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legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed.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