . . . . . . 23 Prescribed information and documents for development applications—Act, s 736. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Prescribed activities for particular definitions under Act, sch 3 . . 24 References to maintenance covers . . . . . . . . . . . . . . . . . . . . . . . 25 Repeal provision Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Transitional provisions Transitional provision for Building and Other Legislation Amendment Regulation (No. 4) 2011 Applications for building development approval to continue under pre-amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Transitional provision for Building and Other Legislation Amendment Regulation (No. 3) 2013 Development applications involving child care centres . . . . . . . . 26 Transitional Provision for Sustainable Planning Amendment Regulation (No. 7) 2013 Clearing of particular vegetation not assessable development . . 27 Designated regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Community infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Assessable development, self-assessable development and type of assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Development that can not be declared to be development of a particular type—Act, section 232(2) . . . . . . . . . . . . . . . . . . . 57 Applicable codes, laws, policies and prescribed matters for particular development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Assessment manager for development applications . . . . . . 86 Referral agencies and their jurisdictions . . . . . . . . . . . . . . . . 93 Particular assessment manager and concurrence agency application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Special fire services and referral jurisdiction of Queensland Fire and Emergency Service for them . . . . . . . . . . . . . . . . . . . 145 Development impacting on State transport infrastructure and thresholds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Excluded matters for SCL or potential SCL concurrence agency jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 Referral agency assessment periods . . . . . . . . . . . . . . . . . . . 155 Compliance assessment of particular development . . . . . . . 156 Page 3
Sustainable Planning Regulation 2009 Contents Schedule 19 Schedule 20 Schedule 21 Schedule 22 Schedule 23 Schedule 24 Part 1 1 Part 2 2 3 4 5 6 7 8 Schedule 25 Schedule 25A Schedule 26 Compliance assessment of subdivision plans . . . . . . . . . . . . Court fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building and development committee fees . . . . . . . . . . . . . . Local governments required to review priority infrastructure plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trunk infrastructure charge rates . . . . . . . . . . . . . . . . . . . . . . Clearing of native vegetation—not assessable development under schedule 3, part 1, table 4, item 1 . . . . . . . . . . . . . . . . . Clearing and other activities or matters—general Clearing and other activities or matters for land generally . . . . . . Clearing for particular land Freehold land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indigenous land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land subject to a lease under the Land Act 1994 . . . . . . . . . . . . Land that is a road under the Land Act 1994 . . . . . . . . . . . . . . . . Particular trust land under the Land Act 1994 . . . . . . . . . . . . . . . Unallocated State land under the Land Act 1994. . . . . . . . . . . . . Land subject to a licence or permit under the Land Act 1994 . . . LGA population 1 areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prescribed information and documents for development applications—Act, s 736 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 163 165 167 168 169 169 173 174 175 177 178 179 180 181 182 187 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 223 223 226 233 Page 4
Sustainable Planning Regulation 2009 Part 1 Preliminary [s 1] Sustainable Planning Regulation 2009 [as amended by all amendments that commenced on or before 28 May 2014] Part 1 Preliminary 1 Short title This regulation may be cited as the Sustainable Planning Regulation 2009 . 2 Commencement This regulation commences on 18 December 2009. 3 Definitions The dictionary in schedule 26 defines particular words used in this regulation. Part 2 Prescribed matters for Act, chapters 2 to 5 4 Designated regions—Act, s 22 (1) The local government areas, or parts of the local government areas, of each group of local governments mentioned in a part of schedule 1 are prescribed as a designated region for section 22(1)(a) of the Act. (2) Each designated region has the name given in schedule 1. Current as at 28 May 2014 Page 5
Sustainable Planning Regulation 2009 Part 3 Prescribed matters for IDAS [s 5] 5 Guideline for making or amending planning scheme or planning scheme policy—Act, s 117(1) The guideline for making or amending a planning scheme or planning scheme policy is contained in the document called ‘Statutory guideline 01/14 Making and amending local planning instruments’, dated 17 April 2014 and published by the department. 6 Guideline for making temporary local planning instrument—Act, s 117(2) The guideline for making a temporary local planning instrument is contained in the document called ‘Statutory guideline 01/14 Making and amending local planning instruments’, dated 17 April 2014 and published by the department. 8 Community infrastructure—Act, s 200 Community infrastructure stated in schedule 2 is prescribed for section 200 of the Act. Part 3 Prescribed matters for IDAS Division 1 General 9 Assessable development, self-assessable development and type of assessment—Act, s 232 (1) For section 232(1) of the Act— (a) development stated in schedule 3, part 1, column 2 is assessable development; and (b) development stated in schedule 3, part 2, is self-assessable development. Page 6 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Part 3 Prescribed matters for IDAS [s 9A] (2) For section 232(3) of the Act, schedule 3, part 1, column 3 identifies the type of assessment for the development stated opposite in column 2. 9A Particular development not assessable development or self-assessable development (1) This section applies for development, other than relevant building work, carried out on or before 30 June 2015 for the construction, installation, use, maintenance, repair, alteration, decommissioning, demolition or removal of G20 radiocommunications works. (2) The development is not assessable development or self-assessable development for section 232(1) of the Act. (3) This section applies despite section 9. (4) In this section— relevant building work means development— (a) requiring code assessment under schedule 3, part 1, table 1, item 1; or (b) that is self-assessable development under schedule 3, part 2, table 1, item 1 or 2. 10 Development that can not be declared to be development of a particular type—Act, s 232 Development mentioned in schedule 4 is prescribed for section 232(2) of the Act. 10A Prescribed matters for particular applications—Act, ss 255A, 255B and 255C (1) For each of sections 255A(2)(b), 255B(2)(b) and 255C(2)(b) of the Act, subsection (2) provides for the prescribed matters for assessing, as relevant— (a) a part of an application to which section 255A(1)(b) or 255B(1)(b) of the Act applies; or Current as at 28 May 2014 Page 7
Sustainable Planning Regulation 2009 Part 3 Prescribed matters for IDAS [s 11] (b) an application to which section 255C(1) of the Act applies. (2) The prescribed matters are the relevant provisions of the State development assessment provisions that were in effect when the application was properly made. 11 Applicable codes, laws, policies and prescribed matters for development Schedule 5, parts 1 and 2, column 2 identifies the codes, laws, policies and prescribed matters that may apply for assessing the aspect of development mentioned opposite in column 1. 12 Assessment manager for development applications—Act, s 246 For section 246(1) of the Act, schedule 6, column 2 states the assessment manager for the development application mentioned opposite the assessment manager in column 1. 13 Referral agencies and their jurisdictions—Act, ss 250, 251 and 254 For sections 250(a), 251(a) and 254(1) of the Act— (a) schedule 7, column 2 states the referral agency, and whether it is an advice agency or a concurrence agency, for the development application mentioned in column 1; and (b) schedule 7, column 3 states the jurisdiction of the referral agency mentioned in column 2. 15 Referral agency assessment period—Act, s 283 For section 283(1)(a) of the Act, schedule 15, column 2 states the number of business days for the referral agency mentioned opposite the number in column 1. Page 8 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Part 3 Prescribed matters for IDAS [s 16] 16 Requirements for placing public notices on land—Act, s 297 (1) This section prescribes, for section 297(1)(b) of the Act, requirements for placing a notice on land. (2) The notice must be— (a) placed on, or within 1500mm of, the road frontage for the land; and (b) mounted at least 300mm above ground level; and (c) positioned so that it is visible from the road; and (d) made of weatherproof material; and (e) at least 900mm in height and 1200mm in width. (3) The lettering on the notice must be as stated on the approved form of the notice. (4) If the land has more than 1 road frontage, a notice must be placed on each road frontage for the land. (5) The applicant must maintain the notice from the day it is placed on the land until the end of the notification period. (6) In this section— road frontage , for land, means— (a) the boundary between the land and any road adjoining the land; or (b) if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access. Division 2 Compliance assessment 18 Compliance assessment of particular development—Act, ss 232 and 397 For sections 232(1)(b) and 397(3) of the Act, schedule 18 prescribes— Current as at 28 May 2014 Page 9
Sustainable Planning Regulation 2009 Part 3 Prescribed matters for IDAS [s 19] (a) particular development that requires compliance assessment; and (b) the matters or things against which the development must be assessed; and (c) the entity to whom the request for compliance assessment must be made. 19 Compliance assessment of plans for reconfiguring a lot—Act, ss 397 and 415 (1) For section 397(1) and (3) of the Act, schedule 19 prescribes— (a) a particular document that requires compliance assessment; and (b) the matters or things against which the document must be assessed; and (c) the entity to whom the request for compliance assessment must be made; and (d) when the request for compliance assessment must be made. (2) For section 415 of the Act— (a) schedule 19 also prescribes additional actions that must be taken by the compliance assessor in relation to the assessment of the document; and (b) a compliance certificate must be in the form required under the Land Title Act 1994 for registration of a plan of subdivision. 20 When notice of decision about compliance assessment must be given—Act, s 408 For section 408(1) of the Act, the prescribed period is— (a) for compliance assessment of development or a subdivision plan requiring compliance assessment under schedule 18 or 19—20 business days after the local Page 10 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Part 3 Prescribed matters for IDAS [s 21] government receives the request for compliance assessment; or (b) if the compliance assessor is a public sector entity or a local government and paragraph (a) does not apply—15 business days after receiving the request for compliance assessment; or (c) if the compliance assessor is a nominated entity of a local government and a copy of the request for compliance assessment is given to the local government under section 402 of the Act—the period of at least 20 business days agreed between the entity and the person making the request for compliance assessment; or (d) if the compliance assessor is a nominated entity of a local government and paragraph (c) does not apply—the period agreed between the entity and the person making the request for compliance assessment. 21 Prescribed period—Act, s 409 For section 409(2)(b) of the Act, the prescribed period for a compliance permit is— (a) if the permit is for a material change of use or reconfiguring a lot requiring operational works—4 years after the day it takes effect; or (b) otherwise—2 years after the day it takes effect. Division 3 Fees 21A Assessment manager application fee—Act, s 260 (1) For section 260(1)(d)(ii) of the Act, the prescribed fee (the assessment manager application fee ) for a development application for an aspect (the relevant aspect ) of development mentioned in schedule 7A, part 2, column 2, is the fee stated in schedule 7A, part 2, column 3, opposite— (a) the relevant aspect; and Current as at 28 May 2014 Page 11
Sustainable Planning Regulation 2009 Part 3 Prescribed matters for IDAS [s 21B] (b) the symbol ‘A’ stated in schedule 7A, part 2, column 4. (2) However, if the development application is for 2 or more relevant aspects of development, the assessment manager application fee for the application is each fee payable under subsection (1) for each relevant aspect of the development. 21B Concurrence agency application fee—Act, s 272 (1) For section 272(1)(c)(i) of the Act, the prescribed fee (the concurrence agency application fee ) for a development application for an aspect (the relevant aspect ) of development mentioned in schedule 7A, part 2, column 2, is the fee stated in schedule 7A, part 2, column 3, opposite— (a) the relevant aspect; and (b) the symbol ‘C’ stated in schedule 7A, part 2, column 4. (2) However, if the development application is for 2 or more relevant aspects of development, the concurrence agency application fee for the application is each fee under subsection (1) for each relevant aspect of development. Note Under section 249(a) of the Act, if an entity is the assessment manager and has 1 or more jurisdictions as a concurrence agency, the entity is not a concurrence agency. (3) Subsection (4) applies if a relevant aspect of the development application is— (a) building work to which the Queensland Development Code, part 1.4 applies; and (b) the work is in relation to a sewer, water main or stormwater drain; and (c) the work— (i) does not comply with an acceptable solution for a relevant performance criteria stated in the part; or (ii) is for a class of building or structure for which the part does not state an acceptable solution. Page 12 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Part 3 Prescribed matters for IDAS [s 21C] (4) Despite subsection (1), the concurrence agency application fee for the relevant aspect is an amount— (a) the concurrence agency considers to be reasonable; and (b) that is not more than the reasonable cost of the concurrence agency performing its functions under the Act for the relevant aspect. 21C Fee for request to change particular development approvals—Act, s 370 (1) This section applies to a request, under section 369(1)(c) of the Act, to the chief executive as a concurrence agency to change a condition of a development approval imposed by the chief executive. (2) For section 370(2)(a)(ii) of the Act, the prescribed fee for the request is— (a) $285.65, if the development approval is only for— (i) development for an environmentally relevant activity; or (ii) operational work that is high impact earthworks in a wetland protection area; or (b) $506.60, if the development approval is only for— (i) a material change of use of premises for aquaculture; or (ii) operational work for fisheries development, other than for aquaculture; or (c) $792.25, if the development approval is for— (i) development mentioned in 1 of paragraph (a)(i) or (ii); and (ii) development mentioned in 1 of paragraph (b)(i) or (ii). (3) In this section— Current as at 28 May 2014 Page 13
Sustainable Planning Regulation 2009 Part 3 Prescribed matters for IDAS [s 21D] fisheries development means building work in a declared fish habitat area or operational work that is for— (a) 1 or more of the following— (i) constructing or raising waterway barrier works; (ii) work carried out completely or partly within a declared fish habitat area; (iii) removal, destruction or damage of a marine plant; and (b) no other assessable development. 21D Fee for extension request notice for particular development approvals—Act, s 383 (1) This section applies to an extension request notice for a development approval if— (a) the notice is given to the chief executive as the assessment manager for the development application to which the approval relates; and (b) the approval is for development mentioned in section 21C(2)(a) or (b). (2) For section 383(3)(c)(ii) of the Act, the prescribed fee that must accompany the notice is $285.65. (3) In this section— extension request notice , for a development approval, means a notice, under section 383(1)(b) of the Act, asking the assessment manager to extend a period mentioned in section 341 of the Act for the approval. Page 14 Current as at 28 May 2014
Part 4 Sustainable Planning Regulation 2009 Part 4 Prescribed matters for Act, chapter 7 [s 22] Prescribed matters for Act, chapter 7 22 Court fees The fees payable for a proceeding in the court are stated in schedule 20. 23 Building and development committee fees—Act, ss 514 and 536 For sections 514(2) and 536(2) of the Act, the fees payable for proceedings before a building and development committee for a declaration or an appeal are stated in schedule 21. 24 Building and development committee fast-track fee—Act, ss 515 and 537 (1) This section prescribes the fee to accompany a request under section 515(2) or 537(2) of the Act to the chief executive to appoint a building and development committee to start hearing proceedings for a declaration or an appeal within 2 business days after starting the proceedings or appeal. (2) The fee payable under this section is 50% of, and is in addition to, the fee payable for the proceedings or appeal under section 23. (3) However, if the chief executive refuses the request, the fee must be refunded. 25 Jurisdiction of building and development committees—Act, s 526 A decision about a part of a building development application for which part the local government is the concurrence agency is prescribed for section 526(c) of the Act. Current as at 28 May 2014 Page 15
Sustainable Planning Regulation 2009 Part 4 Prescribed matters for Act, chapter 7 [s 26] 26 Qualifications of general referee—Act, s 571 (1) For section 571 of the Act, each of the following qualifications or experience for a member of a building and development committee that is to hear and decide a matter is prescribed for the matter— (a) a demonstrated ability— (i) to negotiate and mediate outcomes between parties to an appeal; and (ii) to apply the principles of natural justice; and (iii) to analyse complex technical issues; and (iv) to communicate effectively, including, for example, to write informed, succinct, and well-organised reports, submissions, decisions or other documents; (b) demonstrated knowledge of at least 1 of the following the Minister considers is sufficient to enable the person to perform the functions of a member of the building and development committee in relation to the matter— (i) building design and construction; (ii) siting of residential buildings; (iii) neighbourhood amenity issues; (iv) relevant health or fire safety issues; (v) the Act, the Building Act or the Plumbing and Drainage Act 2002 ; (vi) the BCA, Queensland Development Code, or Australian Standards relating to building work; (vii) the National Plumbing and Drainage Code, or the Australian Standards relating to plumbing and drainage work. (2) Subsection (3) applies if the matter is about an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice. Page 16 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Part 4 Prescribed matters for Act, chapter 7 [s 26] (3) A member of the building and development committee need not have the qualifications or experience mentioned in subsection (1)(b) if the Minister considers the member has a qualification or experience in engineering or accounting sufficient to enable the person to perform the functions of a member of the committee in relation to the matter. (4) If the matter is about a part of a building development application for which part the local government is the concurrence agency, and the part is assessed against the planning scheme, at least 1 member of the building and development committee must also have— (a) a university qualification in town planning; and (b) substantial experience in interpreting and applying provisions of a planning scheme. (5) If the matter is about a development application for a material change of use of premises that involves the use of a class 1, class 2 or class 10 building, at least 1 member of the building and development committee must also have— (a) a university qualification in town planning or law; and (b) substantial experience in interpreting and applying provisions of a planning scheme. (6) If the matter is about development, a document or work requiring compliance assessment, at least 1 member of the building and development committee must also have a university or professional qualification relevant for hearing and deciding the matter. Current as at 28 May 2014 Page 17
Sustainable Planning Regulation 2009 Part 5 Prescribed matters for Act, chapter 8 [s 27] Part 5 Prescribed matters for Act, chapter 8 27 Guidelines for priority infrastructure plans—Act, s 627 (1) The guideline for preparing priority infrastructure plans is contained in the document called ‘Statutory guideline 01/11—Priority infrastructure plans’, dated 7 November 2011 and published by the department. (2) The guideline for making or amending priority infrastructure plans is contained in the document called ‘Statutory guideline 01/14 Making and amending local planning instruments’, dated 17 April 2014 and published by the department. 28 Local governments that must review priority infrastructure plans—Act, s 628 The local governments mentioned in schedule 22 are prescribed for section 628(1) of the Act. 30 Trunk infrastructure charge rates—Act, s 640 (1) For section 640 of the Act— (a) the development for which a charge may be levied is— (i) reconfiguring a lot; or (ii) a material change of use of premises that is assessable development or development requiring compliance assessment under a planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies; or (iii) carrying out building work that is assessable development or development requiring compliance assessment; and (b) the charges are the amounts calculated under schedule 23. Page 18 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Part 6 Prescribed matters for environmental impact statements [s 31] (2) For calculating an amount under schedule 23, a charge unit is the amount decided by the relevant local government that is applying schedule 23. (3) However, a charge unit must not be more than $2000. (4) A charge under subsection (1) applies only for development that could reasonably be expected to create or add to demand on the infrastructure network for which the charge is taken. (5) If in relation to infrastructure for which a charge is levied a previous regulated infrastructure charge, infrastructure charge or contribution has been made, the charge levied must be reduced by an amount that fairly represents the current value of the amount previously paid. Part 6 Prescribed matters for environmental impact statements 31 Definitions for pt 6 In this part— Commonwealth Minister means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act. designated proponent , for development, means the person designated as a proponent for the development under the Commonwealth Environment Act, section 75(3). relevant impacts has the meaning given by the Commonwealth Environment Act, section 82. 32 Development for which EIS process applies—Act, s 688 (1) Development is prescribed for section 688 of the Act if— Current as at 28 May 2014 Page 19
Sustainable Planning Regulation 2009 Part 6 Prescribed matters for environmental impact statements [s 33] (a) the Commonwealth Minister has, under the Commonwealth Environment Act— (i) decided the approach for assessing the relevant impacts of the development is assessment by an accredited assessment process; and (ii) given notice of the decision; or Note See the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach). (b) the relevant impacts of the development are to be assessed under a bilateral agreement. (2) However, the development must be development for which the chief executive decides an EIS is required. (3) Any steps or actions taken in the EIS process before the action mentioned in subsection (1)(a) happens are taken to have complied with this part. (4) In this section— bilateral agreement see the Commonwealth Environment Act, section 45(2). 33 Criteria for making decision about requirement for EIS In making a decision under section 32(2), the chief executive must consider— (a) the importance of the development to the State or part of the State; and (b) the complexity of the development including— (i) the size or nature of the development; and (ii) the number of entities or local government areas potentially affected by the development; and (c) the significance of the potential environmental, economic and social impacts of the development. Page 20 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Part 6 Prescribed matters for environmental impact statements [s 34] 34 Criteria for public notification of draft terms of reference for EIS—Act, s 691 For section 691(1)(b) of the Act, the criteria for public notification of draft terms of reference for an EIS are— (a) the complexity of the matters mentioned in the application for terms of reference for the EIS; and (b) the likely level of public interest in the draft terms of reference. 35 Content of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694 (1) For sections 691(3)(f) and 694(1)(a)(v) of the Act, each of the following matters must be stated in a notice— (a) the development’s name; (b) the proponent’s name; (c) if the proponent and designated proponent for the development are not the same entity—the designated proponent’s name; (d) the development’s location; (e) any matter mentioned in the Commonwealth Environment Act, section 34, and protected by a controlling provision for the development. (2) In this section— controlling provision , for development, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the development under chapter 4, part 7, division 2 of that Act. 36 Public notification of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694 For sections 691(4) and 694(2) of the Act, a notice must be published— Current as at 28 May 2014 Page 21
Sustainable Planning Regulation 2009 Part 6 Prescribed matters for environmental impact statements [s 37] (a) in a newspaper circulating throughout Australia; and (b) in a newspaper circulating generally in the State. 37 Matters for inclusion in draft EIS—Act, s 693 For section 693(2) of the Act, the draft EIS must include the matters mentioned in the Environment Protection and Biodiversity Conservation Regulations 2000 (Cwlth), schedule 4. 38 Content of EIS assessment report—Act, s 699 (1) For section 699(e) of the Act, an EIS assessment report about an EIS for development must contain each of the following— (a) the development’s name; (b) the name of the designated proponent for the development; (c) the development’s location; (d) a description of any matters of national environmental significance; (e) a summary of the relevant impacts of the development; (f) a description of feasible mitigation measures, or changes to the development or procedures, to prevent or minimise the development’s relevant impacts, proposed by the proponent or suggested in relevant submissions; (g) to the extent practicable, a description of feasible alternatives to the development identified in the EIS process, and the likely impact of the alternatives on matters of national environmental significance; (h) a statement of conditions of approval for the development that may be imposed to address impacts, identified in the EIS process, on matters of national environmental significance. (2) In this section— Page 22 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Part 7 Miscellaneous provisions [s 39] matters of national environmental significance means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1. relevant submissions means properly made submissions, or other submissions accepted by the chief executive under section 695 of the Act. 39 To whom EIS and other material must be given—Act, s 700 For section 700(d) of the Act, the entity is the Commonwealth Minister. Part 7 Miscellaneous provisions 40 When structure plan arrangements apply to premises (1) For this regulation, structure plan arrangements apply to premises if— (a) the premises is completely or partly in a declared master planned area; and (b) a structure plan is in effect for the area; and (c) an entity that would have been a referral agency or the assessment manager for a development application relating to the premises is stated as a coordinating agency or a participating agency in the master planned area declaration or structure plan for the area. (2) In this section— amending Act means the Sustainable Planning and Other Legislation Amendment Act (No. 2) 2012 . Current as at 28 May 2014 Page 23
Sustainable Planning Regulation 2009 Part 7 Miscellaneous provisions [s 40A] coordinating agency means a coordinating agency as defined under the Act as in force before the enactment of the amending Act. declared master planned area means a declared master planned area continued in existence under chapter 10, part 6 of the Act. master planned area declaration means a declaration made under section 133 of the Act, as in force before the enactment of the amending Act, that identified an area as a declared master planned area. participating agency means a participating agency as defined under the Act as in force before the enactment of the amending Act. structure plan , for a declared master planned area, means the structure plan for the area continued in existence under chapter 10, part 6 of the Act. 40A Prescribed information and documents for development applications—Act, s 736 For section 736(2)(a) of the Act— (a) the prescribed information is mentioned in schedule 25A, part 1; and (b) the prescribed documents are mentioned in schedule 25A, part 2. 41 Prescribed activities for particular definitions under Act, sch 3 (1) Each of subsections (2) to (5) prescribes an environmentally relevant activity, or an aspect of an environmentally relevant activity, for the definition under the Act, schedule 3, stated in the subsection. (2) For the definition crude oil or petroleum product storage ERA , the environmentally relevant activity is chemical storage Page 24 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Part 8 Repeal provision [s 41A] under the Environmental Protection Regulation 2008 , schedule 2, section 8(1)(c). (3) For the definition dredging ERA , the environmentally relevant activity is extractive and screening activities under the Environmental Protection Regulation 2008 , schedule 2, section 16(1)(a). (4) For the definition extraction ERA , the environmentally relevant activity is extractive and screening activities under the Environmental Protection Regulation 2008 , schedule 2, section 16(1)(b) or (c). (5) For the definition screening ERA , the environmentally relevant activity is extractive and screening activities under the Environmental Protection Regulation 2008 , schedule 2, section 16(1)(d). 41A References to maintenance covers For this regulation, a reference to a sewer, stormwater drain or water main includes a maintenance cover for the sewer, water main or stormwater drain. Part 8 Repeal provision 42 Repeal The Integrated Planning Regulation 1998, SL No. 57 is repealed. Current as at 28 May 2014 Page 25
Sustainable Planning Regulation 2009 Part 9 Transitional provisions [s 43] Part 9 Transitional provisions Division 1 Transitional provision for Building and Other Legislation Amendment Regulation (No. 4) 2011 43 Applications for building development approval to continue under pre-amended regulation (1) This section applies if, before the commencement, an application for a building development approval was made but not decided. (2) The pre-amended regulation continues to apply to the application. (3) In this section— commencement means the commencement of this section. pre-amended regulation means this regulation as in force immediately before the commencement. Editor’s Note Sections 10 and 11 of the Building and Other Legislation Amendment Regulation (No. 3) 2013 SL No. 257 insert pt 9 div 1 hdg and div 2 (s 44) on commencement of those provisions. Division 2 Transitional provision for Building and Other Legislation Amendment Regulation (No. 3) 2013 44 Development applications involving child care centres Schedule 7, table 1, item 10, as in force immediately before the commencement of this section, continues to apply to development applications mentioned in that item that were made before the commencement. Page 26 Current as at 28 May 2014
Division 3 Sustainable Planning Regulation 2009 Part 9 Transitional provisions [s 45] Transitional Provision for Sustainable Planning Amendment Regulation (No. 7) 2013 45 Clearing of particular vegetation not assessable development (1) This section applies if a development approval for a material change of use or reconfiguring a lot is given for a development application— (a) made after 4 October 2004 and before 1 July 2013 for which the chief executive administering the Vegetation Management Act is a concurrence agency for clearing vegetation; or (b) made from 1 July 2013 for which the chief executive is a concurrence agency for clearing vegetation. (2) Clearing of vegetation under the approval is taken to be clearing under schedule 24, part 1, section 1(1). Current as at 28 May 2014 Page 27
Sustainable Planning Regulation 2009 Schedule 1 Schedule 1 Designated regions section 4 Part 1 SEQ region Brisbane Gold Coast Ipswich Lockyer Valley Logan Moreton Bay Redland Scenic Rim Somerset Sunshine Coast the part of the local government area of Toowoomba Regional Council delineated in black on maps SEQ RP 16 and SEQ RP 21 mentioned in schedule 1 of the State planning regulatory provisions included in the document called ‘South East Queensland Regional Plan 2009–2031’ published by the department Editor’s note Maps SEQ RP 16 and SEQ RP 21 are held by the department and are available for inspection by members of the public at the department’s head office. Page 28 Current as at 28 May 2014
Part 2 Sustainable Planning Regulation 2009 Schedule 1 Far North Queensland region Cairns Cassowary Coast Tablelands Wujal Wujal Yarrabah Part 3 North West region Cloncurry Flinders McKinlay Mount Isa Richmond Part 4 Central West region Barcaldine Barcoo Blackall Tambo Boulia Diamantina Longreach Winton Current as at 28 May 2014 Page 29
Sustainable Planning Regulation 2009 Schedule 1 Part 5 South West region Bulloo Murweh Paroo Quilpie Part 6 Maranoa—Balonne region Balonne Maranoa Part 7 Wide Bay Burnett region Bundaberg Cherbourg Fraser Coast Gympie North Burnett South Burnett Page 30 Current as at 28 May 2014
Part 8 Sustainable Planning Regulation 2009 Schedule 1 Mackay, Isaac and Whitsunday region Isaac Mackay Whitsunday Part 9 Central Queensland region Banana Central Highlands Gladstone Rockhampton Woorabinda Part 10 Darling Downs region Balonne Goondiwindi Maranoa Southern Downs Toowoomba Western Downs Current as at 28 May 2014 Page 31
Sustainable Planning Regulation 2009 Schedule 1 Part 11 Cape York region Aurukun Cook Hope Vale Kowanyama Lockhart River Mapoon Napranum Northern Peninsula Area Pormpuraaw Weipa Town Authority Wujal Wujal Page 32 Current as at 28 May 2014
Schedule 2 Sustainable Planning Regulation 2009 Schedule 2 Community infrastructure section 8 Part 1 Community infrastructure for transport 1 active transport infrastructure 2 air transport infrastructure 3 ancillary works and encroachments 4 busway transport infrastructure 5 light rail transport infrastructure 6 miscellaneous transport infrastructure 7 public marine transport infrastructure 8 rail transport infrastructure 9 roads on State toll road corridor land 10 State-controlled roads 11 transport infrastructure mentioned in schedule 3 of the Act, definition development infrastructure 12 wharves, public jetties, port facilities and navigational facilities 13 storage and works depots and similar facilities, including administrative facilities associated with the provision or maintenance of the community infrastructure mentioned in this part 14 any other facility for transport not mentioned in this part that is intended primarily to accommodate government functions Current as at 28 May 2014 Page 33
Sustainable Planning Regulation 2009 Schedule 2 Part 2 Other community infrastructure 1 aged-care facilities 2 cemeteries and crematoriums 3 communication network facilities 4 community and cultural facilities, including facilities where an education and care service under the Education and Care Services National Law (Queensland) is operated or a QEC approved service under the Education and Care Services Act 2013 is operated, community centres, meeting halls, galleries and libraries 5 correctional facilities 6 educational facilities 7 emergency services facilities 8 facilities for parks and recreation 9 hospitals and associated institutions 10 oil and gas pipelines 11 operating works under the Electricity Act 1994 12 sporting facilities 13 waste management facilities 14 water cycle management infrastructure 15 storage and works depots and similar facilities, including administrative facilities associated with the provision or maintenance of the community infrastructure mentioned in this part 16 any other facility not mentioned in this part that is intended primarily to accommodate government functions Page 34 Current as at 28 May 2014
Schedule 3 Part 1 Sustainable Planning Regulation 2009 Schedule 3 Part 1 Assessable development, self-assessable development and type of assessment section 9 Assessable development Table 1—Building work Column 1 Column 2 Column 3 For the Building Act 1 For assessing building work under the Building Code assessment Act, building work that is not— (a) self-assessable development under part 2; and (b) declared under the Building Act to be exempt development For declared fish habitat area 2 Building work in a declared fish habitat area if it Code assessment, if is not self-assessable development under part 2 the chief executive is the assessment manager Current as at 28 May 2014 Page 35
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 2—Material change of use of premises Column 1 Column 2 Column 3 For an environmentally relevant activity 1 Making a material change of use of premises for For a concurrence an environmentally relevant activity that, under ERA that is devolved the Environmental Protection Regulation 2008 , to a local government section 16, is identified as a concurrence ERA under the (the relevant ERA ), unless— Environmental (a) an environmental authority to carry out a concurrence ERA has been approved for the premises; and Protection Regulation 2008 , code assessment if the local government (b) the relevant ERA and concurrence ERA is the assessment mentioned in paragraph (a) are to be carried manager out under the environmental authority; and For all other (c) under the Environmental Protection environmentally Regulation 2008 , section 14(1), the relevant relevant activities, ERA has a lower aggregate environmental code assessment if score than the concurrence ERA mentioned the chief executive is in paragraph (a) the assessment manager For a brothel 2 Making a material change of use of premises for Code assessment, if a brothel premises in an industrial area or on strategic port land Impact assessment, if premises in an area other than an industrial area or on strategic port land unless a local planning instrument, or amendment of a local planning instrument made after 1 July 2000, requires code assessment Page 36 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 2—Material change of use of premises Column 1 Column 2 Column 3 On strategic port land 3 Making a material change of use of premises on Code assessment strategic port land that is inconsistent with the land use plan approved under the Transport Infrastructure Act, section 286 On airport land 4 Making a material change of use of premises on Code assessment, airport land that is inconsistent with the land use unless the land use plan approved under the Airport Assets plan requires impact (Restructuring and Disposal) Act 2008 , chapter assessment 3, part 1 Impact assessment, if the land use plan requires impact assessment For a major hazard facility 5 Making a material change of use of premises for Code assessment, if a major hazard facility or proposed major hazard the chief executive is facility the assessment manager Current as at 28 May 2014 Page 37
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 2—Material change of use of premises Column 1 Column 2 Column 3 Contaminated land management 6 Making a material change of use of a potentially Code assessment, if affected premises unless— the chief executive is (a) all of the following apply— the assessment manager (i) a suitability statement has been given for the premises; (ii) a site management plan has been approved in relation to the proposed use; (iii) the material change of use only involves— (A) the fit-out of a building; or (B) minor site excavation, including, for example, post holes for open-sided non-habitable structures; or (b) the proposed use is industrial and only involves minor site excavation, including, for example, post holes for open-sided non-habitable structures 7 Making a potentially sensitive material change of Code assessment, if use of premises if all or part of the premises is— the chief executive is (a) ulassetdufsoerd, oforri,fatnheinreduisstnroialexaicsttiivnigtyu(soet, hweras mtheanaasgseerssment than a mining activity or a chapter 5A activity); or (b) in an area for which an area management advice has been given for natural mineralisation or industrial activity (other than for a mining activity or a chapter 5A activity) Page 38 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 2—Material change of use of premises Column 1 Column 2 Column 3 For aquaculture 10 Making a material change of use of premises for Code assessment, if aquaculture if it is not self-assessable the chief executive is development under part 2 the assessment manager For a wild river area 11 Making a material change of use of premises to Code assessment, if the extent the premises is in a wild river area and the chief executive is the proposed use is for agricultural activities or the assessment animal husbandry activities, as defined under the manager Wild Rivers Act 2005 Current as at 28 May 2014 Page 39
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 3—Reconfiguring a lot Column 1 Column 2 Column 3 Under the Land Title Act 1994 1 Reconfiguring a lot under the Land Title Act Code assessment, 1994 , unless the reconfiguration requires unless a planning compliance assessment under schedule 18, the scheme, temporary reconfiguration is under a relevant instrument of local planning lease or the plan of subdivision necessary for the instrument, master reconfiguration— plan or preliminary (a) isdsuoarefsbacuneioldtoisfnutghbedfoilvraminddae;tloparnladnoonf sourbbdeilvoiwsiothnethat sAiamepccppttriaaoocpvntpaa2llsi4etso2seswrosefmhqtiuehcinhertes (b) is for the amalgamation of 2 or more lots; or (c) is for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41, of a lot with common property for a community titles scheme; or (d) is for the conversion, under the Body Corporate and Community Management Act 1997 , section 43, of lessee common property within the meaning of that Act to a lot in a community titles scheme; or (e) is in relation to the acquisition, including by agreement, under the Acquisition Act or otherwise, of land by— (i) a constructing authority, as defined under that Act, for a purpose set out in parts 1 to 13 (other than part 10, second dot point) of the schedule to that Act; or (ii) an authorised electricity entity; or (f) is for land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition Act, schedule, parts 1 to 13 (other than part 10, second dot point) whether or not the land relates to an acquisition; or Page 40 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 3—Reconfiguring a lot Column 1 Column 2 Column 3 (g) is for reconfiguring a lot comprising strategic port land; or (h) is for reconfiguring a South Bank lot within the corporation area under the South Bank Corporation Act 1989 ; or (i) is for the Transport Infrastructure Act, section 240; or (j) is in relation to the acquisition of land for a water infrastructure facility; or (k) is for land in a priority development area; or (l) is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 Current as at 28 May 2014 Page 41
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 4—Operational work Column 1 Column 2 Column 3 For clearing native vegetation 1 Operational work that is the clearing of native Code assessment, if vegetation on— the chief executive is (a) freehold land; or the assessment manager (b) indigenous land; or (c) any of the following under the Land Act 1994 (i) land subject to a lease; (ii) a road; (iii) trust land, other than indigenous land; (iv) unallocated State land; (v) land subject to a licence or permit; unless the clearing is— (d) on premises to which structure plan arrangements apply; or (e) clearing, or for another activity or matter, mentioned in schedule 24, part 1; or (f) clearing mentioned in schedule 24, part 2 for the particular land Page 42 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 4—Operational work Column 1 Column 2 Column 3 Associated with reconfiguration 2 Operational work for reconfiguring a lot, other If the operational than a lot in a priority development area, if the work is for reconfiguration is also assessable development residential, commercial or industrial purposes in a wild river area—code assessment, unless a planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies requires impact assessment Otherwise—code assessment Current as at 28 May 2014 Page 43
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 4—Operational work Column 1 Column 2 Column 3 For taking or interfering with water 3 Operational work (other than work carried out in Code assessment, if a priority development area or on premises to the chief executive is which structure plan arrangements apply) that the assessment involves— manager (a) taking or interfering with water from a watercourse, lake or spring or from a dam constructed on a watercourse or lake, unless— (i) the taking or interfering is permitted under the Water Act 2000 , chapter 2, part 2, division 1A; or (ii) the work is self-assessable development under part 2; or (iii) the work involves the replacement of a pump if the capacity of the new pump to take water is no greater than the capacity of the existing pump; or (iv) the work involves the installation of a pump to take water under a water entitlement if the water entitlement— (A) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence granted under the Water Act 2000 ; or (B) states the rate at which water may be taken; or (v) the interfering is authorised under a water licence and the work complies with the conditions of the licence; or (b) taking, or interfering with, artesian water as defined under the Water Act 2000 , schedule 4, other than through a monitoring bore; or (c) taking, or interfering with— (i) overland flow water, if the operations are mentioned as assessable development in a wild river declaration; or Page 44 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 4—Operational work Column 1 Column 2 Column 3 (ii) subartesian water— (A) if the operations are mentioned as assessable development in a water resource plan or a wild river declaration, or prescribed as assessable development under a regulation under the Water Act 2000 ; and (B) other than through an exempt bore; or (d) interfering with overland flow water in an area declared under the Water Act 2000 to be a drainage and embankment area if the operations are declared under that Act to be assessable development; or (e) interfering with overland flow water in a wild river floodplain management area if the operations are specified works or stated in the wild river declaration for the area to be assessable development; or (f) taking overland flow water, if the operations are mentioned as assessable development in a water resource plan, or prescribed as assessable development under a regulation under the Water Act 2000 For particular dams 4 Operational work that is the construction of a Code assessment, if dam or is carried out in relation to a dam if, the chief executive is because of the work, the dam must be failure the assessment impact assessed manager Current as at 28 May 2014 Page 45
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 4—Operational work Column 1 Column 2 Column 3 For tidal works, or work within a coastal management district 5 Operational work (other than excluded work , Code assessment, if work that is self-assessable development under in a local government part 2, table 4, item 8, work carried out in a tidal area and a local priority development area and work carried out government is the on premises to which structure plan arrangements assessment manager apply) that is— Code assessment, if (a) tidal works; or in a coastal management district (b) any of the following carried out completely and the chief or partly within a coastal management executive is the district— assessment manager (i) interfering with quarry material as defined under the Coastal Protection and Management Act on State coastal land above high-water mark; (ii) disposing of dredge spoil or other solid waste material in tidal water; (iii) constructing an artificial waterway; (iv) removing or interfering with coastal dunes on land, other than State coastal land, that is in an erosion prone area as defined in the Coastal Protection and Management Act and above high-water mark For constructing or raising waterway barrier works 6 Operational work that is the constructing or Code assessment, if raising of waterway barrier works, other than the chief executive is operational work that is self-assessable the assessment development under part 2 or carried out on manager premises to which structure plan arrangements apply For works in a declared fish habitat area 7 Operational work completely or partly within a Code assessment, if declared fish habitat area, other than operational the chief executive is work that is self-assessable development under the assessment part 2 manager Page 46 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 4—Operational work Column 1 Column 2 Column 3 For removal, destruction or damage of marine plants 8 Operational work that is the removal, destruction Code assessment, if or damage of a marine plant, other than the chief executive is operational work that is— the assessment (a) for reconfiguring a lot that is assessable manager development under table 3, item 1, if there is a development permit in effect for the reconfiguration; or (b) for a material change of use that is assessable development, if there is a development permit in effect for the change of use; or (c) self-assessable development under part 2; or (d) carried out in a priority development area; or (e) carried out on premises to which structure plan arrangements apply For a wild river area 9 Operational work for agricultural activities or Code assessment, if animal husbandry activities (as defined under the the chief executive is Wild Rivers Act 2005 ) in a wild river area if the the assessment operational work is declared to be assessable manager development under the wild river declaration for the area Current as at 28 May 2014 Page 47
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 4—Operational work Column 1 Column 2 Column 3 For a wetland protection area 10 Operational work that is high impact earthworks Code assessment, if in a wetland protection area, other than the chief executive is operational work— the assessment (a) for a domestic housing activity; or manager (b) that is the natural and ordinary consequence of development involving— (i) a material change of use for which the chief executive or the chief executive (environment) was a concurrence agency under schedule 7, table 3, item 21A; or (ii) reconfiguring a lot for which the chief executive or the chief executive (environment) was a concurrence agency under schedule 7, table 2, item 43A; or (c) associated with government supported transport infrastructure or electricity infrastructure For construction of new levees or modification of existing levees 11 Operational work that is— Code assessment (a) construction of a new category 2 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee 12 Operational work that is— Impact assessment (a) construction of a new category 3 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee Page 48 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 1 Table 5—Various aspects of development Column 1 Column 2 Column 3 For removal of quarry material 1 All aspects of development for removing quarry Code assessment, if material from a watercourse or lake if an the chief executive is allocation notice is required under the Water Act the assessment 2000 for the removal, other than development manager that is— (a) in a priority development area; or (b) carried out on premises to which structure plan arrangements apply Development on Queensland heritage place 2 All aspects of development on a Queensland Code assessment, if heritage place, other than development— the chief executive is (a) fthoer w Q h u i e c e h ns a l n an e d xe H m e p r t i i ta o g n e c A er c t t if 1 ic 9 a 9 t 2 e huansdbeeren mtheanaasgseerssment issued; or (b) that, under section 78 of that Act, is liturgical development; or (c) carried out by the State; or (d) in a priority development area Development on local heritage place 3 All aspects of development on a local heritage Code assessment, place, other than— unless a planning (a) development that is self-assessable development under part 2, table 1, item 1; or scheme, temporary local planning instrument, master plan or preliminary (b) development to which chapter 9, part 5 of approval to which the Act applies; or section 242 of the (c) development carried out by the State on designated land; or Act applies requires impact assessment (d) development mentioned in schedule 4 Current as at 28 May 2014 Page 49
Sustainable Planning Regulation 2009 Schedule 3 Part 2 Table 5—Various aspects of development Column 1 Column 2 Column 3 Development on strategic port land 6 All aspects of development on strategic port land, Code assessment other than development mentioned in table 2, item 3, if the land use plan for the strategic port land approved under the Transport Infrastructure Act, section 286, states the development is assessable development Development on airport land 7 All aspects of development on airport land, other Code assessment, than development mentioned in table 2, item 4, if unless the land use the land use plan for the airport port land plan requires impact approved under the Airport Assets (Restructuring assessment a th n e d d D ev is e p lo o p sa m l) en A t c i t s 2 a 0 s 0 s 8 es,scahbalpetderev3e,lpoaprmt 1e, nst tates tIhmeplaacntdasusseesspmlaennt, if requires impact assessment Part 2 Self-assessable development Table 1—Building work By the State, a public sector entity or a local government 1 Building work carried out by or on behalf of the State, a public sector entity or a local government, other than building work declared under the Building Act to be exempt development For the Building Act 1975 2 For assessing building work against the Building Act, building work declared under that Act to be self-assessable development Page 50 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 2 Table 1—Building work For declared fish habitat area 3 For assessing building work against the Fisheries Act, building work in a declared fish habitat area if the work is reasonably necessary for— (a) the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type— (i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs; (ii) powerlines or associated powerline infrastructure; or (b) educational or research purposes relating to the declared fish habitat area; or (c) monitoring the impact of development on the declared fish habitat area; or (d) the construction of structures, including, for example, safety signs, swimming enclosures and aids to navigation, if— (i) the impact on the area is minor; and (ii) the structures are constructed in compliance with all the requirements, under any Act, relating to a structure of that type Current as at 28 May 2014 Page 51
Sustainable Planning Regulation 2009 Schedule 3 Part 2 Table 2—Material change of use of premises For aquaculture 1 For assessing a material change of use of premises against the Fisheries Act, making a material change of use of premises for aquaculture if the change of use of premises does not cause the discharge of waste into Queensland waters and the aquaculture— (a) is— (i) of indigenous freshwater fish species mentioned in the Fisheries Regulation 2008 , schedule 10C; and (ii) in a catchment listed in that schedule for that species for aquarium display or human consumption only; and (iii) carried out in ponds, or using above-ground tanks, that have a total water surface area of no more than 5ha; or (b) is of indigenous freshwater fish for aquarium display or human consumption only, or non-indigenous freshwater fish for aquarium display only, and is carried out using only above-ground tanks that have— (i) a floor area, excluding water storage area, of no more than 50m 2 ; and (ii) a roof impervious to rainwater; or (c) is of indigenous marine fish for aquarium display only and is carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 50m 2 Table 3—Reconfiguring a lot 1 Table not used Page 52 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 2 Table 4—Operational work For taking or interfering with water 1 For assessing operational work against the Water Act 2000 , operational work (other than work carried out in a priority development area or on premises to which structure plan arrangements apply) that involves— (a) taking or interfering with water in a watercourse, lake or spring if the operations are mentioned as self-assessable development in a water resource plan or a wild river declaration, unless— (i) the taking or interfering is permitted under the Water Act 2000 , chapter 2, part 2, division 1A; or (ii) the work involves the replacement of a pump if the capacity of the new pump to take water is no greater than the capacity of the existing pump; or (iii) the work involves the installation of a pump to take water under a water entitlement if the water entitlement— (A) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence granted under the Water Act 2000 ; or (B) states the rate at which water may be taken; or (iv) the interfering is authorised under a water licence and the work complies with the conditions of the licence; or (b) taking or interfering with— (i) overland flow water, if the operations are mentioned as self-assessable development in a wild river declaration; or (ii) subartesian water— (A) if the operations are mentioned as self-assessable development in a water resource plan or a wild river declaration; and (B) other than through an exempt bore; or (c) interfering with overland flow water in an area declared under the Water Act 2000 to be a drainage and embankment area if the operations are declared under that Act to be self-assessable development; or (d) interfering with overland flow water in a wild river floodplain management area if the operations are declared under the wild river declaration for the area to be self-assessable development; or (e) taking overland flow water, if the operations are mentioned as self-assessable development in a water resource plan, or prescribed as self-assessable development under a regulation under the Water Act 2000 Current as at 28 May 2014 Page 53
Sustainable Planning Regulation 2009 Schedule 3 Part 2 Table 4—Operational work For waterway barrier works 2 For assessing operational work against the Fisheries Act, operational work for constructing or raising waterway barrier works (other than work carried out in a wild river area or on premises to which structure plan arrangements apply), if the waterway barrier works are— (a) temporary; or (b) minor; or (c) rebuilt on a regular basis 2A For assessing operational work against the Fisheries Act, operational work in a wild river area that is the construction or raising of waterway barrier works, if the waterway barrier works are— (a) temporary; and (b) necessary for the maintenance of— (i) existing specified works; or (ii) existing waterway barrier works For works in a declared fish habitat area 3 For assessing operational work against the Fisheries Act, operational work completely or partly within a declared fish habitat area if the works are reasonably necessary for— (a) the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type— (i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs; (ii) powerlines or associated powerline infrastructure; or (b) educational or research purposes relating to the declared fish habitat area; or (c) monitoring the impact of development on the declared fish habitat area; or (d) the construction or placement of structures, including, for example, safety signs, swimming enclosures and aids to navigation, if— (i) the impact on the area is minor; and (ii) the structures are constructed in compliance with all the requirements, under any Act, relating to a structure of that type; or (e) public benefit works, including, for example, the construction of runnels for mosquito control, the removal of Lyngbya and seed collection for site rehabilitation, if the impact on the area is minor Page 54 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 3 Part 2 Table 4—Operational work For the removal, destruction or damage of marine plants 4 For assessing operational work against the Fisheries Act, operational work (other than work on premises to which structure plan arrangements apply) that is the removal, destruction or damage of a marine plant if the removal, destruction or damage— (a) is of dead marine wood on unallocated State land, other than in a wild river area, for trade or commerce; or (b) is reasonably necessary for the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type— (i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs; (ii) drainage structures; (iii) powerlines or associated powerline infrastructure; or (c) is reasonably necessary for educational or research purposes or for monitoring the impact of development on marine plants; or (d) is reasonably necessary for the construction or placement of structures, including, for example, swimming enclosures, safety signs, aids to navigation, fences, pontoons, public boat ramps and pipelines, if— (i) the extent of the removal, destruction or damage is minor; and (ii) the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type; or (e) is reasonably necessary for the construction of runnels for mosquito control, removal of Lyngbya, seed collection for site rehabilitation or the collection of marine plants for fishing bait or handicraft For local government roads 5 For assessing road works on a local government road, other than in a priority development area, under the Transport Planning and Coordination Act 1994 , section 8C, operational works that are road works on a local government road For wetland protection areas 6 Operational work that is high impact earth works carried out for government supported transport infrastructure in a wetland protection area 7 Operational work that is high impact earth works carried out for electricity infrastructure in a wetland protection area Current as at 28 May 2014 Page 55
Sustainable Planning Regulation 2009 Schedule 3 Part 2 Table 4—Operational work For tidal works, or works within a coastal management district 8 Operational work mentioned in part 1, table 4, item 5(a) or (b)(i) if— (a) the work is undertaken by a local government or the Gold Coast Waterways Authority under the Gold Coast Waterways Authority Act 2012 , or undertaken by or on behalf of the department administering the Transport Infrastructure Act or the Transport Planning and Coordination Act 1994 ; and (b) the work is mentioned in a code for the self-assessable operational work declared under the Coastal Protection and Management Regulation 2003 to be a code for IDAS For construction of new levees or modification of existing levees 9 Operational work that is— (a) construction of a new category 1 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee Page 56 Current as at 28 May 2014
Schedule 4 Sustainable Planning Regulation 2009 Schedule 4 Development that can not be declared to be development of a particular type—Act, section 232(2) section 10 Table 1—Building work 1 Table not used Table 2—Material change of use of premises For a class 1 or 2 building 1 Making a material change of use of premises for a class 1 or 2 building under the BCA, part A3 if the use is for providing support services and short-term accommodation for persons escaping domestic violence Current as at 28 May 2014 Page 57
Sustainable Planning Regulation 2009 Schedule 4 Table 2—Material change of use of premises For particular class 1 building or class 10 building or structure 2 Making a material change of use of premises for a class 1(a)(i) building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a class 10 building or structure under the BCA if— (a) the use is for a residential purpose in a residential zone; and (b) for an existing class 1(a)(i) building or class 1(a)(ii) building comprising not more than 2 attached dwellings—the material change of use involves the repair, renovation, alteration or addition to the building; and (c) for a class 1(a) building not mentioned in paragraph (b)—there is no existing dwelling house on the premises; and (d) the development is not self-assessable development under a planning scheme, temporary local planning instrument, master plan or a preliminary approval to which section 242 of the Act applies; and (e) either— (i) no overlay, as identified in the planning scheme and relevant to assessment of the material change of use, applies to the premises for the material change of use; or (ii) only an overlay about bush fire hazards applies to the premises and the premises are less than 2000m 2 ; and (f) for a class 1(a)(ii) building comprising not more than 2 attached dwellings—the local government for the planning scheme area has, by resolution, decided to apply this item to that class of building Table 3—Reconfiguring a lot Other than a lot within the meaning of the Land Title Act 1994 1 Reconfiguring a lot other than a lot within the meaning of the Land Title Act 1994 Page 58 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 4 Table 3—Reconfiguring a lot Under the Land Title Act 1994 2 Reconfiguring a lot under the Land Title Act 1994 , if the reconfiguration is under a relevant instrument of lease or the plan of subdivision necessary for the reconfiguration— (a) is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or (b) is for the amalgamation of 2 or more lots; or (c) is for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41, of a lot with common property for a community titles scheme; or (d) is for the conversion, under the Body Corporate and Community Management Act 1997 , section 43, of lessee common property within the meaning of that Act to a lot in a community titles scheme; or (e) is in relation to the acquisition, including by agreement, under the Acquisition Act or otherwise, of land by— (i) a constructing authority, as defined under that Act, for a purpose set out in parts 1 to 13 (other than part 10, second dot point) of the schedule to that Act; or (ii) an authorised electricity entity; or (f) is for land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition Act, schedule, parts 1 to 13 (other than part 10, second dot point), whether or not the land relates to an acquisition; or (g) is for reconfiguring a lot comprising strategic port land; or (h) is for the Transport Infrastructure Act, section 240; or (i) is in relation to the acquisition of land for a water infrastructure facility; or (j) is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 Table 4—Operational work By or on behalf of a public sector entity 1 Operational work or plumbing or drainage work (including maintenance and repair work) if the work is carried out by or on behalf of a public sector entity authorised under a State law to carry out the work Current as at 28 May 2014 Page 59
Sustainable Planning Regulation 2009 Schedule 4 Table 4—Operational work For ancillary works and encroachments 2 Operational work that is ancillary works and encroachments that are— (a) carried out in compliance with requirements specified by gazette notice by the chief executive administering the Transport Infrastructure Act; or (b) done as required by a contract entered into under the Transport Infrastructure Act, section 50, with the chief executive administering that Act For substitute railway crossing 3 Operational work for the construction of a substitute railway crossing by a railway manager in response to an emergency under the Transport Infrastructure Act, section 169 Performed by railway manager 4 Operational work performed by a railway manager, within the meaning of the Transport Infrastructure Act, under section 260 of that Act Under a rail feasibility investigator’s authority 5 Operational work carried out under a rail feasibility investigator’s authority granted under the Transport Infrastructure Act Under the Coastal Protection and Management Act 6 Operational work that is the digging or boring into land by an authorised person under the Coastal Protection and Management Act, section 134 7 Operational work for an aid to navigation or sign for maritime navigation For subscriber connections 8 Operational work for a subscriber connection Page 60 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 4 Table 4—Operational work For agriculture 9 Operational work associated with— (a) management practices for the conduct of an agricultural use, other than— (i) the clearing of native vegetation; or (ii) operations of any kind and all things constructed or installed for taking or interfering with water (other than using a water truck to pump water) if the operations are for taking or interfering with water under the Water Act 2000 ; or (b) weed or pest control, unless it involves the clearing of native vegetation; or (c) the use of fire under the Fire and Emergency Services Act 1990 ; or (d) the conservation or restoration of natural areas; or (e) the use of premises for forest practices For removing quarry material 10 Operational work for removing quarry material from a State forest, timber reserve, forest entitlement area or Crown land as defined under the Forestry Act 1959 For the removal, destruction or damage of marine plants 11 Operational work that is the removal, destruction or damage of a marine plant Current as at 28 May 2014 Page 61
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development Mining and petroleum activities 1 Development for an activity authorised under— (a) the Mineral Resources Act 1989 , including an activity for the purpose of 1 or more of the following Acts— Alcan Queensland Pty. Limited Agreement Act 1965 Central Queensland Coal Associates Agreement Act 1968 Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 Mount Isa Mines Limited Agreement Act 1985 Queensland Nickel Agreement Act 1970 Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; or (b) the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 (other than an activity relating to the construction and operation of an oil refinery); or (c) the Petroleum (Submerged Lands) Act 1982 ; or (d) the Offshore Minerals Act 1998 2 All aspects of development for a mining activity to which an environmental authority under the Environmental Protection Act applies 3 All aspects of development for petroleum activities Geothermal exploration 4 Any aspect of development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 GHG storage activities 5 Any aspect of development for a GHG storage activity carried out under a GHG authority under the Greenhouse Gas Storage Act 2009 Directed under a notice, order or direction under a State law 6 All aspects of development a person is directed to carry out under a notice, order or direction made under a State law Page 62 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development Community infrastructure activities 7 All aspects of development— (a) for the maintenance, repair, augmentation, upgrading, duplication or widening of State-controlled road infrastructure; or (b) for ancillary works and encroachments carried out by the State; or (c) adjacent to a State-controlled road and ancillary to the construction, maintenance, repair, augmentation, upgrading, duplication or widening of the road, such as excavating, crushing, screening, cutting, filling, preparing road construction material (including concrete), storing materials, removing vegetation, dam building, site offices and worker accommodation 8 All aspects of development for the maintenance, repair, upgrading, augmentation or duplication of— (a) rail transport infrastructure; or (b) other rail infrastructure; or (c) miscellaneous transport infrastructure; or (d) busway transport infrastructure; or (e) light rail transport infrastructure 9 All aspects of development for a supply network for electricity, as defined under the Electricity Act 1994 , or for private electricity works that form an extension of or provide service connections to properties from the network, if the network operates at standard voltages up to and including 66kV, other than any aspect of development for— (a) the construction of a new zone substation or bulk supply substation; or (b) the augmentation of an existing zone or bulk supply substation if the input or output standard voltage is significantly increased 10 All aspects of development for the construction of— (a) the busway project known as Northern Busway (Windsor to Kedron) described in the document called ‘Northern Busway (Windsor to Kedron) Project Change Report’ of May 2008; and (b) the toll road project known as Airport Link described in the Coordinator-General’s report for the EIS, and change report, for the project under the State Development and Public Works Organisation Act 1971 Editor’s note The documents mentioned in this item are held by, and are available for inspection on the website of, City North Infrastructure Pty Ltd ACN 123 249 874. Current as at 28 May 2014 Page 63
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development 10A All aspects of development carried out before 1 July 2015 for the construction of the light rail project known as the Gold Coast Rapid Transit project, to provide light rail transport infrastructure along the route shown on the map included in the document called ‘Gold Coast rapid transit interactive map features’ dated 10 March 2011 Editor’s note The document called ‘Gold Coast rapid transit interactive map features’ dated 10 March 2011 is available at <www.goldcoastrapidtransit.qld.gov.au>. 10B All aspects of development for the construction of the rail project known as Moreton Bay Rail Link described in the document called ‘Moreton Bay Rail Link, Figure 01, Rev A’ Editor’s note The document called ‘Moreton Bay Rail Link, Figure 01, Rev A’ is available for inspection at the offices of the Department of Transport and Main Roads during business hours and on the department’s website at <www.tmr.qld.gov.au>. 10C All aspects of development for the construction of the underground busway and railway infrastructure project known as BaT to provide busway and rail transport infrastructure along the route shown on the map called ‘Draft Reference Design for Consultation Purposes’ dated March 2014 Editor’s note The map is available for inspection at the offices of the Department of Transport and Main Roads during business hours and on the department’s website at <www.tmr.qld.gov.au>. Page 64 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development 11 (1) All aspects of development for an educational facility or community and cultural facility funded under the relevant program, if all of the following apply in relation to the development— (a) at least 50% of the total funding for the development is provided under the relevant program; (b) at least 10 business days before the development is started, an entity representing the school at which the development is to be carried out gives the local government for the area in which the school is located written notice of the proposed development; (c) the height of any building or covered outdoor area for the facility is not more than the higher of— (i) the height of the tallest building on the existing school campus on which the facility is located; or (ii) 15m above ground level; (d) for development on land that shares a boundary with residential land— (i) any single storey classroom or library is located at least 3m from the boundary; and (ii) any multistorey classroom or library is located at least 6m from the boundary; and (iii) any multipurpose hall or covered outdoor area is located at least 10m from the boundary; and (iv) any trade training centre is located at least 20m from the boundary; (e) all buildings for the facility are located— (i) at least 6m from a road frontage; or (ii) if any existing building on the land on which the facility is to be located is less than 6m from a road frontage—at least the same distance from the road frontage as the building closest to it; (f) for a facility that involves the installation of external floodlights, the installation of the floodlights complies with each of the following— (i) AS 4282 ‘Control of the Obtrusive Effects of Outdoor Lighting’; (ii) AS 2560.1-2002 ‘Sports Lighting—General Principles’; (g) for a facility that includes a classroom, library, multipurpose hall or trade training centre, the facility is completely within an existing school campus; Current as at 28 May 2014 Page 65
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development (ga) for a facility that is a trade training centre, the facility is designed and constructed using appropriate measures to ensure noise associated with the use of the facility does not exceed 5db(A) above the background level of noise measured— (i) between 7a.m. and 7p.m.; and (ii) at the boundary of the campus nearest to the facility; Examples of appropriate measures construction materials designed to reduce noise, building orientation, noise barriers (h) the development does not involve the construction or extension of any vehicular access to the premises, other than a vehicular access for persons with a disability, emergency service vehicles or other service vehicles; (i) the development does not reduce the number of dedicated vehicle parking spaces on the land on which the facility is located. (2) However, development to which subsection (1) would otherwise apply is not prescribed for section 232(2) of the Act to the extent the development— (a) is in a coastal management district; or (b) is in an area for which an area management advice has been given for unexploded ordnance; or (c) for development at a non-State school— (i) is in an area to which the SEQ koala State planning regulatory provisions apply; or (ii) involves the clearing of native vegetation— (A) in a category A area or category B area shown on a PMAV; or (B) if there is no PMAV for the lot on which the development is carried out—shown on the regional ecosystem map or remnant map as remnant vegetation. Page 66 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development (3) Also, development to which subsection (1) would otherwise apply is not prescribed for section 232(2) of the Act if— (a) any of the following apply to the development— (i) the development is on a place in a planning scheme area that on or before 24 April 2009 was a local heritage place, or a place identified under the local government’s planning scheme as a place of cultural heritage significance; (ii) the development interferes with vegetation identified under the local government’s planning scheme on or before 24 April 2009 as vegetation that is protected; (iii) the land on which the development is to be carried out is identified under the local government’s planning scheme as affected or potentially affected by subsidence caused by underground mining; and (b) within 10 business days after receiving notice of the development under subsection (1)(b), the local government advises the school by written notice that the local government does not agree to the exemption. 12 All aspects of development, for an educational facility or community and cultural facility, that is— (a) completely or partly funded under the relevant program; and (b) described in the document called ‘Exempt development for particular educational or community and cultural facilities’ published by the department and dated 22 November 2010; and (c) carried out at the school stated for the development in the document mentioned in paragraph (b) E ditor’s note The document called ‘Exempt development for particular educational or community and cultural facilities’ dated 22 November 2010 is available for inspection at the department’s offices during business hours and on the department’s website at <www.dsdip.qld.gov.au>. 12A (1) All aspects of development for an educational facility funded under the relevant program, if all of the following apply in relation to the development— (a) 50% or more of the gross floor area of all buildings of the development is under the relevant program; (b) at least 10 business days before the development is started, an entity representing the school at which the development is to be carried out gives the local government for the area in which the school is located written notice of the proposed development; Current as at 28 May 2014 Page 67
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development (c) the height of any building or covered outdoor area for the facility is not more than the higher of— (i) the height of the tallest building on the existing school campus on which the facility is located; or (ii) 15m above ground level; (d) for development on land that shares a boundary with residential land— (i) if any existing building on the land on which the facility is to be located is less than 6m from the boundary—any new building is at least the same distance from the boundary as the building closest to it; or (ii) otherwise— (A) any single storey building for the facility is located at least 3m from the boundary; and (B) any multistorey building for the facility is located at least 6m from the boundary; (e) all buildings for the facility are located— (i) if any existing building on the land on which the facility is to be located is less than 6m from a road frontage—at least the same distance from the road frontage as the building closest to it; or (ii) otherwise—at least 6m from a road frontage; (f) for a facility that involves the installation of external floodlights, the installation of the floodlights complies with each of the following— (i) AS 4282-1997 ‘Control of the obtrusive effects of outdoor lighting’; (ii) AS 2560.1-2002 ‘Sports lighting—general principles’; (g) the facility is completely within an existing school campus; (h) the development does not involve the construction or extension of any vehicular access to the premises, other than a vehicular access for persons with a disability, emergency service vehicles or other service vehicles; Page 68 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development (i) the development does not reduce the number of dedicated vehicle parking spaces on the land on which the facility is located. (2) However, development to which subsection (1) would otherwise apply is not prescribed for section 232(2) of the Act to the extent the development— (a) is in a coastal management district; or (b) is in an area for which an area management advice has been given for unexploded ordnance; or (c) for development at a non-State school— (i) if the development is located outside an existing development footprint under the SEQ Koala Conservation State Planning Regulatory Provisions (the SPRP) —is in an assessable development area or identified koala broad-hectare area under the SPRP; or (ii) involves the clearing of native vegetation— (A) in a category A area or category B area shown on a PMAV; or (B) if there is no PMAV for the lot on which the development is carried out—shown on the regional ecosystem map or remnant map as remnant vegetation. (3) Also, development to which subsection (1) would otherwise apply is not prescribed for section 232(2) of the Act if— (a) any of the following matters apply to the development— (i) the development is on a place in a planning scheme area that on or before 9 June 2011 was a local heritage place, or a place identified under the local government’s planning scheme as a place of cultural heritage significance; (ii) the development interferes with vegetation identified under the local government’s planning scheme on or before 9 June 2011 as vegetation that is protected; (iii) the land on which the development is to be carried out is identified under the local government’s planning scheme as affected or potentially affected by subsidence caused by underground mining; and Current as at 28 May 2014 Page 69
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development (b) within 10 business days after receiving notice of the development under subsection (1)(b), the local government advises the school by written notice that— (i) a matter mentioned in paragraph (a) applies to the development; and (ii) the local government is satisfied that the development may— (A) affect the local heritage place, place of cultural heritage significance or protected vegetation; or (B) be affected by subsidence. South Bank 13 Development within the meaning of the South Bank Corporation Act 1989 , but only until the development completion date under that Act Priority development areas 14 All aspects of development for a priority development area For G20 radiocommunications works 15 All aspects of development carried out on or before 30 June 2015 for the construction, installation, use, maintenance, repair, alteration, decommissioning, demolition or removal of G20 radiocommunications works Page 70 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 4 Table 5—All aspects of development Boot camp centres 17 All aspects of development for a boot camp centre, if all of the following apply in relation to the development— (a) at least 10 business days before the development is started, the boot camp centre provider gives the local government for the area in which the boot camp centre is located written notice of the proposed development; (b) for a facility that involves the installation of external floodlights, the installation complies with each of the following— (i) AS 4282-1997 ‘Control of the Obtrusive Effects of Outdoor Lighting’; (ii) AS 2560.1-2002 ‘Sports Lighting—General Principles’; (c) the development does not involve the construction or extension of any vehicular access to the premises, other than a vehicular access for the following— (i) persons with a disability; (ii) emergency service and other service vehicles; (iii) vehicles used for transporting children who are participating in a boot camp program or persons involved in the operation of a boot camp centre; (d) the development does not reduce the number of dedicated vehicle parking spaces on the land on which the facility is located; (e) for development on land that shares a boundary with residential land— (i) any single storey building is located at least 3m from the boundary; and (ii) any multistorey building or covered outdoor area is located at least 10m from the boundary; (f) all new buildings for the facility are located— (i) at least 6m from a road frontage; or (ii) if any existing building on the land on which the facility is to be located is less than 6m from a road frontage—at least the same distance from the road frontage as the building closest to it Current as at 28 May 2014 Page 71
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Schedule 5 Applicable codes, laws, policies and prescribed matters for particular development section 11 Part 1 Assessable development Table 1—Building work Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment For the Building Act 1 Building work requiring code The relevant provisions of the following, assessment under schedule 3, part 1, as they apply under the Building Act, table 1, item 1 chapter 4, part 1, division 1— (a) the Building Act, chapters 3 and 4; (b) any local law or local planning instrument that the division allows to apply to the assessment; (c) the Queensland Development Code; (d) the BCA Declared fish habitat area 2 Building work requiring code (a) if the chief executive is the assessment under schedule 3, part 1, assessment manager or a referral table 1, item 2 agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency and the development is in a wild river area—any applicable code for the development mentioned in the wild river declaration for the wild river area Page 72 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Table 2—Material change of use Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Environmentally relevant activities 1 Development requiring code (a) if the chief executive is the assessment under schedule 3, part 1, assessment manager or a referral table 2, item 1 agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency— (i) the provisions of chapter 3, part 1, division 3A of the Environmental Protection Regulation 2008 ; and (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Certain brothels 2 Development requiring code The IDAS code mentioned in the assessment under schedule 3, table 2, Prostitution Regulation 2000 , schedule 3 item 2 3 Development requiring impact The following— aitsesmes2sment under schedule 3, table 2, (a) P th r e os ID tit A ut S io c n od R e eg m u e la n t t i i o o n ne 2 d 00 in 0 , the schedule 3; (b) the relevant provision of any local planning instrument Current as at 28 May 2014 Page 73
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Table 2—Material change of use Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Strategic port land 4 Development requiring code (a) for the port authority as the assessment under schedule 3, part 1, assessment manager—the current table 2, item 3 land use plan approved under the Transport Infrastructure Act, section 286; and (b) for the Minister under the Transport Infrastructure Act, as the concurrence agency, section 287A of the Act Airport land 5 Development requiring code or impact The current land use plan for the airport assessment under schedule 3, part 1, land approved under the Airport Assets table 2, item 4 (Restructuring and Disposal) Act 2008 , chapter 3, part 1 Major hazard facilities 6 Development requiring code The relevant provisions of the State assessment under schedule 3, part 1, development assessment provisions table 2, item 5 Contaminated land 7 Development requiring code or impact The relevant provisions of the State assessment under schedule 3, part 1, development assessment provisions table 2, item 6 or 7 Certain aquaculture 8 Development requiring code (a) if the chief executive is the assessment under schedule 3, part 1, assessment manager or a referral table 2, item 10 agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency and the development is in a wild river area—any applicable code for the development mentioned in the wild river declaration for the wild river area Page 74 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Table 2—Material change of use Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Certain agricultural or animal husbandry activities in a wild river area 9 Development requiring code (a) if the chief executive is the assessment under schedule 3, part 1, assessment manager or a referral table 2, item 11 agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency and the development is in a wild river area—any applicable code for the development mentioned in the wild river declaration for the wild river area Table 3—Reconfiguring a lot Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Under the Land Title Act 1994 1 Reconfiguring a lot requiring impact The relevant provisions of any planning assessment under schedule 3, table 3, scheme, temporary local planning item 1 instrument, master plan or preliminary approval to which section 242 of the Act applies Table 4—Operational works Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Clearing native vegetation 1 Development requiring code if the chief executive is the assessment assessment under schedule 3, part 1, manager or a referral agency—the table 4, item 1 relevant provisions of the State development assessment provisions Current as at 28 May 2014 Page 75
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Table 4—Operational works Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Operational works associated with reconfiguring 2 Development requiring code The relevant provisions of any applicable assessment under schedule 3, part 1, planning scheme, temporary local table 4, item 2 planning instrument, master plan or preliminary approval to which section 242 of the Act applies Taking or interfering with water—generally 3 Development requiring code (a) if the chief executive is the assessment under schedule 3, part 1, assessment manager or a referral table 4, item 3, other than item 3(d) or agency—the relevant provisions of (e) the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a referral agency— (i) the relevant provisions of the Water Act 2000 ; and (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Interfering with overland flow water in a declared drainage and embankment area or wild river floodplain management area 4 Development requiring code (a) if the chief executive is the assessment under schedule 3, part 1, assessment manager or a referral table 4, item 3(d) or (e) agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a referral agency— (i) the relevant provisions of the Water Act 2000 ; and (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Page 76 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Table 4—Operational works Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Particular dams 5 Development requiring code The relevant provisions of the State assessment under schedule 3, part 1, development assessment provisions table 4, item 4 Tidal works in local government tidal area 6 Tidal works— (a) the relevant provisions of the (a) in a local government tidal area; following— and (i) the IDAS code in the Coastal (b) requiring code assessment under schedule 3, part 1, table 4, item 5; Protection and Management Regulation 2003 , schedule 4A; and (ii) any applicable planning scheme, (c) for which a local government is the assessment manager temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies; and (b) for a wild river area— (i) the Coastal Protection and Management Act, section 104A; and (ii) any applicable code for the development mentioned in the wild river declaration for the wild river area Tidal works, or work in a coastal management district 7 Tidal works or work in a coastal (a) if the chief executive is the management district— assessment manager or a referral (a) requiring code assessment under schedule 3, part 1, table 4, item 5; and agency—the relevant provisions of the State development assessment provisions; and (b) for which the chief executive is the assessment manager (b) if an entity other than the chief executive is the assessment manager or a concurrence agency and the development is in a wild river area—any applicable code for the development mentioned in the wild river declaration for the wild river area Current as at 28 May 2014 Page 77
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Table 4—Operational works Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Waterway barrier works 8 Development requiring code (a) if the chief executive is the assessment under schedule 3, part 1, assessment manager or a referral table 4, item 6 agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency— (i) the relevant provisions of the Fisheries Act; and (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Works in a declared fish habitat area 9 Development requiring code (a) if the chief executive is the assessment under schedule 3, part 1, assessment manager or a referral table 4, item 7 agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency— (i) the relevant provisions of the Fisheries Act; and (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Page 78 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Table 4—Operational works Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Removal, destruction or damage of marine plants 10 Development requiring code assessment under schedule 3, part 1, table 4, item 8 (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency— (i) the relevant provisions of the Fisheries Act; and (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Certain agricultural or animal husbandry activities in a wild river area 11 Development requiring code assessment under schedule 3, part 1, table 4, item 9 (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency and the development is in a wild river area—any applicable code for the development mentioned in the wild river declaration for the wild river area Construction of new levees or modification of existing levees 12 Construction of a new category 2 levee the IDAS code in the Water Regulation 2002 , schedule 15B 13 Modification of an existing levee if, the IDAS code in the Water Regulation after the modification, the levee will 2002 , schedule 15B fulfil the requirements for a category 2 levee Current as at 28 May 2014 Page 79
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Table 4—Operational works Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment 14 Construction of a new category 3 levee (a) the IDAS code in the Water Regulation 2002 , schedule 15B; and (b) if the chief executive is a referral agency—the relevant provisions of the State development assessment provisions 15 Modification of an existing levee if, (a) the IDAS code in the Water after the modification, the levee will Regulation 2002 , schedule 15B; fulfil the requirements for a category 3 and levee (b) if the chief executive is a referral agency—the relevant provisions of the State development assessment provisions Table 5—Various aspects of development Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Strategic port land 1 On strategic port land other than The current land use plan approved under development requiring code the Transport Infrastructure Act, section assessment under schedule 3, part 1, 286 table 2, item 3 Airport land 2 On airport land other than development The current land use plan for the airport requiring code or impact assessment land approved under the Airport Assets under schedule 3, part 1, table 2, item (Restructuring and Disposal) Act 2008 , 4, if the land use plan for the airport chapter 3, part 1 land approved under the Airport Assets (Restructuring and Disposal) Act 2008 , chapter 3, part 1 states the development is assessable development Page 80 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 5 Part 1 Table 5—Various aspects of development Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Removing quarry material 3 Development requiring code (a) if the chief executive is the assessment under schedule 3, part 1, assessment manager or a referral table 5, item 1 agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a referral agency— (i) the relevant provisions of the Water Act 2000 ; and (ii) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Queensland heritage place 4 Development requiring code The relevant provisions of the State assessment under schedule 3, part 1, development assessment provisions table 5, item 2 Local heritage place 5 Development requiring code The following— assessment under schedule 3, part 1, table 5, item 3 (a) the IDAS code in the Queensland Heritage Regulation 2003 , schedule 2; (b) the relevant provision of any planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies Current as at 28 May 2014 Page 81
Sustainable Planning Regulation 2009 Schedule 5 Part 2 Part 2 Self-assessable development Table 1—Building work Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment By the State, a public sector entity or a local government 1 Building work made self-assessable The relevant provisions of the following, under schedule 3, part 2, table 1, item 1 as they apply under the Building Act, chapter 4, part 1, division 1— (a) the Building Act, chapters 3 and 4; (b) any local law or local planning instrument that the division allows to apply to the assessment; (c) the Queensland Development Code; (d) the BCA For the Building Act 2 Building work made self-assessable The relevant provisions of the following, under schedule 3, part 2, table 1, item 2 as they apply under the Building Act, chapter 4, part 1, division 1— (a) the Building Act, chapters 3 and 4; (b) any local law or local planning instrument that the division allows to apply to the assessment; (c) the Queensland Development Code; (d) the BCA Declared fish habitat area 3 Building work made self-assessable (a) the IDAS codes mentioned in the under schedule 3, part 2, table 1, item 3 Fisheries Regulation 2008 , section 702; and (b) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Page 82 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 5 Part 2 Table 2—Material change of use Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Certain aquaculture 1 Aquaculture made self-assessable (a) the IDAS codes mentioned in the under schedule 3, part 2, table 2, item 1 Fisheries Regulation 2008 , section 703; and (b) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Table 3—Reconfiguring a lot 1 Table not used Table 4—Operational work Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Taking or interfering with water 1 Taking or interfering with water under (a) the codes mentioned in the Water the Water Act 2000 made Regulation 2002 , section 62; and s2e,ltfa- baslese4s, siatbelme u1nder schedule 3, part (b) cfoordae wfoirldthreivdeervaerleoap, maneyntapplicable mentioned in the wild river declaration for the wild river area Waterway barrier works 2 Constructing or raising waterway The IDAS codes mentioned in the barrier works made self-assessable Fisheries Regulation 2008 , section 704 under schedule 3, part 2, table 4, item 2 Current as at 28 May 2014 Page 83
Sustainable Planning Regulation 2009 Schedule 5 Part 2 Table 4—Operational work Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Works in a declared fish habitat area 3 Completely or partly within a declared (a) the IDAS codes mentioned in the fish habitat area made self-assessable Fisheries Regulation 2008 , section under schedule 3, part 2, table 4, item 3 705; and (b) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Removal, destruction or damage of marine plants 4 The removal, destruction or damage of (a) the IDAS codes mentioned in the a marine plant made self-assessable Fisheries Regulation 2008 , section under schedule 3, part 2, table 4, item 4 706; and (b) for a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area Local government roads 5 Works on local government roads The code mentioned in the Transport made self-assessable under schedule 3, Planning and Coordination Regulation part 2, table 4, item 5 2005 , section 3 High impact earthworks in a wetland protection area 6 High impact earthworks for The code called ‘Self-assessable government supported transport code—Wetland protection areas in Great infrastructure in a wetland protection Barrier Reef catchments’ under the State area made self-assessable under Planning Policy 2013 schedule 3, part 2, table 4, item 6 7 High impact earthworks for electricity The code called ‘Self-assessable infrastructure in a wetland protection code—Wetland protection areas in Great area made self-assessable under Barrier Reef catchments’ under the State schedule 3, part 2, table 4, item 7 Planning Policy 2013 For tidal works, or works within a coastal management district 8 Operational work made self-assessable The code for the self-assessable under schedule 3, part 2, table 4, item 8 operational work declared under the Coastal Protection and Management Regulation 2003 to be a code for IDAS Page 84 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 5 Table 4—Operational work Column 1 Development Column 2 Codes, laws, policies and prescribed matters that may apply for assessment Construction of new levees or modification of existing levees 9 Construction of a new category 1 levee the code mentioned in the Water Regulation 2002 , section 62(e) 10 Modification of an existing levee if, the code mentioned in the Water after the modification, the levee will Regulation 2002 , section 62(e) fulfil the requirements for a category 1 levee Current as at 28 May 2014 Page 85
Sustainable Planning Regulation 2009 Schedule 6 Schedule 6 Assessment manager for development applications section 12 Table 1 Column 1 Application type Column 2 Assessment manager Local government planning schemes and local government tidal areas 1 If the application is for— Local government (a) development completely in a single local government area and— (i) any aspect of the development is assessable against the planning scheme, a temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies; or (ii) is for building work, that, under the Building Act, is assessable against the building assessment provisions; or (iii) is for reconfiguring a lot; or (iv) is for a brothel; or (v) is operational works associated with reconfiguring a lot; or (b) prescribed tidal work completely in a single local government tidal area; or (c) prescribed tidal work partly in a single local government tidal area and in no other local government tidal area or port authority’s strategic port land tidal area; or (d) prescribed tidal work starting in a local government tidal area and extending into another local government’s tidal area but in no port authority’s strategic port land tidal area; or (e) operational work mentioned in schedule 3, part 1, table 4, item 5(b)(iii) and the work is associated with reconfiguring a lot Page 86 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 6 Table 2 Column 1 Application type Column 2 Assessment manager Strategic port land and strategic port land tidal areas 1 If table 1 does not apply and the application is for— Port authority (a) development completely in a single port authority’s strategic port land; or (b) tidal works completely in a single port authority’s strategic port land tidal area; or (c) tidal works partly in a single port authority’s strategic port land tidal area and in no local government tidal area or another port authority’s strategic port land tidal area Airport land 2 If table 1 does not apply and the application is for development completely or partly on airport land, whether or not the development includes tidal works The chief executive Table 3 Column 1 Application type Column 2 Assessment manager Environmentally relevant activities 1 If tables 1 and 2 do not apply and the application is for— for an (a) development for an environmentally relevant activity; and environmentally relevant activity that is devolved to a local (b) no other assessable development government under the Environmental Protection Regulation 2008, the local government for all other environmentally relevant activities mentioned in column 1, the chief executive Current as at 28 May 2014 Page 87
Sustainable Planning Regulation 2009 Schedule 6 Table 3 Column 1 Application type Column 2 Assessment manager Vegetation clearing 2 If tables 1 and 2 do not apply and the application is for— The chief executive (a) operational work for the clearing of native vegetation; and (b) no other assessable development Taking or interfering with water 3 If tables 1 and 2 do not apply and the application is for— The chief executive (a) operational work for the taking or interfering with water under the Water Act 2000 ; and (b) no other assessable development 3A If tables 1 and 2 do not apply and the application is for— The chief executive (a) operational work for the construction of a dam, or that is carried out in relation to a dam, if, because of the work, the dam must be failure impact assessed; and (b) no other assessable development Major hazard facilities 4 If tables 1 and 2 do not apply and the application is for— The chief executive (a) material change of use for a major hazard facility or proposed major hazard facility; and (b) no other assessable development Quarrying in a watercourse or lake 5 If tables 1 and 2 do not apply and the application is for— The chief executive (a) removing quarry material from a watercourse or lake if an allocation notice is required under the Water Act 2000 ; and (b) no other assessable development Page 88 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 6 Table 3 Column 1 Application type Column 2 Assessment manager Tidal works or work within a coastal management district 6 If tables 1 and 2 do not apply and the application is for— The chief executive (a) operational work that is— (i) tidal works not in a port authority’s strategic port land tidal area or in local government’s tidal area; or (ii) work carried out completely or partly within a coastal management district; and (b) no other assessable development Development on Queensland heritage place 7 If tables 1 and 2 do not apply and the application is for— The chief executive (a) assessable development on a Queensland heritage place; and (b) no other assessable development Development on local heritage place 8 If tables 1 and 2 do not apply and the application is for— The local (a) assessable development on a local heritage place; and government for the place (b) no other assessable development Contaminated land management 9 If tables 1 and 2 do not apply and the application is for— The chief executive (a) assessable development under schedule 3, part 1, table 2, item 6 or 7; and (b) no other assessable development Aquaculture 10 If tables 1 and 2 do not apply and the application is for— The chief executive (a) material change of use for aquaculture under the Fisheries Act; and (b) no other assessable development Current as at 28 May 2014 Page 89
Sustainable Planning Regulation 2009 Schedule 6 Table 3 Column 1 Application type Column 2 Assessment manager Fisheries development other than aquaculture 11 If tables 1 and 2 do not apply and the application is for— The chief executive (a) building work in a declared fish habitat area or operational work that is 1 or more of the following— (i) constructing or raising waterway barrier works; (ii) work carried out completely or partly within a declared fish habitat area; (iii) removal, destruction or damage of a marine plant; and (b) no other assessable development For a wild river area 12 If tables 1 and 2 do not apply and the application is for— The chief executive (a) assessable development under— (i) schedule 3, part 1, table 2, item 11; or (ii) schedule 3, part 1, table 4, item 9; and (b) no other assessable development Development in wetland protection area 13 If tables 1 and 2 do not apply and the application is for— The chief executive (a) assessable development under schedule 3, part 1, table 4, item 10; and (b) no other assessable development Construction of new levees or modification of existing levees 14 If tables 1 and 2 do not apply and the application is for operational work that is— (a) construction of a new category 2 levee or a new category 3 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee or a category 3 levee The local government for the local government area where the new levee is proposed to be constructed or the existing levee is located Page 90 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 6 Table 4 Column 1 Application type Column 2 Assessment manager Applications involving multiple jurisdictions 1 If tables 1, 2 and 3 do not apply and the application is for— The chief executive (a) 2 or more aspects of development mentioned in table 3, item 1(a), 2(a), 3(a), 4(a), 5(a), 6(a), 7(a), 9(a), 10(a), 11(a), 12(a) or 13(a); and (b) no other assessable development Table 5 Column 1 Application type Decided by the Minister 1 Development not stated in tables 1 to 4 Column 2 Assessment manager The entity decided by the Minister administering the Act Current as at 28 May 2014 Page 91
Sustainable Planning Regulation 2009 Schedule 6 Table 6 Column 1 Application type Column 2 Assessment manager Concurrence agency assessment manager 1 An application— The entity that would (a) uafosnsrdeaesnrsmsaesecpnteitocmtnoa2fn8ad7ge( ve1re) ( ltoch)pamtoafeptnhpte, roaAvcacolt, nftocourlrdtrhetehneacsepaegcetncy, cfhooarvnetchubereraeepnnpctlehiceaagtieonncy must be a preliminary approval only; and (b) if the preliminary approval states that the assessment manager does not require any further assessment of the proposal in relation to the development permit; and (c) if the application is for the development permit only for the aspect of development for which the preliminary approval was given Page 92 Current as at 28 May 2014
Schedule 7 Sustainable Planning Regulation 2009 Schedule 7 Referral agencies and their jurisdictions section 13 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Fire safety system—generally 1 A fire safety system for a building Queensland Fire or structure, other than a temporary and Emergency structure or special structure as Service—as an defined in the Building Act, advice agency schedule 2, if the building work— (a) requires special fire services mentioned in schedule 8, part 1; or (b) includes an alternative solution assessed against the performance requirements of the BCA, volume 1, or the Queensland Development Code, part 2.2, for the fire safety system; or For the special fire services mentioned in schedule 8, part 1—the matters mentioned in schedule 8, part 2 For item 1(b) and (c)—the Building Act, chapters 3 and 4 (c) includes an alternative solution assessed against the relevant performance requirements of the BCA or the performance criteria stated in the Queensland Development Code, part 2.3, for the fire safety system Current as at 28 May 2014 Page 93
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Fire safety system—budget accommodation buildings 2 A fire safety system for a budget Queensland Fire accommodation building as defined and Emergency in the Building Act, section 216, if Service—as an the work involves a solution— advice agency (a) assessed against— The fire safety management procedures under the Fire and Emergency Services Act 1990 (i) the performance criteria stated in the Queensland Development Code, part 2.1; or (ii) the performance requirements of the BCA, volumes 1 and 2, for the fire safety system; and (b) that includes fire safety management procedures as a condition of the use and occupation of the building Water-based fire safety installations 2A A water-based fire safety installation for a building or structure, if the building work includes— (a) the installation of the water-based fire safety installation; and Queensland Fire and Emergency Service—as a concurrence agency Compliance with the performance criteria 3, 4 and 5 of the Queensland Development Code, part 6.1. (b) an alternative solution assessed against the performance criteria 3, 4 and 5 of the Queensland Development Code, part 6.1 Page 94 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Residential care buildings 3 A residential care building under Queensland Fire the Queensland Development Code, and Emergency part 2.2 Service—as an advice agency For item A2 of the acceptable solutions stated in the Queensland Development Code, part 2.2—compliance with the Queensland Development Code, part 2.2, schedule 2 For item P2 of the performance criteria stated in the Queensland Development Code, part 2.2—the fire and evacuation plan for the building under the Fire and Emergency Services Act 1990 Workplace involving spray painting 4 A workplace involving spray The regulator under The performance painting if— the Work Health criteria stated in the (a) the Queensland Development Code, part 5.8, applies to the work; and and Safety Act Queensland 2011 —as a Development Code, concurrence agency part 5.8 (b) the work is required to comply with performance criteria for the work (other than by an acceptable solution) Retail meat premises 5 A retail meat premises if— Safe Food The performance (a) the Queensland Development Code, part 5.3, applies to the work; and Queensland—as a criteria stated in the concurrence agency Queensland Development Code, part 5.3 (b) the work is required to comply with performance criteria for the work (other than by an acceptable solution) Current as at 28 May 2014 Page 95
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Private health facilities 6 A private health facility if— The chief health The performance (a) the Queensland Development Code, part 5.5, applies to the work; and officer under the criteria stated in the Health Act Queensland 1937 —as a Development Code, concurrence agency part 5.5 (b) the work is required to comply with performance criteria for the work (other than by an acceptable solution) Workplace area less than 2.3m 2 7 A workplace area less than 2.3m 2 The regulator under The performance if— the Work Health criteria stated in the (a) the Queensland Development Code, part 5.1, applies to the work; and and Safety Act Queensland 2011 —as an advice Development Code, agency part 5.1 (b) the work is required to comply with the performance criteria for work areas, other than by the acceptable solution for work areas Page 96 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction State-controlled road 8 Building work if— The chief The purpose of the (a) any part of the land is— executive—as a Act concurrence agency (i) within 25m of a State-controlled road; or (ii) future State-controlled road; and (b) the building work is not associated with— (i) a material change of use mentioned in table 3, item 1; or (ii) reconfiguring a lot mentioned in table 2, item 2; or (iii) government supported transport infrastructure; and (c) the building work is for a non-residential purpose; and (d) the building work involves the redirection or intensification of site stormwater from the land, through a pipe with a cross-sectional area greater than 625cm 2 , to a State-controlled road or future State-controlled road Pastoral workers’ accommodation 9 Pastoral worker’s accommodation The chief executive The performance if— administering the criteria stated in the (a) the Queensland Development Code, part 5.6, applies to the work; and Pastoral Workers’ Queensland Accommodation Act Development Code, 1980 —as a part 5.6 concurrence agency (b) the work is required to comply with the performance criteria for accommodation stated in the part (other than by an acceptable solution) Current as at 28 May 2014 Page 97
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Coastal management districts 11 Building work on land completely The chief The purpose of the or partly seaward of a coastal executive—as a Act building line under the Coastal concurrence agency Protection and Management Act Queensland heritage place 12 Building work on a Queensland heritage place The chief The purpose of the executive—as a Act concurrence agency Local heritage place 13 Building work on a local heritage place The local government—as a concurrence agency The following— (a) IDAS code in the Queensland Heritage Regulation 2003 , schedule 2; (b) the relevant provision of any planning scheme Public passenger transport 14 Building work on future public The chief The purpose of the passenger transport corridor, if the executive—as a Act building work is not associated concurrence agency with— (a) reconfiguring a lot mentioned in table 2, item 33; or (b) a material change of use mentioned in table 3, item 14; or (c) government supported transport infrastructure Page 98 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Railways 16 Building work on future railway land, if the building work is not associated with— The chief The purpose of the executive—as a Act concurrence agency (a) reconfiguring a lot mentioned in table 2, item 34; or (b) a material change of use mentioned in table 3, item 15A; or (c) government supported transport infrastructure Amenity and aesthetic impact of particular building work 17 Building work for a building or The local The amenity and structure if it is— government—as a aesthetic impact of (a) a single detached class 1(a)(i) building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a class concurrence agency the building or structure if the building work is carried out 10 building or structure; and (b) in a locality and of a form for which the local government has, by resolution or in its planning scheme, declared that the form may— (i) have an extremely adverse effect on the amenity, or likely amenity, of the locality; or (ii) be in extreme conflict with the character of the locality Whether particular buildings may be occupied for residential purposes 18 Building work for a building, other The local Approval to use the than a class 1, 2, 3 or 4 building, for government—as a building for residential purposes concurrence agency residential purposes Current as at 28 May 2014 Page 99
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Design and siting 19 If— The local Whether the (a) the Queensland Development Code, part 1.1, 1.2 or 1.3 applies for building work; and government—as a proposed building or concurrence agency structure complies with the performance criteria (b) under the part, the proposed building or structure does not include an acceptable solution for a relevant performance criteria under the part 20 If— The local Whether the (a) under the Building Act, section 33, an alternative provision applies for the building work; and government—as a concurrence agency proposed building or structure complies with the qualitative statement (b) under the provision, the proposed building or structure is not of the quantifiable standard for a relevant qualitative statement under the provision 21 If— The local Whether the (a) under the Building Regulation 2006 , section 10, a local planning instrument makes a provision about a matter government—as a proposed building or concurrence agency structure complies with the qualitative statement provided for under performance criteria 4, 5, 7, 8 or 9 of the Queensland Development Code, part 1.1 or 1.2; and (b) the provision applies for building work; and (c) under the provision, the proposed building or structure is not of the quantifiable standard for a relevant qualitative statement under the provision Page 100 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Fire safety in particular budget accommodation buildings 22 Building work required to ensure a The local Whether, after the building complies, under the government—as a building work is Building Act, section 220, with the concurrence agency completed, the fire safety standard under that Act building will comply with the fire safety standard under the Building Act Higher risk personal appearance services 23 Building work if— The local Whether the building (a) the Queensland Development Code, part 5.2, applies to the work; and government—as a work complies with concurrence agency the performance criteria mentioned in the part that are (b) the work does not comply with relevant to the an acceptable solution stated in acceptable solution the part Building work for residential service 24 Building work for premises in The local Whether, if the which a residential service under government—as a building work is the Residential Services concurrence agency carried out, the (Accreditation) Act 2002 , section 4, premises would is conducted, or is proposed to be comply with the conducted requirements stated in the Queensland Development Code, part 5.7 Current as at 28 May 2014 Page 101
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Building work for removal or rebuilding 25 Building work relating to any of the The local Deciding— following— (a) the removal of a building or cgoonvceurnrrmenencet—agaesnacy (a) lwohcaelther the other structure, whether for government rebuilding at another site or should require not; security, of no (b) the rebuilding of a building or other structure removed from another site more than the value of the building work, for the performance of the work; and (b) if security is required—its amount and form Building work for particular class 1 buildings 26 Building work for a class 1(a)(i) The local The provisions of the building, or a class 1(a)(ii) building government—as a planning scheme that comprising not more than 2 concurrence agency would apply for the attached dwellings, if any material development change of use associated with the application if building work— schedule 4, table 2, (a) is for a residential purpose in a residential zone; and item 2 did not apply for the use (b) would have required a development permit if schedule 4, table 2, item 2 did not apply for the use Temporary accommodation buildings 27 Building work for a temporary The local Performance criteria accommodation building as defined government—as a 1 of the Queensland under the Building Regulation concurrence agency Development Code, 2006 , section 54A if— part 3.3 (a) the Queensland Development Code, part 3.3 applies to the work; and (b) the requirements of acceptable solution A1 stated in the part are not complied with Page 102 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Building work for Queensland Development Code, part 1.4 27A Building work if— (a) the Queensland Development Code, part 1.4 applies to the work in relation to a sewer, water main or stormwater drain; and (b) either— The relevant service provider—as a concurrence agency Whether the proposed building or structure complies with the performance criteria in relation to the sewer, water main or stormwater drain. (i) the work does not comply with an acceptable solution for a relevant performance criteria stated in the part; or (ii) the work is for a class of building or structure for which the part does not state an acceptable solution; and (c) the relevant service provider is not the applicant Building work for Queensland Development Code, part 4.1 28 Building work for development to The local Whether the which item P13 of the performance government—as a proposed criteria stated in the Queensland concurrence agency development Development Code, part 4.1, complies with item applies if the building development P13 of the application does not cover end of performance criteria trip facilities under that item stated in the Queensland Development Code, part 4.1 Building work for class 1 buildings on premises with on-site wastewater management system 29 Building work for a class 1 building The local Compliance with the if— government—as a QPW code, part 1, (a) hthaevebuainldoinng-siisteown apsrteemwiasteesrthat concurrence agency Ppe2rformance criteria management system, as defined under the QPW code, installed; and (b) the work involves adding one or more bedrooms to the building Current as at 28 May 2014 Page 103
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction Flood hazard area 30 Building work for a lot if— The local Whether the defined (a) athnedlot is in a flood hazard area; gcoonvceurnrrmenencet— agaesnacy dtfhleoevoebdluolipeldvmienelgnsttated in (b) the local government has application is declared under the Building appropriate having Regulation 2006 , section 13 a regard to all or any of defined flood level for the part the following— of the flood hazard area within which the lot is located; and (a) any flood modelling (c) the defined flood level stated in carried out for the building development the lot or all or application is lower than the part of the defined flood level declared by flood hazard the local government area within which the lot is located; (b) any recorded flood levels for all or part of the flood hazard area within which the lot is located; (c) any other matter the local government considers relevant Page 104 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 1—For building work assessable against the Building Act Column 1 Application involving Column 2 Column 3 Referral agency Referral and type jurisdiction 31 Building work for a lot if— The local Whether the (a) athnedlot is in a flood hazard area; gcoonvceurnrrmenencet— agaesnacy mvsteaaltoxecidmitiyunmothffewlobawuteilrding (b) the local government has development declared under the Building application is Regulation 2006 , section 13 a appropriate having maximum flow velocity of regard to all or any of water for the part of the flood the following— hazard area within which the lot is located; and (a) any flood modelling carried (c) the maximum flow velocity of out for the lot or water stated in the building all or part of the development application is flood hazard area lower than the maximum flow within which the velocity of water declared by lot is located; the local government (b) any flow velocity of water that has been recorded for a flood for— (i) all or part of the flood hazard area within which the lot is located; or (ii) the part of the lot on which the building work is to be carried out; (c) any other matter the local government considers relevant Current as at 28 May 2014 Page 105
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Environmentally relevant activities 1 A material change of use for an environmentally relevant activity made assessable under schedule 3, part 1, table 2, item 1 (a) for an environmentally relevant activity that is devolved to a local government under the Environmental Protection Regulation 2008 , the local government—as a concurrence agency (b) for all other environmentally relevant activities mentioned in column 1, the chief executive—as a concurrence agency For an environmentally relevant activity mentioned opposite in column 2, paragraph (a), the purposes of the Environmental Protection Act to the extent it applies to each environmental objective mentioned in the Environmental Protection Regulation 2008 , schedule 5, part 3, table 2 For an environmentally relevant activity mentioned opposite in column 2, paragraph (b), the purpose of the Act Page 106 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction State-controlled road 2 Reconfiguring a lot if— (a) any part of the land— (i) is within 25m of a State-controlled road; or The chief The purpose of the executive—as a Act concurrence agency (ii) is future State-controlled road; or (iii) abuts a road that intersects with a State-controlled road that is within 100m of the land; and (b) 1 or more of the following apply— (i) the total number of lots is increased; (ii) the total number of lots abutting the State-controlled road is increased; (iii) there is a new or changed access between the land and the State-controlled road Current as at 28 May 2014 Page 107
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction 3 Operational work, other than work The chief The purpose of the associated with a material change of executive—as a Act use mentioned in table 3, item 1, concurrence agency operational work associated with reconfiguring a lot mentioned in item 2 of this table, or work for government supported transport infrastructure, if— (a) any part of the land— (i) is within 25m of a State-controlled road; or (ii) is future State-controlled road; and (b) the work— (i) is associated with access to the State-controlled road or future State-controlled road; or (ii) is for filling or excavation; or (iii) involves the redirection or intensification of site stormwater from the land, through a pipe with a cross-sectional area greater than 625cm 2 , to a State-controlled road or future State-controlled road Page 108 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Clearing vegetation 4 Reconfiguring a lot that is 5ha or The chief larger, if— executive—as a (a) the size of any lot created is 25ha, concurrence agency or smaller; and The purpose of the Act (b) either— (i) the reconfiguring involves operational work made assessable under schedule 3, part 1, table 4, item 1, other than operational work that is only the clearing of regulated regrowth vegetation; or (ii) on any lot created, additional exempt operational work, other than operational work that is only the clearing of regulated regrowth vegetation, could be carried out 5 Operational work, not associated with reconfiguring a lot mentioned in item 4 or a material change of use mentioned in table 3, item 10, for clearing native vegetation made assessable under schedule 3, part 1, table 4, item 1 The chief executive—as a concurrence agency The purpose of the Act Strategic port land 6 A material change of use on strategic port land made assessable under schedule 3, part 1, table 2, item 3 The Minister under the Transport Infrastructure Act—as a concurrence agency The purposes of the Transport Infrastructure Act Major hazard facilities 8 Material change of use of premises The chief The purpose of the for a major hazard facility or executive—as a Act proposed major hazard facility concurrence agency Current as at 28 May 2014 Page 109
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Taking or interfering with water 9 Operational work for taking or The chief The purpose of the interfering with water under the executive—as a Act Water Act 2000 made assessable concurrence agency under schedule 3, part 1, table 4, item 3, other than paragraphs (d) or (e) Interfering with water in drainage and embankment areas or wild river floodplain management areas 10 Operational work for taking or interfering with water under the Water Act 2000 The chief The purpose of the executive—as a Act concurrence agency (a) made assessable under schedule 3, part 1, table 4, item 3(d) or (e); and (b) either— (i) in a wild river floodplain management area; or (ii) in a drainage and embankment area under that Act controlling the flow of water into or out of a watercourse, lake or spring Particular dams 11 Operational work for the construction of a dam, or that is carried out in relation to a dam, made assessable under schedule 3, part 1, table 4, item 4 The chief The purpose of the executive—as a Act concurrence agency Removal of quarry material 12 Development, for the removal of quarry material, made assessable under schedule 3, part 1, table 5, item 1 The chief The purpose of the executive—as a Act concurrence agency Page 110 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Tidal works, or development in a coastal management district 13 Operational work made assessable under schedule 3, part 1, table 4, item 5, other than— The chief The purpose of the executive—as a Act concurrence agency (a) prescribed tidal work in a canal; or (b) work that is for the installation, maintenance or repair of overhead cables or lines that extend over tidal water; or (c) work that is for the construction, installation, maintenance or repair of pipelines, cables or lines under tidal water 14 Reconfiguring a lot made assessable The chief The purpose of the under schedule 3, part 1, table 3, executive—as a Act item 1 if— concurrence agency (a) the land is situated completely or partly within a coastal management district; or (b) the reconfiguration is in connection with the construction of a canal 15 Operational work made assessable under schedule 3, part 1, table 4, item 5, that is— The chief The purpose of the executive—as a Act concurrence agency (a) tidal works; or (b) disposing of dredge spoil or other solid waste material in tidal water; or (c) reclaiming land under tidal water; or (d) constructing a canal, if the canal is associated with reconfiguring a lot Current as at 28 May 2014 Page 111
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction 15B Operational work made assessable under schedule 3, part 1, table 4, item 5, carried out in Gold Coast waters that is— (a) tidal works; or (b) disposing of dredge spoil or other solid waste material in tidal water; or The Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012 —as a concurrence agency The purposes of the Gold Coast Waterways Authority Act 2012 (c) reclaiming land under tidal water; or (d) constructing a canal, if the canal is associated with reconfiguring a lot 16 Development on land below high-water mark and within the limits of a port under the Transport Infrastructure Act if the development is— The chief executive of the port authority for the land—as a concurrence agency Port authority functions under the Transport Infrastructure Act, chapter 8, part 3 (a) within 200m of a shipping channel or an entry and exit shipping corridor for the port; or (b) within 100m of a swing basin, a commercial shipping wharf, a mooring, anchorage or spoil grounds; or (c) within 1000m of a planned port facility identified in a land use plan 17 Development on land below The chief executive Port authority high-water mark and within the of the port authority functions under the limits of a port under the Transport for the land—as an Transport Infrastructure Act, other than advice agency Infrastructure Act, development in an area mentioned in chapter 8, part 3 item 16 Page 112 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction 18 Operational work made assessable Queensland Fire and The fire safety under schedule 3, part 1, table 4, Emergency management item 5, that— Service—as an procedures under (a) is tidal works; and advice agency the Fire and Emergency Services (b) involves a marina, as defined Act under the Transport Operations (Marine Pollution) Act 1995 , with more than 6 vessel berths Queensland heritage place 19 Development on a Queensland heritage place made assessable under schedule 3, part 1, table 5, item 2 The chief The purpose of the executive—as a Act concurrence agency Electricity infrastructure 21 Reconfiguring a lot if— (a) any part of the lot is subject to an easement in favour of a distribution entity or transmission entity under the Electricity Act 1994 and the easement is for a transmission grid or supply network under that Act; or The chief executive of the entity—as an advice agency The purposes of the Electricity Act 1994 and the Electrical Safety Act 2002 (b) any part of the lot is situated within 100m of a substation site Contaminated land 22 Reconfiguring a lot if all or part of The chief The purpose of the the premises are— executive—as a Act (a) potentially affected premises; or concurrence agency (b) in an area for which an area management advice has been given for unexploded ordnance 23 A material change of use made The chief The purpose of the assessable under schedule 3, part 1, executive—as a Act table 2, item 6 or 7 concurrence agency Current as at 28 May 2014 Page 113
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Works or other development in or adjoining a fish habitat area 25 Building work in a declared fish habitat area made assessable under schedule 3, part 1, table 1, item 2 The chief The purpose of the executive—as a Act concurrence agency 26 Operational work, completely or The chief The purpose of the partly within a declared fish habitat executive—as a Act area, made assessable under concurrence agency schedule 3, part 1, table 4, item 7 27 Development on land that adjoins a The chief The purpose of the declared fish habitat area made executive—as a Act assessable under schedule 3, part 1 concurrence agency Certain aquaculture 28 A material change of use of The chief The purpose of the premises for aquaculture made executive—as a Act assessable under schedule 3, part 1, concurrence agency table 2, item 10 Constructing or raising waterway barrier works 29 Operational work that is the The chief The purpose of the constructing or raising of a executive—as a Act waterway barrier works made concurrence agency assessable under schedule 3, part 1, table 4, item 6 Removal, destruction or damage of marine plants 30 Operational work that is the The chief The purpose of the removal, destruction or damage of a executive—as a Act marine plant made assessable under concurrence agency schedule 3, part 1, table 4, item 8 31 Reconfiguring a lot, if the The chief The purpose of the reconfiguration involves operational executive—as a Act work that is the removal, destruction concurrence agency or damage of a marine plant and there is no development permit for the operational work Page 114 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction 32 A material change of use of The chief The purpose of the premises, if the material change of executive—as a Act use involves operational work that is concurrence agency the removal, destruction or damage of a marine plant and there is no development permit for the operational work Public passenger transport 33 Reconfiguring a lot if any part of the The chief The purpose of the land is— executive—as a Act (a) within 25m of a public concurrence agency passenger transport corridor and 1 or both of the following apply— (i) the total number of lots is increased; (ii) an easement abutting the corridor is created; or (b) future public passenger transport corridor Railways 34 Reconfiguring a lot if any part of the The chief The purpose of the land is— executive—as a Act (a) within 25m of a railway or concurrence agency future railway land and 1 or both of the following apply— (i) the total number of lots is increased; (ii) an easement abutting the railway or future railway land is created; or (b) future railway land Current as at 28 May 2014 Page 115
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction State-controlled transport tunnels 34A Reconfiguring a lot if any part of the land is, or is within 50m of— (a) a State-controlled transport tunnel; or The chief executive—as a concurrence agency The purpose of the Act (b) a future State-controlled transport tunnel Oil and gas infrastructure 35 Reconfiguring a lot if any part of the If the holder of the The purposes of the lot is subject to an easement in licence is not an Petroleum Act 1923 favour of the holder of pipeline individual, the chief and the Petroleum licence number 1 issued under the executive of the and Gas Petroleum Act 1923 and the holder—as an (Production and easement is for the construction or advice agency Safety) Act 2004 ostpraetreagtiiocnpoipfetlhieneMuonodneirethtoatBAricstbane lIifctehnecehoisldaenr of the individual, the holder—as an advice agency Regional plans 39 Reconfiguring a lot to which division 3 of the State planning regulatory provisions for the SEQ region applies The chief executive —as a concurrence agency The State planning regulatory provisions for the SEQ region Certain agricultural or animal husbandry activities in a wild river area 41 A material change of use of premises, for agricultural activities or animal husbandry activities in a wild river area, made assessable under schedule 3, part 1, table 2, item 11 The chief The purpose of the executive—as a Act concurrence agency 42 Operational work, for agricultural The chief The purpose of the activities or animal husbandry executive—as a Act activities in a wild river area, made concurrence agency assessable under schedule 3, part 1, table 4, item 9 Page 116 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Land in or near a wetland 43A Reconfiguring a lot if— (a) any part of the land is situated in a wetland protection area; and The chief The purpose of the executive—as a Act concurrence agency (b) the reconfiguration results in more than 6 lots, or any lot created is less than 5ha; and (c) the reconfiguration involves operational work that is high impact earthworks in a wetland protection area, other than for a domestic housing activity 43B Operational work made assessable under schedule 3, part 1, table 4, item 10 if the chief executive is not the assessment manager The chief executive —as a concurrence agency The purpose of the Act Land in distributor-retailer’s geographic area 47 Reconfiguring a lot made assessable The The effects of the under schedule 3, part 1, table 3, distributor-retailer development on a item 1, or operational work for for which the local water service or reconfiguring a lot made assessable government is a wastewater service under schedule 3, part 1, table 4, participating local of a item 2, if— government—as a distributor-retailer (a) the land is in the area of a local concurrence agency government that, under the Note SEQ Water Act, is a Under the SEQ participating local government Water Act, this for a distributor-retailer; and jurisdiction is (b) the participating local government is the assessment delegated to the local government. manager; and (c) the development application is made before 1 July 2014 Current as at 28 May 2014 Page 117
Sustainable Planning Regulation 2009 Schedule 7 Table 2—Other development made assessable under schedule 3 (whether or not the development is also assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies) Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Construction of new levees or modification of existing levees 48 Operational work that is— The chief The purpose of the (a) 3colnesvtereu; cotiron of a new category cexoenccuutrirveen—ceaasgaency Act (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction State-controlled road 1 Making a material change of use The chief The purpose of the of premises if any part of the executive—as a Act land— concurrence agency (a) is within 25m of a State-controlled road; or (b) is future State-controlled road; or (c) abuts a road that intersects with a State-controlled road within 100m of the land Page 118 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction 1A Operational work, other than work The chief associated with a material change executive—as a of use mentioned in item 1 of this concurrence agency table, operational work associated with reconfiguring a lot mentioned in table 2, item 2, or work for government supported transport infrastructure, if— The purpose of the Act (a) any part of the land— (i) is within 25m of a State-controlled road; or (ii) is future State-controlled road; and (b) the work— (i) is associated with access to the State-controlled road or future State-controlled road; or (ii) is for filling or excavation; or (iii) involves the redirection or intensification of site stormwater from the land, through a pipe with a cross-sectional area greater than 625cm 2 , to a State-controlled road or future State-controlled road Current as at 28 May 2014 Page 119
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Development impacting on State transport infrastructure 2 An aspect of development The chief The purpose of the identified in schedule 9 that— executive—as a Act (a) is for a purpose mentioned in concurrence agency schedule 9, column 1; and (b) meets or exceeds the threshold— (i) for development in LGA population 1—mentioned in schedule 9, column 2 for the purpose; or (ii) for development in LGA population 2—mentioned in schedule 9, column 3 for the purpose. However, if the development is for a combination of purposes mentioned in the same item of schedule 9, the threshold is for the combination of purposes and not for each purpose individually. Page 120 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Coastal management districts 5 Material change of use, if carrying The chief The purpose of the out the change of use will executive—as a Act involve— concurrence agency (a) operational work, other than excluded work, carried out completely or partly in a coastal management district; or (b) building work, carried out completely or partly in a coastal management district, that is— (i) the construction of new premises with a GFA of at least 1000m 2 ; or (ii) the enlargement of the GFA of existing premises by more than 1000m 2 Land designated for community infrastructure 6 Development on land designated The chief The purpose of the for community infrastructure— executive—as a Act (a) intended to be supplied by a concurrence agency public sector entity; and (b) on land not owned by or on behalf of the State; and (c) other than development— (i) for the designated purpose; or (ii) carried out by, or on behalf of, the designator Current as at 28 May 2014 Page 121
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Electricity infrastructure 7 A material change of use not The chief executive The purposes under associated with reconfiguring a lot of the entity—as an the Electricity Act if— advice agency 1994 and the (a) any part of the premises is subject to an easement in Electrical Safety Act 2002 favour of a distribution entity or transmission entity under the Electricity Act 1994 and the easement is for a transmission grid or supply network under that Act; and (b) any structure or work that is the natural and ordinary consequence of the use is, or will be, located completely or partly in the easement 8 A material change of use not The chief executive The purposes under associated with reconfiguring a lot of the entity—as an the Electricity Act if any part of the premises is advice agency 1994 and the situated within 100m of a Electrical Safety Act substation site 2002 9 Operational work that is filling or The chief executive The purposes under excavation, not associated with of the entity—as an the Electricity Act reconfiguring a lot, if— advice agency 1994 and the (a) any part of the premises is subject to an easement in Electrical Safety Act 2002 favour of a distribution entity or transmission entity under the Electricity Act 1994 and the work is located completely or partly in the easement; or (b) the work is located completely or partly within 10m of a substation site Page 122 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Clearing vegetation 10 Material change of use of a lot that is 5ha or larger, if— (a) for development for which a preliminary approval is sought under the Act, section 242, the lot contains native vegetation shown on the regulated vegetation management map as a category A area or category B area; or The chief executive—as a concurrence agency The purpose of the Act (b) for other development that is not sole or community residence clearing— (i) additional exempt operational work could be carried out because of the material change of use or the development involves operational work made assessable under schedule 3, part 1, table 4, item 1; and (ii) the additional exempt operational work or assessable operational work includes development other than the clearing of regulated regrowth vegetation on freehold land, indigenous land or land the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes Current as at 28 May 2014 Page 123
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Contaminated land 11 A material change of use if all or The chief part of the premises is in an area executive—as a for which an area management concurrence agency advice has been given for unexploded ordnance The purpose of the Act Regional plans 12 A material change of use to which The chief executive division 2 of the State planning administering the regulatory provisions for the SEQ Act—as a region applies concurrence agency The State planning regulatory provisions for the SEQ region Public passenger transport 14 Development— The chief (a) that is either— executive—as a concurrence agency (i) a material change of use of premises; or The purpose of the Act (ii) operational work not associated with— (A) a material change of use of premises; or (B) reconfiguring a lot as mentioned in table 2, item 33; or (C) government supported transport infrastructure; and (b) if any part of the land is— (i) within 25m of a public passenger transport corridor; or (ii) future public passenger transport corridor Page 124 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Railways 15A A material change of use of premises if any part of the land is— The chief executive—as a concurrence agency The purpose of the Act (a) within 25m of a railway or future railway land; or (b) future railway land 15B Operational work involving extracting, excavating or filling more than 50m 3 , other than work associated with a material change of use mentioned in item 15A(a) of this table, reconfiguring a lot mentioned in table 2, item 34, or government supported transport infrastructure, if the land is— The chief executive—as a concurrence agency The purpose of the Act (a) within 25m of a railway or future railway land; or (b) future railway land Current as at 28 May 2014 Page 125
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction State-controlled transport tunnels 15C A material change of use of premises, or operational work other than work associated with a material change of use of premises or reconfiguring a lot as mentioned in table 2, item 34A, if the land is— The chief executive—as a concurrence agency The purpose of the Act (a) a State-controlled transport tunnel; or (b) a future State-controlled transport tunnel; or (c) within 50m of a State-controlled transport tunnel or future State- controlled transport tunnel Oil and gas infrastructure 16 A material change of use not If the holder of the The purposes of the associated with reconfiguring a lot licence is not an Petroleum Act 1923 if— individual, the chief and the Petroleum (a) aahnnoyledpaesarerotmfoefpnittpheienllionfatevilsoicusuernbocjfeecthteto ahexgoeeldcneucrty— iveasofanthaedvice aanndd SGaafset(yP) rAocdtu2ct0i0o4n number 1 issued under the If the holder of the Petroleum Act 1923 and the licence is an easement is for the individual, the construction or operation of holder—as an advice the Moonie to Brisbane agency strategic pipeline under that Act; and (b) any structure or work that is the natural and ordinary consequence of the use is, or will be, located completely or partly in the easement Page 126 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction 17 Operational work that is filling, If the holder of the The purposes of the excavation, compaction, drilling, licence is not an Petroleum Act 1923 boring or piling not associated individual, the chief and the Petroleum with reconfiguring a lot, if any executive of the and Gas (Production part of the premises is subject to holder—as an advice and Safety) Act 2004 an easement in favour of the agency holder of pipeline licence number 1 issued under the Petroleum Act 1923 and the work is located completely or partly in the easement If the holder of the licence is an individual, the holder—as an advice agency Land in or near a wetland 21A Material change of use, other than a material change of use relating to a domestic housing activity, government supported transport infrastructure or electricity infrastructure, if— The chief executive—as a concurrence agency The purpose of the Act (a) any part of the land is situated in a wetland protection area; and (b) the material change of use involves operational work that is high impact earthworks in a wetland protection area Removal, destruction or damage of marine plants 25 A material change of use of The chief premises if the material change of executive—as a use involves operational work that concurrence agency is the removal, destruction or damage of marine plants, and there is no development permit in effect for the operational work The purpose of the Act Current as at 28 May 2014 Page 127
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction Development in distributor-retailer’s geographic area 26 Development in the area of a local The The effects of the government that, under the SEQ distributor-retailer for development on a Water Act, is a participating local which the local water service or government for a government is a wastewater service of distributor-retailer, if the participating local a distributor-retailer development application is made government—as a before 1 July 2014 concurrence agency Note Under the SEQ Water Act, this jurisdiction is delegated to the local government. Particular development on SCL or potential SCL 27 Material change of use, other than The chief a use or in an area mentioned in executive—as a schedule 13A, of a lot of 5ha or concurrence agency larger if the footprint for the change of use is— The purpose of the Act (a) wholly or partly on SCL or potential SCL; and (b) more than 750m 2 Page 128 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7 Table 3—Development made assessable under a planning scheme, temporary local planning instrument, preliminary approval to which section 242 of the Act applies or State planning regulatory provisions Column 1 Application involving Column 2 Referral agency and type Column 3 Referral jurisdiction 28 Reconfiguring a lot, other than in The chief an area mentioned in schedule executive—as a 13A, if, under the reconfiguration, concurrence agency any lot with SCL or potential SCL in it is less than 15ha The purpose of the Act 29 A material change of use (not The Minister relating to a significant project) in administering the a protection area— SCL Act—as a (a) for which the chief executive concurrence agency is a concurrence agency under item 27; and The SCL Act, chapter 4 (b) the carrying out of which will have a permanent impact on SCL or potential SCL; and (c) the footprint of which is more than 3000m 2 Current as at 28 May 2014 Page 129
Sustainable Planning Regulation 2009 Schedule 7A Schedule 7A Particular assessment manager and concurrence agency application fees sections 21A and 21B Part 1 Preliminary 1 Meaning of symbols used in sch 7A In column 4, for an entry for an aspect of development mentioned in column 2— A means the fee stated opposite in column 3 is the assessment manager application fee for a development application for that aspect of development; and C means the fee stated opposite in column 3 is the concurrence agency application fee for a development application for that aspect of development. Part 2 Application fees 12 34 Development to which application relates Application fee Brisbane core port land 1 Development on Brisbane core port land that is assessable development under the Brisbane port LUP— (a) if the development is consistent with the Brisbane port LUP and requires code assessment (b) if the development is inconsistent with the Brisbane port LUP and requires— 5 126.85 A Page 130 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7A 12 34 Development to which application relates Application fee (i) code assessment; or (ii) impact assessment 7 690.55 17 867.00 A A Environmentally relevant activities 2 A material change of use of premises for an environmentally relevant activity 570.30 A, C Clearing vegetation 3 Operational work that is the clearing of vegetation, for reconfiguring a lot— (a) if the reconfiguration is the reconfiguration of 1 lot to create 2 lots (b) otherwise 378.40 A, C 5 714.25 A, C 4 A material change of use of a lot mentioned in schedule 7, table 3, item 10 5 Operational work that is the clearing of native vegetation, other than for reconfiguring a lot or for a material change of use of premises— (a) for a project declared to be a coordinated project under the State Development and Public Works Organisation Act 1971 , section 26; or (b) for establishing a necessary fence, firebreak, road, vehicular track or necessary built infrastructure— (i) if the total area to be cleared is less than 5ha; or (ii) otherwise 5 714.25 A, C 5 714.25 A, C 378.40 A, C 1 370.35 A, C (c) that is associated with development for an extractive industry— (i) if the industry is in a key resource area; or 3 428.95 A, C (ii) otherwise 1 370.35 A, C Current as at 28 May 2014 Page 131
Sustainable Planning Regulation 2009 Schedule 7A 12 34 Development to which application relates Application fee (d) that is a natural and ordinary consequence of other assessable development for which— (i) a development approval was given under the repealed IPA; or (ii) an application was made under that Act, before 16 May 2003 (e) for fodder harvesting 378.40 A, C 378.40 A, C (f) for thinning 378.40 A, C (g) for clearing of encroachment 378.40 A, C (h) for high value agriculture clearing or irrigated high value agriculture clearing— (i) if the total area to be cleared is 30ha or less— (A) for an area that includes an endangered regional ecosystem or of concern regional ecosystem; or (B) otherwise; or 1 370.35 A, C 378.40 A, C (ii) if the total area to be cleared is more than 30ha but 250ha or less; or (iii) if the total area to be cleared is more than 250ha; or (i) for necessary environmental clearing— 3 428.95 A, C 5 714.25 A, C (i) if the clearing is necessary to restore the ecological and environmental condition of land; or (ii) if the clearing is necessary to divert existing natural channels in a way that replicates the existing form of the natural channels— (A) if the total area to be cleared is 5ha or less; or (B) otherwise; or nil 3 428.95 A, C 5 714.25 A, C Page 132 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7A 12 34 Development to which application relates Application fee (iii) if the clearing is necessary to prepare for the likelihood of a natural disaster; or (iv) if the clearing is necessary to remove contaminants from land; or (j) if the clearing is necessary for controlling non-native vegetation or declared pests (k) if the clearing is necessary for ensuring public safety Taking or interfering with water 6 Operational work for taking or interfering with water under the Water Act 2000 , other than operational work for the construction of a dam or that is carried out in relation to a dam (a) if the application is made with an application for a water licence under the Water Act 2000 (b) otherwise nil nil nil nil nil 109.80 A, C Quarrying in a watercourse or lake 8 Operational work for removing quarry material from a watercourse or lake if an allocation notice is required under the Water Act 2000 109.80 A, C Tidal works or work within a coastal management district 9 A material change of use of premises completely or partly within a coastal management district— (a) if the material change of use is associated with the construction of an artificial waterway 20 123.50 C (b) otherwise 2 007.90 C 10 Reconfiguring a lot completely or partly within a coastal management district— (a) if the reconfiguration is associated with the construction of an artificial waterway (b) otherwise, for reconfiguring the lot to create— 20 123.50 C (i) 1 or 2 lots 666.55 C Current as at 28 May 2014 Page 133
Sustainable Planning Regulation 2009 Schedule 7A 12 34 Development to which application relates Application fee (ii) 3 lots 1 001.90 C (iii) 4 lots 1 338.25 C (iv) 5 lots 1 673.60 C (v) more than 5 lots 2 007.90 C 11 Operational work that is undertaking tidal works, or works completely or partly within a coastal management district— (a) for tidal works that are to include works within the boundaries of an artificial waterway—for each metre, or part of a metre, of land fronting the works; or (b) for works for a private purpose, other than works to which paragraph (a) applies— (i) relating to only 1 residence; 13.90 A, C 267.95 A, C (ii) relating to 2 or more residences, but not to a structure used for used for berthing a vessel (iii) relating to 2 or more residences and 1 or more structures used for berthing a vessel—for each structure; or (c) for works for another purpose for which the value of the completed works is— (i) $10000 or less; or 267.95 A, C 267.95 A, C 693.45 A, C (ii) more than $10000 but no more than $25000; or (iii) more than $25000 but no more than $50000; or (iv) more than $50000 but no more than $100000; or (v) more than $100000 but no more than $250000; or (vi) more than $250000 but no more than $500000; or 1 229.60 A, C 1 470.75 A, C 2 451.90 A, C 2 947.70 A, C 3 888.50 A, C Page 134 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7A 12 34 Development to which application relates Application fee (vii) more than $500000 but no more than $1 million; or (viii) more than $1 million but no more than $2.5 million; or (ix) more than $2.5 million but no more than $5 million; or (x) more than $5 million but no more than $10 million; or (xi) more than $10 million but no more than $25 million; or (xii) more than $25 million 6 837.20 A, C 8 314.15 A, C 13 950.75 A, C 16 097.35 A, C 22 805.20 A, C 26 831.35 A, C (d) for works for coastal management purposes that involve beach nourishment, stinger net enclosures, fencing of coastal dunes or re-vegetation of coastal dunes with endemic native vegetation; or (e) for works directly related to the provision of lifesaving or rescue services by a volunteer community organisation Aquaculture 12 A material change of use of premises for aquaculture— nil nil (a) for which there is not more than 1 referral agency for the application— (i) if the premises is in the area mentioned in a resource allocation authority for the development (ii) if the aquaculture is carried out in a tank, pond or hatchery on land and the material change of use is not expected to cause the discharge of waste into Queensland waters (iii) if the aquaculture is carried out in a tank, pond or hatchery on land and the material change of use is expected to cause the discharge of waste into Queensland waters (b) for which there are 2 or more referral agencies for the application— 2 218.85 658.55 3 588.70 2 028.40 A C A C 5 448.20 3 887.90 A C Current as at 28 May 2014 Page 135
Sustainable Planning Regulation 2009 Schedule 7A 12 34 Development to which application relates Application fee (i) if paragraph (a)(i) applies; or 3 649.25 658.55 A C (ii) if paragraph (a)(ii) applies; or 5 109.10 2 028.40 A C (iii) if paragraph (a)(iii) applies 6 878.55 3 887.90 A C Fisheries development other than aquaculture 13 Operational work for constructing or raising waterway barrier works— (a) for which there is not more than 1 referral agency for the application and 1 or more of the following apply— 2 218.85 658.55 A C (i) the applicant has a fish movement exemption notice for the application that is in force; (ii) the waterway barrier works— (A) are to be constructed or raised in a non-tidal waterway; and (B) are to be in place for more than 1 year; and (C) are not waterway barrier works to which the temporary waterway barrier works code applies; (iii) the waterway barrier works are a bridge to be constructed— (A) in the bankfull width of a waterway; and (B) without a scour protection component; (b) for which there are 2 or more referral agencies for the application and 1 or more of paragraphs (a)(i) to (iii) apply 3 649.25 658.55 A C 14 Operational work for constructing or raising waterway barrier works— Page 136 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7A 12 3 Development to which application relates Application fee (a) for which there is not more than 1 referral agency for the application and 1 or more of the following apply— 3 588.70 2 084.40 (i) the waterway barrier works are expected to be capable of impounding a maximum of 1000 megalitres; (ii) the waterway barrier works are to be constructed or raised— (A) in the bankfull width of a waterway; and (B) with a scour protection component; (iii) the waterway barrier works— (A) are expected to cross a non-tidal waterway; and (B) are not waterway barrier works to which the minor waterway barrier works code applies; (iv) the waterway barrier works— (A) are to be in place for more than 1 year; and (B) are not waterway barrier works to which the temporary waterway barrier works code applies; (v) items 15 and 16 do not apply to the waterway barrier works; (b) for which there are 2 or more referral agencies for the application and 1 or more of paragraphs (a)(i) to (v) apply 5 019.10 2 084.40 15 Operational work for constructing or raising waterway barrier works— (a) for which there is not more than 1 referral agency for the application and 1 or more of the following apply— 5 448.20 3 887.90 4 A C A C A C Current as at 28 May 2014 Page 137
Sustainable Planning Regulation 2009 Schedule 7A 12 3 Development to which application relates Application fee (i) the waterway barrier works are expected to be capable of impounding a maximum of more than 1000 megalitres, but no more than 30000 megalitres; (ii) the waterway barrier works are to be in place for less than 1 year; (iii) the waterway barrier works are to be constructed or raised— (A) in the bankfull width of a waterway; and (B) with a scour protection component; (iv) the waterway barrier works— (A) are to be in a tidal area; and (B) are not waterway barrier works to which the minor waterway barrier works code applies; (v) the waterway barrier works— (A) are to be in a tidal area; and (B) are to be in place for less than 1 year; (vi) the waterway barrier works are to be constructed or raised in— (A) a mainstream waterway; or (B) a major tributary; (b) for which there are 2 or more referral agencies for the application and 1 or more of paragraphs (a)(i) to (vi) apply 6 878.60 3 887.90 16 Operational work for constructing or raising waterway barrier works that are expected to be capable of impounding a maximum of more than 30000 megalitres and require construction of a fishway— 4 A C Page 138 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7A 12 3 Development to which application relates Application fee (a) for which there is not more than 1 referral agency for the application 21 335.50 19 775.20 (b) for which there are 2 or more referral agencies for the application 22 765.90 19 775.20 4 A C A C 17 Operational work completely or partly within a declared fish habitat area— (a) for which there is not more than 1 referral agency for the application— (i) if the resource allocation authority for the operational work authorises all the operational work (ii) otherwise (b) for which there are 2 or more referral agencies for the application and paragraph (a)(i) applies (c) for which there are 2 or more referral agencies for the application and paragraph (a)(ii) applies 18 Operational work that is the removal, destruction or damage of marine plants— (a) for which there is not more than 1 referral agency for the application and 1 or more of the following apply— (i) the operational work is the removal, destruction or damage of marine plants covering an area of less than 5m 2 ; (ii) the operational work is for the restoration of a declared fish habitat area; (iii) the operational work is the removal of dead marine wood, from land other than unallocated State land, for trade or commerce; 2 218.85 658.55 3 588.70 2 028.40 3 649.25 658.55 5 019.10 658.55 A C A C A C A C 2 218.85 658.55 A C Current as at 28 May 2014 Page 139
Sustainable Planning Regulation 2009 Schedule 7A 12 3 Development to which application relates Application fee (iv) before the operational work is to start, the marine plants cover an area of less than 500m 2 that is above the level of the highest astronomical tide; (v) the operational work is for education or research or for monitoring the impact of development on marine plants; (vi) the operational work relates to works described as public (community benefit) works under the fish habitat management operational policy; (vii) the operational work is for beach replenishment for the protection of infrastructure; or (b) for which there are 2 or more referral agencies for the application and 1 or more of paragraphs (a)(i) to (vii) apply 3 649.25 658.55 19 Operational work that is the removal, destruction or damage of marine plants— (a) for which there is not more than 1 referral agency for the application and 1 or more of the following apply— 3 588.70 2 028.40 (i) the operational work— (A) is the removal, destruction or damage of plants covering an area of at least 5m 2 , but less than 50m 2 ; and (B) is expected to cause a loss of capacity of tidal land; (ii) the operational work— (A) is the removal, destruction or damage of plants covering an area of less than 100m 2 ; and (B) is not expected to cause a loss of capacity of tidal land; 4 A C A C Page 140 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7A 12 3 Development to which application relates Application fee (iii) the plants cover an area of more than 500m 2 that is above the level of the highest astronomical tide; (iv) the plants cover an area up to 50 per cent greater than the area described under the maintenance works declared fish habitat area code as the maximum allowable disturbance for removing, destroying or damaging marine plants and for works in a declared fish habitat area around an existing lawful structure; (b) for which there are 2 or more referral agencies for the application and 1 or more of paragraphs (a)(i) to (iv) apply 5 019.10 2 028.40 20 Operational work that is the removal, destruction or damage of marine plants— (a) for which there is not more than 1 referral agency for the application and 1 or more of the following apply— 5 448.20 3 887.90 (i) the operational work— (A) is the removal, destruction or damage of plants covering an area of at least 50m 2 , but less than 250m 2 ; and (B) is expected to cause a loss of capacity of tidal land; (ii) the operational work— (A) is the removal, destruction or damage of plants covering an area of at least 100m 2 , but less than 500m 2 ; and (B) is not expected to cause a loss of capacity of tidal land; or (b) for which there are 2 or more referral agencies for the application and paragraph (a)(i) or (ii) applies 6 878.60 2 028.40 4 A C A C A C 21 Operational work that is the removal, destruction or damage of a marine plant— Current as at 28 May 2014 Page 141
Sustainable Planning Regulation 2009 Schedule 7A 12 3 Development to which application relates Application fee (a) for which there is not more than 1 referral agency for the application and 1 or more of the following apply— 9 503.75 7 943.40 (i) the operational work— (A) is the removal, destruction or damage of plants covering an area of at least 250m 2 , but less than 500m 2 ; and (B) is expected to cause a loss of capacity of tidal land; (ii) the operational work— (A) is the removal, destruction or damage of plants covering an area of at least 500m 2 ; and (B) is not expected to cause a loss of capacity of tidal land (b) for which there are 2 or more referral agencies for the application and paragraph (a)(i) or (ii) applies 10 934.10 7 943.40 4 A C A C 22 Operational work that is the removal, destruction or damage of marine plants covering an area of at least 500m 2 and is expected to cause a loss of capacity of tidal land— (a) for which there is not more than 1 referral agency for the application 21 335.50 19 775.20 A C (b) for which there are 2 or more referral agencies for the application 22 765.90 19 775.20 A C Wetland protection areas 23 High impact earthworks in a wetland protection area associated with a material change of use of premises— (a) for urban purposes (b) for any other purpose— 5 548.65 A, C Page 142 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 7A 12 34 Development to which application relates Application fee (i) if the premises is at least 200m from the closest point on any boundary of a wetland (ii) if the premises is less than 200m from the closest point on any boundary of a wetland 24 High impact earthworks in a wetland protection area associated with reconfiguring a lot— (a) for urban purposes 554.75 A, C 2 219.05 A, C 5 548.65 C (b) for any other purpose— (i) if the lot is at least 200m from the closest point on any boundary of a wetland (ii) if the lot is less than 200m from the closest point on any boundary of a wetland 25 High impact earthworks in a wetland protection area other than high impact earthworks mentioned in item 23 or 24— (a) for urban purposes 554.75 2 219.05 C C 5 548.65 A, C (b) for any other purpose— (i) if the high impact earthworks are carried out at least 200m from the closest point on any boundary of a wetland (ii) if the high impact earthworks are carried out less than 200m from the closest point on any boundary of a wetland SCL or potential SCL 26 Reconfiguring a lot completely or partly on SCL or potential SCL 27 A material change of use of premises completely or partly on SCL or potential SCL— (a) if the footprint of the material change of use of the premises is no more than 3000m 2 554.75 A, C 2 219.05 A, C 535.10 A, C 535.10 A, C Current as at 28 May 2014 Page 143
Sustainable Planning Regulation 2009 Schedule 7A 12 34 Development to which application relates Application fee (b) if the footprint of the material change of use of the premises is more than 3000m 2 but no more than 10000m 2 (c) if the footprint of the material change of use of the premises is more than 10000m 2 9 678.30 A, C 29 194.25 A, C Page 144 Current as at 28 May 2014
Schedule 8 Sustainable Planning Regulation 2009 Schedule 8 Special fire services and referral jurisdiction of Queensland Fire and Emergency Service for them schedule 7, table 1, item 1 Part 1 Special fire services 1 air-handling systems used for smoke control 2 emergency lifts 3 emergency sound systems and intercom systems 4 fire control centres 5 fire detection and alarm systems (other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel) 6 fire hydrants 7 fire mains (other than fire mains that connect only fire hose reels) 8 services provided under conditions imposed under the Building Act, section 79 Editor’s note Building Act, section 79 (Hazardous buildings) 9 services required under the BCA, clause E1.10 10 smoke and heat venting systems 11 smoke exhaust systems 12 special automatic fire suppression systems (including foam, deluge and gas flooding systems) 13 sprinklers (including wall-wetting sprinklers) Current as at 28 May 2014 Page 145
Sustainable Planning Regulation 2009 Schedule 8 14 stairwell pressurisation systems 15 vehicular access for large isolated buildings Part 2 Referral jurisdiction Smoke control systems achievement of specified performance of systems suitability of automatic detector operation of stairwell pressurisation systems, smoke-and-heat vents and smoke exhaust systems suitability of operational controls and indicators Emergency lifts operation of fire service controls in lifts Emergency sound systems and intercom systems achievement of specified performance of sound systems and intercom systems operation of interface of sound systems and intercom systems location of main emergency control panel and warden intercom points suitability of warning tone and sound pressure levels under test Fire control centres location of control centre suitability of contents, ventilation, signage, lighting and sound levels of control centre Page 146 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 8 Fire detection and alarm systems (other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel) achievement of specified performance of detection and alarm systems location and operation of main fire indicator panel, sub-indicator panels, mimic panels, repeater panels, strobe lights and directional signs operation of direct fire service alarm suitability of nominated types of detection in all areas, and the location of manual call points suitability of weather protection, accessibility and lighting of equipment if the sensitivity of a fire detection or alarm system can be varied—suitability of the sensitivity setting having regard to the location of the system and the Australian Standard for that system Firefighting equipment achievement of specified performance location and suitability of booster connections and enclosures location and suitability of internal and roof hydrants and external hydrants including fire separation from adjacent buildings operation of fixed pump-set controls and status indication provision of additional hydrant services as mentioned in AS 2419 provision of suitable facilities for testing internal hydrants provisions for connection of fire authority portable relay booster pump provisions for hard standing for fire appliances Current as at 28 May 2014 Page 147
Sustainable Planning Regulation 2009 Schedule 8 Hazardous buildings suitability of special fire services and site requirements for hazardous buildings mentioned in the Building Act, section 79 Provision for special hazards suitability of special fire services for the protection of special hazards as mentioned in the BCA, clause E1.10 Special automatic fire suppression systems achievement of specified performance location of control valves provision of access for fire service vehicles provision of interface with other systems and direct fire service alarm suitability of extinguishment media Sprinklers operation of direct fire service alarm and location of directional signs operation of pump-set controls and status indications provision of suitable fire protection for special hazards as mentioned in AS 2118 the location of valve room, pump-sets, water alarm and booster point Wall-wetting sprinklers location of isolating valves provision of suitable signs Page 148 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 8 Large isolated buildings suitability of site provisions for access by fire authority vehicles Current as at 28 May 2014 Page 149
Sustainable Planning Regulation 2009 Schedule 9 Schedule 9 Development impacting on State transport infrastructure and thresholds schedule 7, table 3, item 2 Column 1 Purpose Column 2 Threshold for LGA population 1 Column 3 Threshold for LGA population 2 Material change of use made assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies 1 Accommodation activities, other 200 dwellings or 50 dwellings or than a hotel or residential care premises designed to premises designed to facility accommodate 300 accommodate 75 people people 2 Club 3 Hotel 4 Function facility 8000m 2 GFA or seating capacity for 1500 people 4000m 2 GFA or seating capacity for 1500 people 5 Theatre 6 Shop 8000m 2 GFA 4000m 2 GFA 7 Showroom 8 Shopping centre (including theatres, food and drink outlets and offices) 10 Office 5000m 2 TSA 5000m 2 TSA 12 Hospital 100 beds 50 beds 13 Residential care facility 14 Mixed use—any combination of 16000m 2 GFA accommodation activities, (combined total) business activities, entertainment activities or recreation activities 8000m 2 GFA (combined total) Page 150 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 9 Column 1 Purpose 15 Educational establishment that is 1, or a combination, of the following— (a) a primary school; (b) a secondary school; (c) a college; (d) a university; (e) a technical institute 16 Tourist attraction 17 Major sport, recreation and entertainment facility 18 Extractive industry 19 High impact industry 20 Noxious and hazardous industries (other than an abattoir) 21 Intensive animal industries 22 Noxious and hazardous industry that is an abattoir 23 One, or a combination, of the following— (a) warehouse; (b) medium impact industry; (c) low impact industry 24 Car park (including heavy vehicle parking) 25 Airport, bus or ferry terminal Column 2 Threshold for LGA population 1 All new establishments and extensions to existing establishments likely to accommodate an additional 100 students or 4 classrooms 5000m 2 TSA or if totally indoor 8000m 2 GFA Using machinery having an annual throughput of product of 10000t Total facility capacity of— (a) for cattle—2000 head; or (b) for pigs—3000 head; or (c) for sheep— 10000 head; or (d) for poultry— 200000 birds 16000m 2 GFA (combined total) 5000m 2 TSA All Column 3 Threshold for LGA population 2 All new establishments and extensions to existing establishments likely to accommodate an additional 100 students or 4 classrooms 5000m 2 TSA or if totally indoor 4000m 2 GFA Using machinery having an annual throughput of product of 10000t Total facility capacity of— (a) for cattle—2000 head; or (b) for pigs—3000 head; or (c) for sheep— 10000 head; or (d) for poultry— 200000 birds 8000m 2 GFA (combined total) 5000m 2 TSA All Current as at 28 May 2014 Page 151
Sustainable Planning Regulation 2009 Schedule 9 Column 1 Purpose Column 2 Threshold for LGA population 1 Reconfiguring a lot 27 Accommodation activities 200 dwellings 28 Business activities 12000m 2 TSA (combined total) 29 Industry activities 32000m 2 TSA (combined total) Operational works 30 Filling or excavation not 10000t associated with a material change of use or reconfiguring a lot Column 3 Threshold for LGA population 2 50 dwellings 3000m 2 TSA (combined total) 16000m 2 TSA (combined total) 10000t Page 152 Current as at 28 May 2014
Sustainable Planning Regulation 2009 Schedule 13A Schedule 13A Excluded matters for SCL or potential SCL concurrence agency jurisdiction schedule 7, table 3, items 27 and 28 1 any of the following as defined under the standard planning scheme provisions— animal husbandry animal keeping aquaculture cropping a home based business intensive animal industries intensive horticulture landing outdoor lighting roadside stalls a winery 2 a domestic housing activity 3 a building, structure or activity supporting cropping on SCL or potential SCL 4 an urban area 5 an area zoned under a planning scheme for rural residential or future rural residential purposes 6 an area described as urban footprint under a regional plan or State planning regulatory provision 7 a key resource area Current as at 28 May 2014 Page 153
Sustainable Planning Regulation 2009 Schedule 13A 8 community infrastructure mentioned in schedule 2 9 a saleyard Page 154 Current as at 28 May 2014
Schedule 15 Sustainable Planning Regulation 2009 Schedule 15 Referral agency assessment periods section 15 Column 1 Column 2 Name of referral agency Referral agency’s assessment period (in business days) 1 The local government, as the concurrence agency for— (a) building work to demolish or remove any building or structure or rebuild, after removal, any building or structure; or 10 (b) building assessment work, as defined in the Building Act, section 7, for a single detached class 1(a)(i) building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a class 10 building; or 10 (c) other building assessment work 15 2 Chief executive of the department in which the Pastoral Workers’ Accommodation Act 1980 is administered 20 3 Queensland Fire and Emergency Service 15 4 The relevant service provider as the concurrence 20 agency for building work on a lot that contains, or is adjacent to a lot that contains, a sewer, water main or stormwater drain operated by or for the relevant service provider. Current as at 28 May 2014 Page 155
Sustainable Planning Regulation 2009 Schedule 18 Schedule 18 Compliance assessment of particular development section 18 Table 1—Reconfiguring a lot Preliminary matters 1 Development for which Reconfiguring a lot if— icsormeqpuliiarnecde assessment (a) itnhteore2cloontsfiognurlaatniodninisatnheinsduubsdtirviaislizoonnoefo1r lot residential zone (other than a park residential zone or rural residential zone); and (b) the size of any lot created is at least the minimum lot size for the zone stated in the planning scheme, a temporary local planning