Sustainable Planning Act 2009

An Act for a framework to integrate planning and development assessment so that development and its effects are managed in a way that is ecologically sustainable, and for related purposes

1Short title

This Act may be cited as the Sustainable Planning Act 2009 .

2Commencement

This Act commences on a day to be fixed by proclamation.

3Purpose of Act

The purpose of this Act is to seek to achieve ecological sustainability by—

(a)managing the process by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; and

(b)managing the effects of development on the environment, including managing the use of premises; and

(c)continuing the coordination and integration of planning at the local, regional and State levels.

4Advancing Act’s purpose

(1)If, under this Act, a function or power is conferred on an entity, the entity must—

(a)unless paragraph (b) or (c) applies—perform the function or exercise the power in a way that advances this Act’s purpose; or

(b)if the entity is an assessment manager other than a local government—in assessing and deciding a matter under this Act, have regard to this Act’s purpose; or

(c)if the entity is a referral agency other than a local government (unless the local government is acting as a referral agency under devolved or delegated powers)—in assessing and deciding a matter under this Act, have regard to this Act’s purpose.

(2) Subsection (1) does not apply to code assessment or compliance assessment under this Act.

5What advancing Act’s purpose includes

(1)Advancing this Act’s purpose includes—

(a)ensuring decision-making processes—

(i)are accountable, coordinated, effective and efficient; and

(ii)take account of short and long-term environmental effects of development at local, regional, State and wider levels, including, for example, the effects of development on climate change; and

(iii)apply the precautionary principle; and

(iv)seek to provide for equity between present and future generations; and

(b)ensuring the sustainable use of renewable natural resources and the prudent use of non-renewable natural resources by, for example, considering alternatives to the use of non-renewable natural resources; and

(c)avoiding, if practicable, or otherwise lessening, adverse environmental effects of development, including, for example—

(i)climate change and urban congestion; and

(ii)adverse effects on human health; and

(d)considering housing choice and diversity, and economic diversity; and

(e)supplying infrastructure in a coordinated, efficient and orderly way, including encouraging urban development in areas where adequate infrastructure exists or can be provided efficiently; and

(f)applying standards of amenity, conservation, energy, health and safety in the built environment that are cost-effective and for the public benefit; and

(g)providing opportunities for community involvement in decision making.

(2)For subsection (1) (a) (iii), the precautionary principle is the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage.

(3)In this section—

natural resources includes biological, energy, extractive, land and water resources that are important to economic development because of their contribution to employment generation and wealth creation.

6Definitions

The dictionary in schedule 3 defines particular words used in this Act.

7Meaning of development

Development is any of the following—

(a)carrying out building work;

(b)carrying out plumbing or drainage work;

(c)carrying out operational work;

(d)reconfiguring a lot;

(e)making a material change of use of premises.

8Meaning of ecological sustainability

Ecological sustainability is a balance that integrates—

(a)protection of ecological processes and natural systems at local, regional, State and wider levels; and

(b)economic development; and

(c)maintenance of the cultural, economic, physical and social wellbeing of people and communities.

9Meaning of lawful use

A use of premises is a lawful use of the premises if—

(a)the use is a natural and ordinary consequence of making a material change of use of the premises; and

(b)the making of the material change of use was in compliance with this Act.

10Definitions for terms used in development

(1)In this Act—

building work—

1

Building work means—

(a)building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; or

(b)work regulated under the building assessment provisions, other than IDAS; or

(c)excavating or filling—

(i)for, or incidental to, the activities mentioned in paragraph (a); or

(ii)that may adversely affect the stability of a building or other structure, whether on the land on which the building or other structure is situated or on adjoining land; or

(d)supporting (whether vertically or laterally) land for activities mentioned in paragraph (a).

2

Building work, for administering IDAS in relation to a Queensland heritage place, includes any of the following—

(a)altering, repairing, maintaining or moving a built, natural or landscape feature on the place;

(b)excavating, filling or other disturbances to land that damage, expose or move archaeological artefacts or underwater cultural heritage artefacts, as defined under the Queensland Heritage Act 1992 , on the place;

(c)altering, repairing or removing artefacts that contribute to the place’s cultural heritage significance, including, for example, furniture and fittings;

(d)altering, repairing or removing building finishes that contribute to the place’s cultural heritage significance, including, for example, paint, wallpaper and plaster.

3

Building work, for administering IDAS in relation to a Queensland heritage place, does not include development for which an exemption certificate has been issued under the Queensland Heritage Act 1992 .

4

Building work does not include undertaking—

(a)operations of any kind and all things constructed or installed that allow taking or interfering with water, other than using a water truck to pump water, under the Water Act 2000 ; or

(b)tidal works; or

(c)work for reconfiguring a lot.

Example for paragraph (c)—

building a retaining wall

lot means—

(a)a lot under the Land Title Act 1994 ; or

(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 ; or

(c)common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or

(d)a lot or common property to which the Building Units and Group Titles Act 1980 continues to apply; or

(e)a community or precinct thoroughfare under the Mixed Use Development Act 1993 ; or

(f)a primary or secondary thoroughfare under the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 .

Note—

The Building Units and Group Titles Act 1980 may continue to apply to the following Acts—

• Integrated Resort Development Act 1987

• Mixed Use Development Act 1993

• Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980

• Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984

• Sanctuary Cove Resort Act 1985 .

material change of use, of premises, means—

(a)the start of a new use of the premises; or

(b)the re-establishment on the premises of a use that has been abandoned; or

(c)a material increase in the intensity or scale of the use of the premises.

operational work—

1

Operational work means—

(a)extracting gravel, rock, sand or soil from the place where it occurs naturally; or

(b)conducting a forest practice; or

(c)excavating or filling that materially affects premises or their use; or

(d)placing an advertising device on premises; or

(e)undertaking work in, on, over or under premises that materially affects premises or their use; or

(f)clearing vegetation, including vegetation to which the Vegetation Management Act applies; or

(g)undertaking operations of any kind and all things constructed or installed that allow taking or interfering with water, other than using a water truck to pump water, under the Water Act 2000 ; or

(h)undertaking—

(i)tidal works; or

(ii)work in a coastal management district; or

(i)constructing or raising waterway barrier works; or

(j)performing work in a declared fish habitat area; or

(k)removing, destroying or damaging a marine plant; or

(l)undertaking roadworks on a local government road.

2

Operational work does not include—

(a)for item 1(a) to (f) and (j), any element of work that is—

(i)building work; or

(ii)drainage work; or

(iii)plumbing work; or

(b)clearing vegetation on—

(i)a forest reserve under the Nature Conservation Act 1992 ; or

(ii)a protected area under the Nature Conservation Act 1992 , section 28; or

(iii)an area declared as a State forest or timber reserve under the Forestry Act 1959 ; or

(iv)a forest entitlement area under the Land Act 1994 .

reconfiguring a lot means—

(a)creating lots by subdividing another lot; or

(b)amalgamating 2 or more lots; or

(c)rearranging the boundaries of a lot by registering a plan of subdivision; or

(d)dividing land into parts by agreement rendering different parts of a lot immediately available for separate disposition or separate occupation, other than by an agreement that is—

(i)a lease for a term, including renewal options, not exceeding 10 years; or

(ii)an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or

(e)creating an easement giving access to a lot from a constructed road.

(2)For the definition of building work in subsection (1), item 1(b), work includes a management procedure or other activity relating to a building or structure even though the activity does not involve a structural change to the building or structure.

Example—

a management procedure under the fire safety standard under the Building Act relating to a budget accommodation building

s 10 amd 2009 No. 42 s 26; 2012 No. 16 s 64; 2014 No. 61 s 82 sch 1

11Explanation of terms used in ecological sustainability

For section 8—

(a)ecological processes and natural systems are protected if—

(i)the life-supporting capacities of air, ecosystems, soil and water are conserved, enhanced or restored for present and future generations; and

(ii)biological diversity is protected; and

(b)economic development takes place if there are diverse, efficient, resilient and strong economies (including local, regional and State economies) enabling communities to meet their present needs while not compromising the ability of future generations to meet their needs; and

(c)the cultural, economic, physical and social wellbeing of people and communities is maintained if—

(i)well-serviced and healthy communities with affordable, efficient, safe and sustainable development are created and maintained; and

(ii)areas and places of special aesthetic, architectural, cultural, historic, scientific, social or spiritual significance are conserved or enhanced; and

(iii)integrated networks of pleasant and safe public areas for aesthetic enjoyment and cultural, recreational or social interaction are provided; and

(iv)potential adverse impacts on climate change are taken into account for development, and sought to be addressed through sustainable development, including, for example, sustainable settlement patterns and sustainable urban design.

12Meaning of words in Act prevail over planning instruments

If a word in a planning instrument has a meaning that is inconsistent with the meaning of the same word in this Act, the meaning of the word in this Act prevails to the extent of the inconsistency.

13References in Act to particular terms

In a provision of this Act about a development application, a reference to—

(a)the applicant is a reference to the person who made the application; and

(b)development, or the development, is a reference to development the subject of the application; and

(c)the assessment manager is a reference to the assessment manager for the application; and

(d)a referral agency, concurrence agency or advice agency is a reference to a referral agency, concurrence agency or advice agency for the application; and

(e)the local government is a reference to the local government for the local government area where the development is proposed; and

(f)an information request is a reference to an information request for assessing the application; and

(g)the acknowledgement notice is a reference to the acknowledgement notice for the application; and

(h)a referral agency’s response is a reference to a referral agency’s response for the application; and

(i)the development approval is a reference to the development approval for the application; and

(j)the land is a reference to the land the subject of the application; and

(k)the premises is a reference to the premises the subject of the application; and

(l)the planning scheme is a reference to the planning scheme for the locality where the development is proposed; and

(m)a submitter is a reference to a submitter for the application; and

(n)the decision notice or negotiated decision notice is a reference to the decision notice or negotiated decision notice for the application.

14Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

(3) Subsection (1) does not apply to the functions and powers of the Coordinator-General under the State Development and Public Works Organisation Act 1971 .

15State planning instruments under Act

The following are State planning instruments under this Act—

(a)a State planning regulatory provision;

(b)a State planning policy;

(c)a regional plan;

(d)the standard planning scheme provisions.

s 15 amd 2013 No. 60 s 25

16What is a State planning regulatory provision

(1)A State planning regulatory provision is an instrument made under division 2 and part 6 for an area to advance the purpose of this Act by—

(a)providing regulatory support for regional planning; or

(b)providing for a charge for the supply of infrastructure; or

(c)protecting planning scheme areas from adverse impacts.

(2)A State planning regulatory provision includes a draft State planning regulatory provision that under section 73 has effect as a State planning regulatory provision.

Note—

See also section 858 (Transition of validated planning documents to master planning documents).

s 16 amd 2012 No. 34 s 15

17Status of State planning regulatory provision

(1)A State planning regulatory provision is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

(2)A State planning regulatory provision is not subordinate legislation.

18State interest

For this Act, a State planning regulatory provision is taken to be a State interest.

19Relationship with other instruments

(1)If there is an inconsistency between a State planning regulatory provision and another planning instrument, or any plan, policy or code under an Act, the State planning regulatory provision prevails to the extent of the inconsistency.

(2)A State planning regulatory provision may suspend or otherwise affect the operation of another planning instrument, but does not amend the planning instrument.

20Power to make State planning regulatory provision

(1)The Minister may make a State planning regulatory provision for the State or a part of the State (a relevant area) if the Minister is satisfied the provision is necessary—

(a)to implement a regional plan; or

(b)to prevent a compromise of the implementation of a proposed regional plan for a designated region or a proposed designated region; or

(c)to provide for the matters mentioned in section 629.

(2)The Minister also may make a State planning regulatory provision if the Minister is satisfied—

(a)there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions happening in a planning scheme area; and

(b)giving a direction under section 126 would not be the most appropriate way to address the risk.

(3)The Minister and an eligible Minister may jointly make a State planning regulatory provision for the State or a part of the State (also a relevant area) if—

(a)the matter to which the State planning regulatory provision relates is a matter administered by the eligible Minister; and

(b)the Minister is satisfied—

(i)there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions happening in a planning scheme area; and

(ii)giving a direction under section 126 would not be the most appropriate way to address the risk.

Note—

Section 858 (Transition of validated planning documents to master planning documents) also allows the making of State planning regulatory provisions.

s 20 amd 2011 No. 17 s 9; 2012 No. 34 s 16; 2014 No. 36 s 56 sch 1

21Content of State planning regulatory provision

A State planning regulatory provision may—

(a)declare development to be—

(i)self-assessable development; or

(ii)development requiring compliance assessment; or

(iii)assessable development; or

(iv)prohibited development; and

(b)require impact or code assessment, or both impact and code assessment, for assessable development, including assessable development mentioned in paragraph (a); and

(c)include a code for IDAS, or other criteria for the assessment of development applications; and

(d)otherwise regulate development by, for example, stating aspects of development that may not take place in stated localities until—

(i)a stated planning instrument has been made; or

(ii)a stated development application has been approved; and

(e)state transitional arrangements for development applications affected by the provision; and

(f)provide for a matter mentioned in section 20.

Note—

For other matters that may be included in a State planning regulatory provision, see chapter 6, part 10 (Compliance stage).

s 21 amd 2012 No. 34 s 17

pt hdg (prev pt 4 hdg) renum and reloc 2013 No. 60 s 28 (1)

div hdg (prev ch 2 pt 4 div 1 hdg) reloc 2013 No. 60 s 28 (1)

22What is a State planning policy

A State planning policy is an instrument that—

(a)is made under division 2 and part 6, or division 3; and

(b)advances the purpose of this Act by stating the State’s policy about a matter of State interest.

s 22 (prev s 40) renum 2013 No. 60 s 28 (2)

23Status of State planning policy

A State planning policy is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

s 23 (prev s 41) renum 2013 No. 60 s 28 (2)

24Area to which State planning policy applies

A State planning policy has effect throughout the State unless the policy states otherwise.

s 24 (prev s 42) renum 2013 No. 60 s 28 (2)

25Relationship with regional plans and local planning instruments

If there is an inconsistency between a State planning policy and a regional plan or local planning instrument, the State planning policy prevails to the extent of the inconsistency.

s 25 (prev s 43) sub 2013 No. 60 s 27

renum 2013 No. 60 s 28 (2)

div hdg (prev ch 2 pt 4 div 2 hdg) reloc 2013 No. 60 s 28 (1)

26Power to make State planning policy—generally

(1)The Minister may, under part 6, make a State planning policy.

(2)Also, the Minister and an eligible Minister may, under part 6, jointly make a State planning policy if the State interest addressed by the policy is a matter administered by the eligible Minister.

s 26 (prev s 44) renum 2013 No. 60 s 28 (2)

27Duration of State planning policy made under pt 6

(1)A State planning policy mentioned in section 26 ceases to have effect on—

(a)the day the policy is repealed under part 6; or

(b)the day that is 10 years after the day the policy had effect.

(2)Despite subsection (1) (b), if a day for the ending of the State planning policy is prescribed under a regulation made before the period mentioned in the subsection ends, the policy ends on the prescribed day.

(3)The prescribed day must not be more than 12 years after the day the State planning policy had effect.

s 27 (prev s 45) renum 2013 No. 60 s 28 (2)

amd 2013 No. 60 s 33 sch 1

div hdg (prev ch 2 pt 4 div 3 hdg) reloc 2013 No. 60 s 28 (1)

28Power to make temporary State planning policy

(1)The Minister may, under section 29, make a State planning policy (a temporary State planning policy) if the Minister considers the policy is urgently required to protect or give effect to a State interest.

(2)Also, the Minister and an eligible Minister may, under section 29, jointly make a State planning policy (also a temporary State planning policy) if—

(a)the State interest addressed by the policy is a matter administered by the eligible Minister; and

(b)the Minister considers the policy is urgently required to protect or give effect to the State interest.

(3)Part 6, divisions 1 to 3, do not apply to the making of a temporary State planning policy.

s 28 (prev s 46) renum 2013 No. 60 s 28 (2)

amd 2013 No. 60 s 33 sch 1

29Making temporary State planning policy

(1)The Minister, or the Minister and an eligible Minister jointly, may make a temporary State planning policy by publishing a notice about the policy—

(a)in the gazette; and

(b)if the policy is to have effect throughout the State—in a newspaper circulating generally in the State; and

(c)if the policy is to have effect only in a part of the State—in a newspaper circulating generally in the part.

(2)If the Minister and an eligible Minister propose to jointly make a temporary State planning policy, the policy is validly made if—

(a)the eligible Minister publishes a notice about the policy under subsection (1); and

(b)the policy is endorsed by the Minister and the eligible Minister before the eligible Minister publishes the notice.

(3)The notice mentioned in subsection (1) must state the following—

(a)the name of the State planning policy;

(b)if the policy applies only to a particular part of the State—the name of the part or other information necessary to adequately describe the part;

(c)the period for which the policy has effect;

(d)where a copy of the policy may be inspected and purchased.

s 29 (prev s 47) renum 2013 No. 60 s 28 (2)

30Effect of temporary State planning policy

A temporary State planning policy may suspend or otherwise affect the operation of a State planning policy, but does not amend the State planning policy.

s 30 (prev s 48) renum 2013 No. 60 s 28 (2)

31Duration of temporary State planning policy

A temporary State planning policy has effect for—

(a)1 year after the day it is made; or

(b)if the policy states a lesser period of effect—the lesser period.

s 31 (prev s 49) renum 2013 No. 60 s 28 (2)

pt hdg (prev pt 3 hdg) renum and reloc 2013 No. 60 s 28 (1)

div hdg (prev ch 2 pt 3 div 1 hdg) reloc 2013 No. 60 s 28 (1)

32What is a designated region

(1)A designated region is—

(a)the local government areas, or the parts of local government areas, prescribed as a designated region under a regulation; and

(b)Queensland waters adjacent to the local government areas or parts.

(2)A regulation under subsection (1) (a) must give a name to each designated region it prescribes.

s 32 (prev s 22) renum 2013 No. 60 s 28 (3)

div hdg (prev ch 2 pt 3 div 2 hdg) reloc 2013 No. 60 s 28 (1)

sdiv hdg (prev ch 2 pt 3 div 2 sdiv 1 hdg) reloc 2013 No. 60 s 28 (1)

33What is a regional plan

A regional plan, for a designated region, is an instrument that—

(a)is made under subdivision 2 and part 6 by the regional planning Minister for the region; and

(b)advances the purpose of this Act by providing an integrated planning policy for the region.

s 33 (prev s 23) renum 2013 No. 60 s 28 (3)

34Status of regional plan

A regional plan is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

s 34 (prev s 24) renum 2013 No. 60 s 28 (3)

35State interest

For this Act, a designated region’s regional plan is taken to be a State interest.

s 35 (prev s 25) renum 2013 No. 60 s 28 (3)

36Relationship with other instruments

(1)This section does not apply to a State planning regulatory provision.

(2)If there is an inconsistency between a regional plan and a local planning instrument, the regional plan prevails to the extent of the inconsistency.

s 36 (prev s 26) amd 2013 No. 60 s 26

renum 2013 No. 60 s 28 (3)

sdiv hdg (prev ch 2 pt 3 div 2 sdiv 2 hdg) reloc 2013 No. 60 s 28 (1)

37Requirement to make regional plan

The regional planning Minister for a designated region must make a regional plan for the region.

s 37 (prev s 27) renum 2013 No. 60 s 28 (3)

38Key elements of regional plan

The regional planning Minister for a designated region must be satisfied its regional plan—

(a)identifies—

(i)the desired regional outcomes for the region; and

(ii)the policies and actions for achieving the desired regional outcomes; and

(b)identifies the desired future spatial structure of the region including—

(i)a future regional land use pattern; and

(ii)provision for regional infrastructure to service the future regional land use pattern, to inform—

(A)local governments when preparing LGIPs; and

(B)the State, local governments and other entities about infrastructure plans and investments; and

(iii)key regional environmental, economic and cultural resources to be preserved, maintained or developed; and

(iv)the way the resources are to be preserved, maintained or developed; and

(v)for paragraph (b)(iii), regional landscape areas; and

(c)includes any other relevant regional planning matter for this Act.

s 38 (prev s 28) renum 2013 No. 60 s 28 (3)

amd 2014 No. 36 s 56 sch 1

sdiv hdg (prev ch 2 pt 3 div 2 sdiv 3 hdg) reloc 2013 No. 60 s 28 (1)

39Amending planning schemes to reflect regional plan

(1)This section applies to a local government if its local government area or part of its area is prescribed under section 32 (1) as a designated region, unless the regional planning Minister for the region gives the local government a written direction to the contrary.

(2)The local government must amend its planning scheme, under the process stated in the guideline mentioned in section 117 (1), to reflect the designated region’s regional plan as made, amended or replaced.

(3)The regional planning Minister for the designated region may amend the planning scheme if—

(a)the regional planning Minister is satisfied a local government must amend its planning scheme under subsection (2); and

(b)the local government has not, within 90 business days after the day notice of the making of the designated region’s regional plan was gazetted—

(i)made the amendment; or

(ii)complied with the guideline mentioned in section 117 (1) to the extent it requires the local government to give the Minister a copy of the proposed amendment.

(4)Anything done by the regional planning Minister under subsection (3) is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.

(5)An expense reasonably incurred by the regional planning Minister in taking an action under subsection (3) may be recovered from the local government as a debt owing to the State.

(6)The regional planning Minister may, in writing, extend the period mentioned in subsection (3) (b).

(7)Nothing in this section affects or is affected by chapter 3, part 6.

s 39 (prev s 29) renum 2013 No. 60 s 28 (3)

amd 2013 No. 60 s 33 sch 1

div hdg (prev ch 2 pt 3 div 3 hdg) reloc 2013 No. 60 s 28 (1)

40What are regions

In this Act—

(a)there are no fixed geographical areas of the State constituting regions, other than designated regions; and

(b)a region may include the combined area of all or parts of 2 or more local government areas and an area not included in a local government area.

s 40 (prev s 30) renum 2013 No. 60 s 28 (3)

41Establishment of regional planning committee

(1)The Minister may establish as many regional planning committees as the Minister considers appropriate.

(2)The regional planning Minister for a designated region must establish a regional planning committee for the region.

(3)However, subsection (4) applies if—

(a)there is a regional planning committee for a region that is not a designated region; and

(b)the area covered by the region is the same or substantially the same as a designated region.

(4)The regional planning committee for the region is taken to be the regional planning committee established for the designated region.

(5)Before establishing a regional planning committee for a region that is not a designated region, the Minister must—

(a)prepare draft terms of reference for the proposed committee; and

(b)identify the proposed region and local governments likely to be affected by the advice of the proposed committee; and

(c)consult with the local governments and interest groups the Minister considers appropriate about—

(i)the draft terms of reference, including the term of the proposed committee; and

(ii)the membership of the proposed committee; and

(iii)the extent of their, the Commonwealth’s and the State’s, proposed participation in, and support for, the proposed committee.

(6)In establishing a regional planning committee for a region that is not a designated region, the Minister must state—

(a)the committee’s name; and

(b)the membership of the committee; and

(c)the area covered by the region for which the committee is established; and

(d)the committee’s terms of reference.

s 41 (prev s 31) renum 2013 No. 60 s 28 (3)

42Functions of regional planning committee

(1)The functions of a regional planning committee for a region that is not a designated region are the functions stated in the committee’s terms of reference.

(2)The function of a designated region’s regional planning committee is to advise the regional planning Minister for the region about the development and implementation of the region’s regional plan.

s 42 (prev s 32) renum 2013 No. 60 s 28 (3)

43Membership of regional planning committee

(1)A designated region’s regional planning committee has the membership decided by the regional planning Minister for the region and notified in the gazette.

(2)A member of a designated region’s regional planning committee must be—

(a)a Minister; or

(b)a mayor or councillor of a local government of the region; or

(c)a person who has the appropriate qualifications, experience or standing to be a member of the committee.

(3)However, this section does not apply if section 41 (4) applies to the designated region.

(4)The membership of a regional planning committee for a region that is not a designated region—

(a)may be identified in general or specific terms; and

(b)without limiting the scope of possible membership, must include representatives of appropriate local governments.

(5)However, a local government may elect not to be represented on a regional planning committee for a region that is not a designated region.

s 43 (prev s 33) renum 2013 No. 60 s 28 (3)

amd 2013 No. 60 s 33 sch 1

44Changing particular committee

After consulting the regional planning committee for a region that is not a designated region and any other entities the Minister considers appropriate, the Minister may change any aspect of the committee, including, for example, its name, membership, region and terms of reference.

s 44 (prev s 34) renum 2013 No. 60 s 28 (3)

45Dissolution of regional planning committee

(1)The Minister may dissolve the regional planning committee for a region that is not a designated region at any time.

(2)The regional planning Minister for a designated region may dissolve its regional planning committee at any time.

s 45 (prev s 35) renum 2013 No. 60 s 28 (3)

46Quorum

A quorum for a meeting of a regional planning committee is 1 more than half the number of members of the committee.

s 46 (prev s 36) renum 2013 No. 60 s 28 (3)

47Presiding at meetings

(1)The regional planning Minister for a designated region presides at all meetings of its regional planning committee.

(2)If the regional planning Minister for the designated region is absent, the member nominated by the regional planning Minister must preside.

s 47 (prev s 37) renum 2013 No. 60 s 28 (3)

48Conduct of meetings

(1)Meetings of a designated region’s regional planning committee must be conducted at the time and place the regional planning Minister for the region decides.

(2)A regional planning committee must conduct its business and proceedings at meetings in the way it decides.

s 48 (prev s 38) renum 2013 No. 60 s 28 (3)

49Reports of particular committee

A regional planning committee for a region that is not a designated region must report its findings under its terms of reference to the Minister and the local governments of its region.

s 49 (prev s 39) renum 2013 No. 60 s 28 (3)

50What are standard planning scheme provisions

The standard planning scheme provisions are the provisions that—

(a)are made under division 2 and part 6 by the Minister; and

(b)advance the purpose of this Act by providing for—

(i)a consistent structure for planning schemes; and

(ii)standard provisions for implementing integrated planning at the local level.

51Status of standard planning scheme provisions

The instrument consisting of the standard planning scheme provisions is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

52Effect of standard planning scheme provisions

The standard planning scheme provisions do not regulate or affect development unless, under section 53, the provisions have effect in a planning scheme area.

53Relationship with local planning instruments

If a local planning instrument for a planning scheme area is inconsistent with the standard planning scheme provisions, the standard planning scheme provisions—

(a)prevail to the extent of the inconsistency; and

(b)have effect in place of the local planning instrument, but only to the extent of the inconsistency and to the extent the instrument applies in the planning scheme area.

54Power to make standard planning scheme provisions

The Minister may make standard planning scheme provisions for the whole of the State.

55Local governments to amend planning schemes to reflect standard planning scheme provisions

(1)A local government must ensure each of its local planning instruments is consistent with the standard planning scheme provisions.

(2)If the standard planning scheme provisions are amended, the local government must amend its planning scheme under the process stated in the guideline mentioned in section 117 (1) to reflect the standard planning scheme provisions as amended.

(3)The Minister may amend the planning scheme if—

(a)the Minister is satisfied a local government must amend its planning scheme under subsection (2); and

(b)the local government has not, within 90 business days after the day notice of the making of the amended standard planning scheme provisions was gazetted—

(i)made the amendment; or

(ii)complied with the guideline mentioned in section 117 (1) to the extent it requires the local government to give the Minister a copy of the proposed amendment.

(4)Anything done by the Minister under subsection (3) is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.

(5)An expense reasonably incurred by the Minister in taking an action under subsection (3) may be recovered from the local government as a debt owing to the State.

(6)The Minister may, in writing, extend the period mentioned in subsection (3) (b).

(7) Subsection (2) does not apply to a local government if, under section 129, the Minister amends the local government’s planning scheme to reflect the standard planning scheme provisions as amended.

(8)Subject to subsection (7), nothing in this section affects or is affected by chapter 3, part 6.

55ALimited application of s 777 for IPA standard provisions

(1)This section applies in relation to a local planning instrument to which section 777 applies (an IPA local planning instrument) if any provision of the standard planning scheme provisions states that it applies to the IPA local planning instrument.

(2)The provisions of the standard planning scheme provisions stated to apply to the IPA local planning instrument are the IPA standard provisions for the instrument.

(3) Subsections (4) to (7) apply despite section 777 (2), (3) and (7).

(4) Section 53 applies to the IPA local planning instrument as if a reference in the section to the standard planning scheme provisions were a reference to the IPA standard provisions for the instrument.

(5) Section 55 (1) applies to a local government in relation to its IPA local planning instrument as if a reference in the provision to the standard scheme provisions were a reference to the IPA standard provisions for the instrument.

(6)If—

(a)the standard planning scheme provisions are amended to state that the IPA standard provisions for the IPA local planning instrument apply; or

(b)the IPA standard provisions for the instrument are amended;

the local government must amend its planning scheme under the process stated in the guideline mentioned in section 117 (1) to reflect the IPA standard provisions, or the IPA standard provisions as amended, for the instrument.

(7) Section 55 (3) and (7) applies to a local government in relation to its IPA local planning instrument as if a reference in the provision to the standard planning scheme provisions as amended were a reference to the IPA standard provisions, or the IPA standard provisions as amended, for the instrument.

s 55A ins 2012 No. 34 s 18

56Process for making, amending or repealing State planning instrument

(1)The process stated in this part must be followed for making, amending or repealing a State planning instrument.

(2)A regulation may state an additional requirement to be followed for making, amending or repealing a State planning instrument.

(3)If a regulation under subsection (2) states an additional requirement, the requirement must be complied with.

57Compliance with divs 2 and 3

Despite divisions 2 and 3, if a State planning instrument is made or amended in substantial compliance with the process stated in the divisions, the State planning instrument or amendment is valid so long as any noncompliance has not—

(a)adversely affected the awareness of the public of the existence and nature of the proposed State planning instrument or amendment; or

(b)restricted the opportunity of the public to make properly made submissions about the proposed instrument or amendment under the process stated in the divisions.

58Preparation of draft instrument

(1)Before making a State planning instrument, the Minister must prepare a draft of the proposed instrument.

(2)In preparing a draft regional plan, the regional planning Minister must consult with the region’s regional planning committee about preparing the draft.

(3)In subsection (1)—

Minister means—

(a)if the State planning instrument is to be jointly made by the Minister and an eligible Minister—the eligible Minister; or

(b)otherwise—the Minister proposing to make the State planning instrument.

59Endorsing particular draft instrument

(1) Subsection (2) applies if a draft State planning regulatory provision or State planning policy is prepared by an eligible Minister.

(2)The Minister and the eligible Minister must endorse the instrument before the eligible Minister acts under section 60.

60Notice about draft instrument

(1)The Minister who prepared the draft State planning instrument must publish a notice—

(a)in the gazette; and

(b)if the draft instrument is to have effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and

(c)if the draft instrument is to have effect only in a part of the State—in a newspaper circulating generally in the part.

(2)The notice must state the following—

(a)that the draft State planning instrument is available for inspection and purchase;

(b)where copies of the draft instrument may be inspected and purchased;

(c)a contact telephone number for information about the draft instrument;

(d)that written submissions about any aspect of the draft instrument may be given by any person to the Minister who prepared the draft;

(e)the period (the consultation period) during which the submissions may be made;

(f)the requirements for a properly made submission.

(3)The consultation period must be for at least—

(a)for a draft regional plan—60 business days after the day the notice is gazetted; or

(b)for a draft State planning regulatory provision—30 business days after the day the notice is gazetted; or

(c)otherwise—40 business days after the day the notice is gazetted.

(4)The Minister who prepared the draft State planning instrument must give a copy of the notice and the draft instrument to each of the following—

(a)for a draft State planning instrument other than draft standard planning scheme provisions—each local government whose local government area includes a part of the State in which the draft instrument is to have effect;

(b)for draft standard planning scheme provisions—each local government;

(c)any other person or entity prescribed under a regulation.

61Keeping draft instrument available for inspection and purchase

For all of the consultation period, the Minister who prepared the draft State planning instrument must keep a copy of the draft instrument available for inspection and purchase by members of the public.

62Dealing with draft State planning regulatory provision

(1)The Minister who prepared a draft State planning regulatory provision may, during the consultation period, amend, replace or remove the draft State planning regulatory provision, other than to change the relevant area.

(2)If an eligible Minister prepared the draft State planning regulatory provision, an amended or replacement instrument must be endorsed by the eligible Minister and the Minister.

63Making State planning instruments

(1)The Minister who prepared the draft State planning instrument must—

(a)consider each properly made submission about the draft instrument; and

(b)for a draft regional plan for a designated region—consult with the designated region’s regional planning committee about making the regional plan.

(2)After acting under subsection (1), the Minister may—

(a)make the State planning instrument as provided for in the draft State planning instrument as published; or

(b)make the State planning instrument and include any amendments of the draft State planning instrument the Minister considers appropriate; or

(c)for a State planning instrument other than a regional plan—decide not to make the State planning instrument as mentioned in paragraph (a) or (b).

(3)If an eligible Minister prepared the draft State planning instrument, the eligible Minister and the Minister must jointly—

(a)make the State planning instrument as mentioned in subsection (2) (a) or (b); or

(b)decide not to make the State planning instrument.

(4)A State planning instrument is taken to be jointly made when the instrument is endorsed by both Ministers.

64Notice about making State planning instrument

(1)After the State planning instrument is made, the Minister who prepared the draft instrument must publish a notice about its making—

(a)in the gazette; and

(b)if the instrument has effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and

(c)if the instrument has effect only in a part of the State—in a newspaper circulating generally in the part.

(2)The notice must state—

(a)the day the State planning instrument was made; and

(b)where a copy of the instrument may be inspected and purchased.

(3)The Minister mentioned in subsection (1) must give a copy of the State planning instrument to—

(a)for a State planning instrument other than the standard planning scheme provisions—each local government whose local government area includes a part of the State in which the instrument has effect; or

(b)for the standard planning scheme provisions—each local government.

65Notice about decision not to make State planning instrument

If a decision is made not to make a State planning instrument, the Minister who prepared the draft instrument must publish notice of the decision in the gazette.

66Particular State planning regulatory provisions to be ratified by Parliament

(1)This section applies to a State planning regulatory provision made to—

(a)implement a regional plan; or

(b)prevent a compromise of the implementation of a proposed regional plan for a designated region or a proposed designated region.

(2)Within 14 sitting days after the State planning regulatory provision is made, a copy of the provision must be tabled in the Legislative Assembly by the Minister who made the State planning regulatory provision.

(3)If the provision is not ratified by Parliament within 14 sitting days after the day the copy is tabled, the provision ceases to have effect.

67State planning regulatory provisions that are subject to disallowance

(1)This section applies to a State planning regulatory provision made because the Minister was satisfied there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions happening in a planning scheme area.

(2)The Statutory Instruments Act 1992 , sections 49, 50 and 51, apply to the provision as if it were subordinate legislation.

68Administrative and minor amendment or amendment to reflect other documents

(1)The Minister who made a State planning instrument may make an administrative amendment or minor amendment of the instrument.

(2)If the State planning instrument was jointly made by 2 Ministers—

(a)for an administrative amendment—either Minister may make the amendment; and

(b)for a minor amendment—

(i)the amendment must be jointly made by both Ministers; and

(ii)the amendment is taken to be jointly made when the amendment is endorsed by both Ministers.

(3)The regional planning Minister for a designated region also may amend the region’s regional plan to include a document to be made under the plan that—

(a)has been prepared by a public sector entity; and

(b)the regional planning Minister is satisfied—

(i)demonstrates how the regional plan will be implemented; and

(ii)has been subject to adequate public consultation.

(4)Division 2 does not apply to the making of an amendment under this section.

69Notice of amendment under s 68

(1)After the State planning instrument is amended, the Minister who made the amendment, or the eligible Minister if the amendment was jointly made, must publish a notice about the amendment—

(a)in the gazette; and

(b)if the instrument has effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and

(c)if the instrument has effect only in a part of the State—in a newspaper circulating generally in the part.

(2)The notice must state—

(a)the day the amendment was made; and

(b)where a copy of the State planning instrument, as amended, may be inspected and purchased.

70Other amendments

(1)The Minister who made a State planning instrument may make an amendment of the instrument, other than an amendment under section 68, only if the process under division 2 for the making of the State planning instrument has been followed.

(2)To remove any doubt, it is declared that if the State planning instrument was jointly made by 2 Ministers, the amendment must be jointly made by both Ministers.

(3)For subsection (1), division 2 applies—

(a)as if a reference in the division to preparing a draft State planning instrument were a reference to preparing a draft amendment; and

(b)as if a reference in the division to a draft State planning instrument were a reference to the draft amendment; and

(c)as if a reference in the division to making a State planning instrument were a reference to the making of the amendment; and

(d)as if a reference in the division to a State planning instrument were a reference to the amendment; and

(e)as if the reference in section 60 (3) (a) to 60 business days were a reference to 30 business days; and

(f)as if the reference in section 60 (3) (c) to 40 business days were a reference to 20 business days; and

(g)with other necessary changes.

71Decision not to proceed with amendment of regional plan

When acting under division 2, the Minister also may decide not to proceed with the amendment of a regional plan.

72When State planning instrument or amendment has effect

(1)A State planning instrument, or an amendment of a State planning instrument, has effect on—

(a)the day the notice about the making of the instrument or amendment is gazetted; or

(b)if a later day for the commencement of the instrument or amendment is stated in the instrument or amendment—the later day.

(2) Subsection (1) is subject to sections 66 and 67.

73Effect of draft State planning regulatory provision and draft amendments

(1)This section applies to—

(a)a draft State planning regulatory provision under this part (the draft provision); or

(b)a State planning regulatory provision as amended by a draft amendment of the provision under this part (also the draft provision).

(2)The Minister may state in the gazette notice for the draft instrument, or amendment, that the draft provision has effect as if it were a State planning regulatory provision on the day the notice of the draft instrument, or amendment, is gazetted if the Minister is satisfied any delay in the commencement would increase the risk of—

(a)serious harm to the environment or serious adverse cultural, economic or social conditions happening in a planning scheme area; or

(b)compromising the implementation of a regional plan or proposed regional plan.

(3)If the Minister states a draft provision has effect as mentioned in subsection (2), the draft provision has effect as if it were a State planning regulatory provision from the day the notice of the draft instrument, or amendment, is gazetted until the first of the following happens—

(a)a decision to make a State planning regulatory provision is made under section 63 (2) (a) or (b) relating to the draft provision and the State planning regulatory provision takes effect under section 72;

(b)a decision not to make a State planning regulatory provision is made under section 63 (2) (c) relating to the draft provision and is gazetted;

(c)the day that is 12 months after the day the notice of the draft instrument, or amendment, is gazetted ends.

s 73 amd 2012 No. 34 s 19

74Notice of repeal

(1)The Minister may decide to repeal a State planning instrument, other than a regional plan.

(2)However, if the State planning instrument was jointly made by 2 Ministers, the decision to repeal the instrument must be jointly made by both Ministers.

(3)A State planning instrument may only be repealed by publishing a notice—

(a)in the gazette; and

(b)if the instrument has effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and

(c)if the instrument has effect only in a part of the State—in a newspaper circulating generally in the part.

(4)The notice must—

(a)identify the State planning instrument being repealed; and

(b)if the State planning instrument has effect only in a part of the State—identify the part of the State in which it has effect; and

(c)state that the State planning instrument is repealed.

(5)The Minister must give a copy of the notice to—

(a)for a State planning instrument other than the standard planning scheme provisions—each local government whose local government area includes a part of the State in which the instrument had effect; and

(b)for the standard planning scheme provisions—each local government.

(6)If the State planning instrument was jointly made by the Minister and an eligible Minister, the Minister must act under subsections (3) and (5) in relation to the repeal of the instrument.

s 74 amd 2013 No. 60 s 29

75When repeal has effect

The repeal of a State planning instrument has effect on the day the notice of the repeal is gazetted.

76Replacement of regional plans

If a regional plan (the replacement plan) states that it replaces an existing regional plan, it replaces the existing regional plan on and from the day the replacement plan takes effect.

77Local planning instruments under Act

The following are local planning instruments under this Act—

(a)a planning scheme;

(b)a temporary local planning instrument;

(c)a planning scheme policy.

78Infrastructure intentions in local planning instruments not binding

(1)If a local planning instrument indicates the intention of a local government or a supplier of State infrastructure to supply infrastructure, it does not create an obligation on the local government or the supplier to supply the infrastructure.

(2)If a local government or a supplier of State infrastructure states a desired standard of service in an LGIP, an entity does not have a right to expect or demand the standard.

s 78 amd 2014 No. 36 s 56 sch 1

78ARelationship between local planning instruments and Building Act

(1)A local planning instrument must not include provisions about building work, to the extent the building work is regulated under the building assessment provisions, unless permitted under the Building Act.

Note—

The Building Act, sections 31, 32 and 33 provide for matters about the relationship between local planning instruments and that Act for particular building work.

(2)To the extent a local planning instrument does not comply with subsection (1), the local planning instrument has no effect.

(3)In this section—

building assessment provisions does not include IDAS or a provision of a local planning instrument.

s 78A ins 2012 No. 3 s 62

79What is a planning scheme

A planning scheme is an instrument that—

(a)is made by a local government under division 2 and part 5; and

(b)advances the purpose of this Act by providing an integrated planning policy for the local government’s planning scheme area.

80Status of planning scheme

A planning scheme is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

81Effects of planning scheme

A planning scheme for a planning scheme area—

(a)becomes the planning scheme for the area; and

(b)replaces any existing planning scheme applying to the area.

82Area to which planning scheme applies

(1)A local government’s planning scheme applies to all of the local government’s area (the planning scheme area).

(2)The local government also may apply its planning scheme for assessing prescribed tidal work in its tidal area to the extent stated in a code for prescribed tidal work.

83Relationship with planning scheme policies

If there is an inconsistency between a planning scheme and a planning scheme policy for a planning scheme area, the planning scheme prevails to the extent of the inconsistency.

Note—

For the relationship between planning schemes and State planning instruments, see sections 19 (Relationship with other instruments), 25 (Relationship with local planning instruments), 36 (Relationship with other instruments) and 53 (Relationship with local planning instruments).

s 83 amd 2013 No. 60 s 33 sch 1

84Power to make planning scheme

A local government may make a planning scheme for its planning scheme area.

85Documents planning scheme may adopt

(1)The only documents made by a local government that the local government’s planning scheme may, under the Statutory Instruments Act 1992 , section 23, apply, adopt or incorporate are—

(a)a planning scheme policy; or

(b)an LGIP.

(2)In this section—

documents does not include the following—

(a)a development approval;

(b)an approval for an application mentioned in repealed IPA, section 6.1.26.

s 85 amd 2012 No. 34 s 20; 2014 No. 36 s 56 sch 1

86Planning schemes for particular local governments

(1)This section applies to the planning scheme for the following local governments—

(a)Ipswich City Council;

(b)Moreton Bay Regional Council;

(c)Sunshine Coast Regional Council.

(2)The Statutory Instruments Act 1992 , section 23 (section 23), applies for the following development control plans (each a DCP) under the repealed LGP&E Act—

(a)the DCP known as the Development Control Plan 1 Kawana Waters;

Editor’s note—

At the commencement of this section, a copy of the DCP was available on the Sunshine Coast Regional Council’s website at <www.sunshinecoast.qld.gov.au>.

(b)the DCP known as the Mango Hill Infrastructure Development Control Plan;

Editor’s note—

At the commencement of this section, a copy of the DCP was available on the Moreton Bay Regional Council’s website at <www.moretonbay.qld.gov.au>.

(c)the DCP known as the Springfield Structure Plan.

Editor’s note—

At the commencement of this section, a copy of the DCP was available on the Ipswich City Council’s website at <www.ipswich.qld.gov.au>.

(3)However, a DCP can not be incorporated into the text of the planning scheme itself.

(4)A planning scheme may under section 23 apply or adopt a DCP by including a statement that the DCP applies to the part of the planning scheme area to which the DCP applies (an adopted DCP).

(5) Section 857 and any definition relevant to it apply for an adopted DCP—

(a)as if—

(i)the planning scheme were an existing planning scheme to which that section applies; and

(ii)the adopted DCP were a development control plan to which that section applies; and

(iii)as if a reference in the section to a development control plan being included in an existing planning scheme under repealed IPA, section 6.1.45A were a reference to the adopted DCP; and

(b)with necessary changes.

s 86 prev s 86 om 2012 No. 3 s 63

pres s 86 ins 2013 No. 60 s 30

87Covenants not to conflict with planning scheme

Subject to section 349, a covenant under the Land Act 1994 , section 373A (4) or the Land Title Act 1994 , section 97A (3) (a) or (b) is of no effect to the extent it conflicts with a planning scheme—

(a)for the land subject to the covenant; and

(b)in effect when the document creating the covenant is registered.

88Key elements of planning scheme

(1)A local government and the Minister must be satisfied the local government’s planning scheme—

(a)appropriately reflects the standard planning scheme provisions; and

(b)identifies the strategic outcomes for the planning scheme area; and

(c)includes measures that facilitate achieving the strategic outcomes; and

(d)coordinates and integrates the matters, including the core matters, dealt with by the planning scheme, including any State and regional dimensions of the matters.

Note—

State and regional dimensions of matters are explained in section 90.

(2)Measures facilitating achievement of the strategic outcomes include the identification of relevant—

(a)self-assessable development; and

(b)development requiring compliance assessment; and

(c)assessable development requiring code or impact assessment, or both code and impact assessment; and

(d)prohibited development, but only if the standard planning scheme provisions state the development may be prohibited development.

s 88 amd 2012 No. 34 s 21; 2014 No. 36 s 56 sch 1; 2014 No. 61 s 81B

89Core matters for planning scheme

(1)Each of the following are core matters for the preparation of a planning scheme—

(a)land use and development;

(b)infrastructure;

(c)valuable features.

(2)In this section—

infrastructure includes the extent and location of proposed infrastructure, having regard to existing infrastructure networks, and their capacities and thresholds for augmentation.

land use and development includes each of the following—

(a)the location of, and the relationships between, various land uses;

(b)the effects of land use and development;

(c)how mobility between places is facilitated;

(d)accessibility to areas;

(e)development constraints, including, but not limited to, population and demographic impacts.

valuable features includes each of the following, whether terrestrial or aquatic—

(a)resources or areas that are of ecological significance, including, for example, habitats, wildlife corridors, buffer zones, places supporting biological diversity or resilience, and features contributing to the quality of air, water (including catchments or recharge areas) and soil;

(b)areas contributing significantly to amenity, including, for example, areas of high scenic value, physical features that form significant visual backdrops or that frame or define places or localities, and attractive built environments;

(c)areas or places of cultural heritage significance, including, for example, areas or places of indigenous cultural significance, or aesthetic, architectural, historical, scientific, social or technological significance, to the present generation or past or future generations;

(d)resources or areas of economic value, including, for example, extractive deposits, fishery resources, forestry resources, water resources, sources of renewable and non-renewable energy and good quality agricultural land.

90State, regional and local dimensions of planning scheme matters

(1)A matter, including a core matter, in a planning scheme may have local, regional or State dimensions.

(2)A local dimension of a planning scheme matter is a dimension that is within the jurisdiction of local government but is not a regional or State dimension.

(3)A regional dimension of a planning scheme matter is a dimension—

(a)about which a regional planning committee report makes a recommendation; or

(b)reflected in a regional plan; or

(c)that can best be dealt with by the cooperation of 2 or more local governments.

(4)A State dimension of a planning scheme matter, including a matter reflected in a State planning policy, is a dimension of a State interest.

div hdg sub 2014 No. 36 s 4

sdiv hdg ins 2014 No. 36 s 4

91Local government must review planning scheme every 10 years

(1)Each local government must complete a review of its planning scheme—

(a)within 10 years after the planning scheme was originally made; or

(b)if a review of the planning scheme has been previously completed—within 10 years after the completion of the last review.

(2)The review must include an assessment of the achievement of the strategic outcomes stated in the planning scheme.

92Action local government may take after review

After reviewing its planning scheme, the local government must, by resolution—

(a)propose to prepare a new scheme; or

(b)propose to amend the scheme; or

(c)if the local government is satisfied the scheme is suitable to continue without amendment—decide to take no further action.

93Report about review if decision is to take no action

If a local government decides to take no further action under section 92 (c), the local government must—

(a)prepare a report stating the reasons why the local government decided to take no further action; and

(b)give a copy of the report to the chief executive.

94Notice about report to be published

(1)After preparing the report mentioned in section 93, the local government must publish, in a newspaper circulating generally in the local government’s area, a notice stating the following—

(a)the name of the local government;

(b)that the local government has prepared a report stating the reasons why the local government decided to take no further action under section 92 (c);

(c)that the report is available for inspection and purchase;

(d)a contact telephone number for information about the report;

(e)the period (the inspection period), of at least 40 business days, during which the report is available for inspection and purchase.

(2)For all of the inspection period the local government must display a copy of the notice in a conspicuous place in the local government’s public office.

sdiv 2 (s 94A) ins 2014 No. 36 s 5

94ARequirement to review LGIP

(1)Each local government must complete a review of any LGIP included in its planning scheme (an LGIP review) within—

(a)5 years after the LGIP was included in the planning scheme; and

(b)each subsequent 5-year period after completing the review under paragraph (a).

(2)In conducting an LGIP review, the local government must follow the process stated in a guideline—

(a)made by the Minister; and

(b)prescribed by regulation.

(3)An LGIP review is not a review for the purposes of a review under subdivision 1.

sdiv 2 (s 94A) ins 2014 No. 36 s 5

95Request for application of superseded planning scheme

(1)A person may, by written notice given to a local government, ask the local government—

(a)to apply a superseded planning scheme to the carrying out of assessable development, prohibited development or development requiring compliance assessment that was, under the superseded planning scheme, exempt development or self-assessable development; or

(b)to assess and decide a proposed development application under a superseded planning scheme; or

(c)to—

(i)accept a development application for development that is prohibited development under the planning scheme and was assessable development under a superseded planning scheme; and

(ii)assess and decide the application under the superseded planning scheme; or

(d)to assess and decide a request for compliance assessment under a superseded planning scheme; or

(e)to—

(i)accept a request for compliance assessment of development that is assessable development or prohibited development, and was development requiring compliance assessment under a superseded planning scheme; and

(ii)assess and decide the request under the superseded planning scheme.

(2)However, the notice may be given to the local government only within 1 year after the day—

(a)the planning scheme or planning scheme policy creating the superseded planning scheme took effect; or

(b)the amendment of a planning scheme or planning scheme policy creating the superseded planning scheme took effect.

(3)The notice must—

(a)be in the approved form; and

(b)be accompanied by the fee fixed by resolution of the local government; and

(c)contain a description of the proposed development or be accompanied by a copy of the proposed development application or request for compliance assessment.

(4)The local government must keep the notice available for inspection and purchase from when the local government receives it until the request is decided under this division.

96Decision on request

(1)The local government must decide to agree to the request, or refuse the request, within 30 business days after receiving it (the request period).

(2)However, the local government may, by written notice given to the person making the request and without the person’s agreement, extend the request period by not more than 10 business days.

(3)Only 1 notice may be given under subsection (2), and it must be given before the request period ends.

(4)However, the request period may be further extended if the person making the request gives written agreement to the extension before the period ends.

(5)The local government is taken to have decided to agree to the request if the local government does not decide the request within the latest of the following periods to end—

(a)the request period;

(b)if the request period is extended under subsections (2) and (3)—the extended period;

(c)if the request period is further extended under subsection (4)—the further extended period.

97Notice of decision

The local government must give the person making the request written notice of the local government’s decision within 5 business days after making the decision.

98When development under superseded planning scheme must start

(1)If the local government agrees or is taken to have agreed to a request made under section 95 (1) (a), the superseded planning scheme applies for carrying out the development if—

(a)for development that is a material change of use—the first change of use started within 4 years after the person is given, or was entitled to be given, notice of the decision under this division; or

(b)for development that is reconfiguring a lot—a plan for the reconfiguration is given to the local government within 2 years after the person is given, or was entitled to be given, notice of the decision under this division; or

(c)for other development—the development is substantially started within 2 years after the person is given, or was entitled to be given, notice of the decision under this division.

(2)A person may, by written notice given to the local government before the end of the period stated in subsection (1) for the development, ask the local government to extend the period.

(3)A request under subsection (2)—

(a)must be accompanied by the fee fixed by resolution of the local government; and

(b)if the local government has a form for the request—must be in that form; and

(c)may not be withdrawn.

(4)The local government must give the person written notice of the local government’s decision within 30 business days after receiving the request.

(5)If a person makes a request under subsection (2), the period stated in subsection (1) for the development does not end until the local government gives the person notice of its decision.

99When development application (superseded planning scheme) can be made

(1)If the local government agrees or is taken to have agreed to a request made under section 95 (1) (b) or (c), a development application (superseded planning scheme) for the development may be made to the assessment manager.

(2)However, the development application (superseded planning scheme) must be made within 6 months after the day the person is given, or was entitled to be given, notice of the decision.

(3)Despite section 239, a development application can be made for development that is prohibited development under a planning scheme if—

(a)the local government agrees or is taken to have agreed to assess and decide the development application under a superseded planning scheme; and

(b)the development was not prohibited development under the superseded planning scheme.

100When request for compliance assessment under a superseded planning scheme can be made

(1)If the local government agrees or is taken to have agreed to a request made under section 95 (1) (d) or (e), a request for compliance assessment of the development under the superseded planning scheme may be made to the assessment manager.

(2)However, the request must be made within 6 months after the day the person is given, or was entitled to be given, notice of the decision.

(3)Despite section 239, a request for compliance assessment can be made for development that is prohibited development under a planning scheme if—

(a)the local government agrees or is taken to have agreed to assess and decide the request under a superseded planning scheme; and

(b)the development was not prohibited development under the superseded planning scheme.

101What is a temporary local planning instrument

A temporary local planning instrument is an instrument that—

(a)is made by a local government under division 2 and part 5; and

(b)advances the purpose of this Act by protecting a planning scheme area from adverse impacts.

102Status of temporary local planning instrument

A temporary local planning instrument is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

103Area to which temporary local planning instrument applies

A temporary local planning instrument may apply to all or only part of a planning scheme area.

104Relationship with planning scheme

A temporary local planning instrument may suspend or otherwise affect the operation of a planning scheme for up to 1 year, but—

(a)does not amend a planning scheme; and

(b)is not a change to a planning scheme under section 703.

Note—

For the relationship between temporary local planning instruments and State planning instruments, see sections 19 (Relationship with other instruments), 25 (Relationship with local planning instruments), 36 (Relationship with other instruments) and 53 (Relationship with local planning instruments).

s 104 amd 2013 No. 60 s 33 sch 1

105Power to make temporary local planning instrument

A local government may make a temporary local planning instrument for all or part of its planning scheme area only if the Minister is satisfied—

(a)there is a significant risk of serious environmental harm, or serious adverse cultural, economic or social conditions happening in the planning scheme area; and

(b)the delay involved in using the process stated in the guideline mentioned in section 117 (1) to amend the planning scheme would increase the risk; and

(c)State interests would not be adversely affected by the proposed temporary local planning instrument; and

(d)the proposed temporary local planning instrument appropriately reflects the standard planning scheme provisions.

106Content of temporary local planning instrument

(1)A temporary local planning instrument may—

(a)declare development to be—

(i)self-assessable development; or

(ii)development requiring compliance assessment; or

(iii)assessable development; and

(b)require impact or code assessment, or both impact and code assessment, for assessable development; and

(c)state that development is prohibited development, but only if the standard planning scheme provisions state the development may be prohibited development.

(2)This section does not limit the matters that may be included in a temporary local planning instrument.

107Temporary local planning instrument may adopt planning scheme policy

(1)The only document made by a local government that a temporary local planning instrument of the local government may, under the Statutory Instruments Act 1992 , section 23, apply, adopt or incorporate is a planning scheme policy.

(2)In this section—

document does not include the following—

(a)a development approval;

(b)an approval for an application mentioned in repealed IPA, section 6.1.26.

s 107 sub 2012 No. 34 s 22

108What is a planning scheme policy

A planning scheme policy is an instrument that—

(a)is made by a local government under division 2 and part 5; and

(b)supports the local dimension of a planning scheme; and

(c)supports local government actions under this Act for IDAS and for making or amending its planning scheme.

109Status of planning scheme policy

A planning scheme policy is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

110Effect of planning scheme policy

A planning scheme policy for a planning scheme area—

(a)becomes a policy for the area; and

(b)if the policy states that it replaces an existing policy—replaces the existing policy.

111Area to which planning scheme policy applies

A planning scheme policy may apply to all or only part of a planning scheme area.

112Relationship with other planning instruments

To the extent a planning scheme policy is inconsistent with another planning instrument, the other planning instrument prevails.

113Power to make planning scheme policy

A local government may make a planning scheme policy for all or a part of its planning scheme area.

114Content of planning scheme policy

(1)A planning scheme policy may only do 1 or more of the following—

(a)state information a local government may request for a development application;

(b)state the consultation the local government may carry out under section 256;

(c)state actions a local government may take to support the process for making or amending its planning scheme;

(d)contain standards identified in a code;

(e)include guidelines or advice about satisfying assessment criteria in the planning scheme.

(2) Subsection (1) applies despite section 109.

115Planning scheme policy can not adopt particular documents

(1)A planning scheme policy must not apply, adopt or incorporate another document made by the local government.

(2)In this section—

document does not include the following—

(a)a development approval;

(b)an approval for an application mentioned in repealed IPA, section 6.1.26.

s 115 amd 2012 No. 34 s 23

div hdg prev div 1 hdg om 2012 No. 34 s 24

pres div 1 hdg (prev div 2 hdg) renum 2012 No. 34 s 25

117Process for preparing, making or amending local planning instruments

(1)For making or amending a planning scheme or planning scheme policy, a local government must follow the process stated in a guideline—

(a)made by the Minister; and

(b)prescribed under a regulation.

(2)Without limiting the application of subsection (1) in relation to an LGIP, an LGIP or an amendment of an LGIP must be prepared as required under a guideline—

(a)made by the Minister; and

(b)prescribed by regulation.

(3)For making a temporary local planning instrument, a local government must follow the process stated in a guideline—

(a)made by the Minister; and

(b)prescribed under a regulation.

s 117 amd 2014 No. 36 s 6

118Content of guideline for making or amending local planning instrument

(1)The guideline mentioned in section 117 (1) must make provision for—

(a)the local government to publish at least once in a newspaper circulating in the local government’s area, notice about a proposal to make—

(i)a planning scheme; or

(ii)a planning scheme policy; and

(b)the local government to carry out public consultation about a proposal mentioned in paragraph (a) for a period (the consultation period) of at least—

(i)for a proposed planning scheme—30 business days; and

(ii)for a proposed planning scheme policy—20 business days; and

(c)if public consultation about a proposal mentioned in paragraph (a) must be carried out—

(i)the local government to have available for inspection and purchase during all of the consultation period a copy of the proposed planning scheme or planning scheme policy; and

(ii)members of the public to make submissions to the local government about the proposed planning scheme or planning scheme policy; and

(iii)the local government to consider all properly made submissions about the proposed planning scheme or planning scheme policy; and

(iv)the local government to advise persons who make a properly made submission about how the local government has dealt with the submission; and

(v)the local government to give the Minister a notice containing a summary of matters raised in the properly made submissions and stating how the local government dealt with the matters; and

(d)any proposed planning scheme to be approved by the Minister; and

(e)the making of a proposed planning scheme, or amendment of a planning scheme, to be notified in the gazette; and

(f)the making of a proposed planning scheme policy, or amendment of a planning scheme policy, to be notified in a newspaper circulating generally in the local government’s area.

(2)The guideline mentioned in section 117 (2) must make provision for—

(a)any proposed temporary local planning instrument to be approved by the Minister; and

(b)the making of a proposed temporary local planning instrument to be notified in the gazette.

119Compliance with guideline

(1)Despite section 117 (1), if a planning scheme or planning scheme policy is made or amended in substantial compliance with the process stated in the guideline mentioned in the subsection, the planning scheme, planning scheme policy or amendment is valid so long as any noncompliance has not—

(a)adversely affected the awareness of the public of the existence and nature of the proposed planning scheme, planning scheme policy or amendment; or

(b)restricted the opportunity of the public to make properly made submissions about the proposed planning scheme, planning scheme policy or amendment under the guideline; or

(c)for a planning scheme or amendment of a planning scheme—restricted the opportunity of the Minister to consider whether State interests would be adversely affected.

(2)Despite section 117 (2), if a temporary local planning instrument is made in substantial compliance with the process stated in the guideline mentioned in the subsection, the instrument is valid.

120When planning scheme, temporary local planning instrument and amendments have effect

(1)A planning scheme or temporary local planning instrument for a planning scheme area has effect on and from—

(a)the day the making of the planning scheme or temporary local planning instrument is notified in the gazette; or

(b)if a later day for the commencement of the planning scheme or temporary local planning instrument is stated in the planning scheme or instrument—the later day.

(2)If a planning scheme is amended, the amendment has effect on and from—

(a)the day the making of the amendment is notified in the gazette; or

(b)if a later day for the commencement of the amendment is stated in the amendment—the later day.

(3)A temporary local planning instrument has effect until the instrument expires or is repealed.

Note—

For when particular provisions of a planning scheme have no effect for development in the SEQ region, see the SEQ Water Act, section 78A.

s 120 amd 2010 No. 20 s 65

121When planning scheme policy and amendments have effect

A planning scheme policy or amendment of a planning scheme policy for a planning scheme area has effect on and from—

(a)the day the making of the policy or amendment is first notified in a newspaper circulating generally in the local government’s area; or

(b)if a later day for the commencement of the policy or amendment is stated in the policy or amendment—the later day.

122Consolidating planning schemes

(1)A local government may prepare and adopt a consolidated planning scheme.

(2)The guideline mentioned in section 117 (1) does not apply to the preparation or adoption of the consolidated planning scheme.

(3)The consolidated planning scheme is, in the absence of evidence to the contrary, taken to be the local government’s planning scheme on and from the day the consolidated planning scheme is adopted by the local government.

(4)As soon as practicable after the local government adopts the consolidated planning scheme, the local government must give the chief executive a certified copy of the consolidated planning scheme.

123Repealing temporary local planning instruments

(1)A temporary local planning instrument may be repealed by—

(a)a resolution of a local government; or

(b)the adoption of a planning scheme or an amendment of a planning scheme that specifically repeals the instrument.

(2)However, a local government must have the Minister’s written approval to make a resolution under subsection (1) (a) if the temporary local planning instrument—

(a)was made by the local government under the direction of the Minister under section 126; or

(b)was made by the Minister under section 128 after the local government did not comply with a direction of the Minister under section 126; or

(c)was made by the Minister under section 129.

(3)The local government must publish, in a newspaper circulating generally in the local government’s area and in the gazette, a notice stating the following—

(a)the name of the local government;

(b)the name of the temporary local planning instrument being repealed;

(c)the day the resolution was made;

(d)the purpose and general effect of the resolution.

(4)On the day the notice is published in the gazette, or as soon as practicable after the day, the local government must give the chief executive a copy of the notice.

(5)The repeal takes effect—

(a)if the resolution is made under subsection (1) (a)—on the day the resolution is notified in the gazette; or

(b)if the temporary local planning instrument is repealed by the making of a planning scheme or an amendment of a planning scheme—on the day the planning scheme or amendment takes effect.

124Repealing planning scheme policies

(1)A local government may, by resolution, repeal a planning scheme policy, other than a planning scheme policy that is replaced by another planning scheme policy.

(2)If a local government makes a resolution under subsection (1), the local government must give the Minister a copy of the resolution.

(3)The local government must publish, in a newspaper circulating generally in the local government’s area, a notice stating the following—

(a)the name of the local government;

(b)the name of the planning scheme policy being repealed;

(c)the day the resolution was made.

(4)On the day the notice is published, or as soon as practicable after the notice is published, the local government must give the chief executive a copy of the notice.

(5)The repeal takes effect—

(a)on the day the notice is first published in the newspaper; or

(b)if the notice states a later day—on the later day.

(6)Also, if a new planning scheme, other than an amendment of a planning scheme, is made for a planning scheme area, all existing planning scheme policies for the area are repealed on the day the planning scheme takes effect.

125Procedures before exercising particular power

(1)Before a power is exercised under section 126 or 127, the Minister must give written notice of the proposed exercise of the power to the local government to be affected by the exercise of the power.

(2)However, notice need not be given if the power is proposed to be exercised at the local government’s request.

(3)The notice must state—

(a)the reasons for the proposed exercise of the power; and

(b)a period within which the local government may make submissions to the Minister about the proposed exercise of the power.

(4)The Minister must consider any submissions made under subsection (3) and advise the local government that the Minister has decided—

(a)not to exercise the power; or

(b)to exercise the power.

(5)If the Minister decides to exercise the power, the Minister must advise the local government the reasons for deciding to exercise the power.

126Power of Minister to direct local government to take particular action about local planning instrument

(1)This section applies if the Minister is satisfied it is necessary to give a direction to a local government—

(a)to protect or give effect to a State interest; or

(b)to ensure a local planning instrument, proposed local planning instrument or proposed amendment of a local planning instrument appropriately reflects the standard planning scheme provisions.

(2)The Minister may direct the local government to take an action in relation to—

(a)a local planning instrument; or

(b)a proposed local planning instrument; or

(c)a proposed amendment of a local planning instrument.

(3)The direction may be as general or specific as the Minister considers appropriate and must state the reasonable period within which the local government must comply with the direction.

(4)Without limiting subsection (2), the direction may require the local government to—

(a)review its planning scheme; or

(b)make a planning scheme or amend its planning scheme; or

(c)make or repeal a temporary local planning instrument; or

(d)make, amend or repeal a planning scheme policy.

s 126 amd 2012 No. 3 s 64; 2012 No. 34 s 28

127Power of Minister to direct local government to prepare a consolidated planning scheme

The Minister may direct a local government to prepare a consolidated planning scheme.

128Power of Minister if local government does not comply with direction

(1)If the local government does not comply with the Minister’s direction under section 126 or 127 within the reasonable period stated in the direction, the Minister may take the action the Minister directed the local government to take.

(2)Anything done by the Minister under subsection (1) is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.

(3)An expense reasonably incurred by the Minister in taking an action under subsection (1) may be recovered from the local government as a debt owing to the State.

129Power of Minister to take action about local planning instrument without direction to local government

(1) Subsection (2) applies if the Minister is satisfied urgent action is necessary to protect or give effect to a State interest.

(2)The Minister may make or amend a local planning instrument without giving a direction under section 126 to the local government about the making or amendment of the local planning instrument.

(3) Subsection (4) applies if the Minister is satisfied a local planning instrument does not appropriately reflect the standard planning scheme provisions.

(4)The Minister may amend the local planning instrument without giving a direction under section 126 to the local government about the amendment of the instrument.

(5)Before acting under subsection (2) or (4), the Minister must give written notice of the proposed action to the local government to be affected by the action.

(6)The notice must state the reasons for taking the action.

(7)To remove any doubt, it is declared that the Minister is not required to consult with anyone before taking the action.

(8)Anything done by the Minister under this section is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.

(9)An expense reasonably incurred by the Minister in taking an action under this section may be recovered from the local government as a debt owing to the State.

Note—

The regional planning Minister may amend a planning scheme to reflect a regional plan. See section 39 (Amending planning schemes to reflect regional plan).

s 129 amd 2012 No. 3 s 65; 2013 No. 60 s 33 sch 1

130Process for Minister to take action under pt 6

(1)A guideline mentioned in section 117 must state a process for the Minister—

(a)to take the action the Minister directed the local government to take under division 1; and

(b)to make or amend a local planning instrument under division 2.

(2)In taking the action, or making or amending the local planning instrument, the Minister must follow the stated process.

200Who may designate land

A Minister or a local government may, under this chapter, designate land for community infrastructure prescribed under a regulation for this section.

Note—

In this chapter, Minister includes any Minister. See definition Minister in schedule 3 (Dictionary).

201Matters to be considered when designating land

Land may be designated for community infrastructure only if the Minister or local government is satisfied the community infrastructure will—

(a)facilitate the implementation of legislation and policies about environmental protection or ecological sustainability; or

(b)facilitate the efficient allocation of resources; or

(c)satisfy statutory requirements or budgetary commitments of the State or local government for the supply of community infrastructure; or

(d)satisfy the community’s expectations for the efficient and timely supply of the infrastructure.

202What designations may include

A designation may include—

(a)requirements about works or the use of the land for the community infrastructure, including the height, shape, bulk or location of the works on the land, vehicular access to the land, vehicular and pedestrian circulation on the land, hours of operation of the use, landscaping on the land and ancillary uses of the land; and

(b)other requirements designed to lessen the impacts of the works or the use of the land for community infrastructure, including procedures for environmental management.

203How IDAS applies to designated land

Development under a designation is exempt development, to the extent the development is either, or both, of the following—

(a)self-assessable development, development requiring compliance assessment or assessable development under a planning scheme;

(b)reconfiguring a lot.

204Relationship of designation to State Development and Public Works Organisation Act 1971

(1) Subsection (2) applies if land in a declared State development area under the State Development and Public Works Organisation Act 1971 is designated under this part.

(2)Despite part 6, division 1 of that Act, development of the land in accordance with the designation—

(a)is taken to be development of the land in accordance with the approved development scheme for the land under that Act; and

(b)does not contravene section 84A or 84B of that Act.

s 204 amd 2014 No. 40 s 154 sch 1 pt 1

205How infrastructure charges apply to designated land

If a public sector entity that is a department or part of a department proposes or starts development under a designation, the entity is not required to pay any adopted charge for the development.

s 205 amd 2014 No. 36 s 56 sch 1

206How designations must be shown in planning schemes

(1)If a local government designates land, or notes a designation of land by the Minister on its planning scheme, the designation or note must—

(a)identify the land; and

(b)state the type of community infrastructure for which the land was designated; and

(c)state the day the designation was made; and

(d)refer to any matters included as part of the designation under section 202; and

(e)be shown in the planning scheme in a way that other provisions in the planning scheme applying to the land remain effective even if the designation is repealed or ceases to have effect.

(2)To remove any doubt, it is declared that—

(a)a designation is part of a planning scheme; and

(b)designation is not the only way community infrastructure may be identified in a planning scheme; and

(c)the provisions of a planning scheme, other than the provision that designates land, applying to designated land remain effective even if the designation is repealed or ceases to have effect.

207Matters the Minister must consider before designating land

(1)Before designating land, the Minister must be satisfied that, for the development the subject of the proposed designation—

(a)adequate environmental assessment has been carried out; and

(b)in carrying out environmental assessment under paragraph (a), there was adequate public consultation; and

(c)adequate account has been taken of issues raised during the public consultation; and

(d)for land to which section 204 applies—adequate account has been taken of the approved development scheme mentioned in that section.

(2)The Minister must also consider—

(a)every properly made submission under subsection (4); and

(b)for land to which a State planning regulatory provision applies—the provision; and

(c)for land in a designated region—the region’s regional plan; and

(d)each relevant State planning policy; and

(e)each relevant local planning instrument.

(3)For subsection (1), there has been adequate environmental assessment and public consultation in carrying out environmental assessment if—

(a)the assessment and consultation has been carried out as required by guidelines made by the chief executive under section 760 for assessing the impacts of the development; or

(b)the processes under chapter 6, part 4 and part 5, division 2, have been completed for a development application for the community infrastructure to which the designation relates; or

(c)the process under chapter 9, part 2, division 2, has been completed for an EIS for development for the community infrastructure; or

(d)public notification has been carried out for a planning scheme, or an amendment of a planning scheme, that includes the community infrastructure, under the guideline mentioned in section 117 (1); or

(e)the Coordinator-General has, under the State Development and Public Works Organisation Act 1971 —

(i)prepared a report under section 34D of that Act evaluating an EIS for, or including, development for the community infrastructure; or

(ii)prepared a report under section 34L of that Act evaluating an IAR for, or including, development for the community infrastructure and a draft of the IAR was publicly notified under section 34H or 34K (3) of that Act; or

(f)the process under the Environmental Protection Act, chapter 3, part 1 has been completed for an EIS for development for the community infrastructure.

(4)However, if written notice of the proposed designation has not been given to each of the following entities about an action mentioned in subsection (3), the Minister must give written notice of the proposed designation to the entities inviting submissions about the proposed designation—

(a)the owner of any land to which the proposed designation applies;

(b)each local government the Minister is satisfied the designation affects.

(5)A notice given under subsection (4) must give the entities at least 15 business days to make a submission.

s 207 amd 2012 No. 34 s 30; 2014 No. 40 s 154 sch 1 pt 1

208Procedures after designation

(1)If the Minister designates land, the Minister must give a notice to—

(a)each owner of the land; and

(b)each local government the Minister is satisfied the designation affects; and

(c)the chief executive.

(2)The notice must state each of the following—

(a)that the designation has been made;

(b)the description of the land;

(c)the type of community infrastructure for which the land has been designated;

(d)any matters mentioned in section 202 and included as part of the designation.

(3)The Minister must also publish a gazette notice stating the matters mentioned in subsection (2) (a) to (c).

209Procedures if designation does not proceed

If the Minister decides not to proceed with a proposed designation, the Minister must give a notice, stating that the designation will not proceed, to the persons mentioned in section 208 (1) (a) and (b).

210Effects of ministerial designations

A designation made under this part—

(a)if the designation states that it replaces an existing designation—replaces the existing designation; and

(b)has effect on and from—

(i)the day the designation is notified in the gazette; or

(ii)if a later day for the commencement of the designation is stated in the notice—the later day.

211When local government must include designation in planning scheme

(1)If a local government receives a notice from a Minister stating that the Minister has made a designation in or near its planning scheme area, the local government must note the designation on—

(a)its planning scheme (if any); and

(b)any new planning scheme it makes before the designation ceases to have effect.

(2)The note is not an amendment of the planning scheme.

212Designation of land by local government

(1)A local government may only designate land by using the process stated in the guideline mentioned in section 117 (1) to include the designation as a substantive provision of its planning scheme.

(2) Subsection (1) applies whether or not the local government owns the land.

(3)However, land identified in an LGIP as land for community infrastructure is not designated land unless it is also specifically identified as designated land.

s 212 amd 2014 No. 36 s 56 sch 1

213Designating land the local government does not own

(1)This section applies if the local government proposes to designate land it does not own.

(2)Before the start of the consultation period for making or amending a planning scheme intended to include the designation, the local government must give written notice of the proposed designation to the owner of the land.

(3)The notice must state the following—

(a)the description of the land proposed to be designated, including a plan of the land;

(b)the type of community infrastructure for which the designation is proposed;

(c)the reasons for the designation;

(d)that written submissions about any aspect of the proposed designation may be given to the local government during the consultation period.

214Duration of designations

(1)A designation ceases to have effect—

(a)if the designation is made by a Minister—6 years after notice of the designation was published in the gazette (the designation cessation day); or

(b)if the designation is made by a local government—6 years after the planning scheme or amendment that incorporated the designation took effect (also the designation cessation day).

(2)If, after designating land but before the designation cessation day, a local government makes a new planning scheme and includes an existing designation as a substantive provision of the new planning scheme—

(a)the existing designation continues to have effect until its designation cessation day under subsection (1); and

(b) section 213 does not apply to remaking the designation in the new planning scheme.

215When designations do not cease

(1)A designation does not cease to have effect on the designation cessation day if—

(a)on the designation cessation day, an entity other than a public sector entity or the local government owns, or has a public utility easement over, the designated land and construction of community infrastructure started before the designation cessation day; or

(b)on the designation cessation day, a public sector entity or the local government owns, or has a public utility easement, for the same purpose as the designation, over, the designated land; or

(c)before the designation cessation day, a public sector entity or the local government gave a notice of intention to resume the designated land under the Acquisition Act, section 7; or

(d)before the designation cessation day, a public sector entity or the local government signed an agreement to take under the Acquisition Act or to otherwise buy the designated land; or

(e)for a designation made by the Minister—before the designation cessation day, the Minister gave the local government written notice reconfirming the designation.

(2)However, if a public sector entity or a local government discontinues proceedings to resume designated land, whether before or after the designation cessation day, the designation ceases to have effect the day the proceedings are discontinued.

(3)To remove any doubt, it is declared that a designation of land or any notice given to an owner about a designation of land does not constitute a notice of intention to resume under the Acquisition Act, section 7.

216Reconfirming designation

(1)If the Minister gives a local government written notice under section 215 (1) (e) reconfirming a designation—

(a)the local government must display the notice in a conspicuous place in the local government’s public office; and

(b)the Minister must—

(i)give the owner of the land a copy of the notice; and

(ii)publish the notice in the gazette; and

(c)the designation has effect for another 6 years after the notice is published in the gazette.

(2)When a local government receives a notice from the Minister reconfirming a designation in or near its planning scheme area, the local government must again note the designation on—

(a)its planning scheme (if any); and

(b)any new planning scheme it makes before the designation ceases to have effect.

(3)The note is not an amendment of the planning scheme.

(4)A reconfirmation of a designation is taken to be a designation to which sections 214 and 215 apply.

217Who may repeal designations

(1)A Minister may repeal a designation made by the Minister.

(2)A local government may repeal a designation made by the local government.

218Notice of repeal

(1)The repeal of a designation must be made by publishing a notice of repeal of the designation—

(a)in the gazette; and

(b)in a newspaper circulating generally in the area where the designated land is situated.

(2)The notice must state the following—

(a)that the designation has been repealed;

(b)the description of the land to which the designation applied;

(c)the purpose of the community infrastructure for which the land was designated;

(d)the reasons for the decision.

219Minister or local government to give notice of repeal to particular entities

(1)If the repeal is made by a Minister, the Minister must give a copy of the notice to—

(a)each local government to which a notice about the making of the designation was given; and

(b)if the land is owned by an entity other than the State or the local government—the owner; and

(c)the chief executive.

(2)If the repeal is made by a local government and the land is owned by an entity other than the local government, the local government must give a copy of the notice to the owner.

220When designation ceases to have effect

The designation ceases to have effect on the day the notice is published in the gazette.

221Local government to note repeal on planning scheme

(1)If a local government repeals a designation or receives a notice from the Minister advising that the Minister has repealed a designation, the local government must note the repeal on its planning scheme.

(2)The note is not an amendment of the planning scheme.

222Request to acquire designated land under hardship

(1) Subsection (3) applies if the owner of an interest in designated land (the designated interest) is suffering hardship because of the designation.

(2)However, subsection (3) does not apply if—

(a)the designated land is land—

(i)over which there is an existing public utility easement; or

(ii)for which a process has started under the Acquisition Act to acquire a public utility easement; and

(b)the designation is for community infrastructure for which the easement exists or is being acquired.

(3)The owner may ask the designator to buy—

(a)the designated interest; or

(b)if the owner has an interest in land adjoining the designated land and retaining the interest without the designated interest would also cause the owner hardship—the designated interest and the interest in the land adjoining the designated land.

223Decision about request

(1)The designator must, within 40 business days after the request is received, decide to—

(a)grant the request; or

(b)take other action under section 226; or

(c)refuse the request.

(2)In deciding whether or not the owner is suffering hardship, the designator must consider each of the following—

(a)whether the owner must sell an interest mentioned in section 222 (3) (a) or (b) without delay for personal reasons, including to avoid loss of income, and has tried unsuccessfully to sell the interest at a fair market value (disregarding the designation);

(b)whether the owner has a genuine intent to develop the interest, but development approval has been, or is likely to be, refused because of the designation;

(c)the extent to which development would be viable because of the designation if the owner exercised rights conferred under any development approval.

224Notice about grant of request

If the designator decides to grant the request, the designator must, within 5 business days after deciding the request, give the owner a notice stating the designator proposes to buy the nominated interest.

225Notice about refusal of request

If the designator decides to refuse the request, the designator must, within 5 business days after deciding the request, give the owner a notice stating—

(a)the request has been refused; and

(b)the owner may appeal against the decision.

226Alternative action designator may take

If the designator decides not to buy the nominated interest, the designator may, instead of taking action under section 225 and within 5 business days after deciding the request, give the owner a notice stating that the designator proposes to—

(a)exchange the nominated interest for property held by the designator; or

(b)repeal the designation or remove the designation from the designated interest; or

(c)investigate the removal of the designation from the designated interest.

227If the designator does not act under the notice

(1)This section applies if the designator gave a notice under section 224 or 226 and, within 40 business days after giving the notice, the designator has not—

(a)signed an agreement with the owner to buy the nominated interest or to take the nominated interest under the Acquisition Act, part 2, division 3; or

(b)signed an agreement with the owner to exchange the nominated interest; or

(c)repealed the designation or removed the designation from the designated interest.

(2)The designator must, within 5 business days after the end of the period mentioned in subsection (1), give the owner a notice of intention to resume the nominated interest.

(3)The notice given under subsection (2) is taken to be a notice of intention to resume given under the Acquisition Act, section 7.

(4)However, the Acquisition Act, sections 13 and 41, do not apply to the resumption.

s 227 amd 2013 No. 23 s 352 sch 1 pt 1

228How value of interest is decided

If an interest in designated land is taken under the Acquisition Act, the effect of the designation must be disregarded in deciding the value of the interest taken.

229Ministers may delegate particular administrative functions about designations

A Minister may delegate the Minister’s functions under sections 208, 209 and 224 to 227 to—

(a)the chief executive or a senior executive of any department for which the Minister has responsibility; or

(b)the chief executive officer of a public sector entity.

230What is IDAS

IDAS is the system detailed in this chapter for integrating State and local government assessment and approval processes for development.

231Categories of development under Act

(1)The categories of development under this Act are as follows—

(a)exempt development;

(b)self-assessable development;

(c)development requiring compliance assessment;

(d)assessable development;

(e)prohibited development.

(2)Under this Act, all development is exempt development unless it is—

(a)self-assessable development; or

(b)development requiring compliance assessment; or

(c)assessable development; or

(d)prohibited development.

232Regulation may prescribe categories of development or require code or impact assessment

(1)A regulation may prescribe that development is—

(a)self-assessable development; or

(b)development requiring compliance assessment; or

(c)assessable development.

Note—

See section 397 (3) for matters a regulation under subsection (1) (b) must state.

(2)Also, a regulation may prescribe development that a planning scheme, a temporary local planning instrument or a preliminary approval to which section 242 applies can not declare to be self-assessable development, development requiring compliance assessment, assessable development or prohibited development.

(3)In addition, a regulation may require code or impact assessment, or both code and impact assessment, for assessable development.

Note—

Under this Act, the following also may state that development is self-assessable development, development requiring compliance assessment or assessable development requiring code or impact assessment, or both code and impact assessment—

(a)a State planning regulatory provision;

(b)a temporary local planning instrument;

(c)a preliminary approval to which section 242 applies;

(d)a planning scheme.

s 232 amd 2012 No. 34 s 31

233Relationship between regulation and planning scheme, temporary local planning instrument or local law

(1)To the extent a planning scheme or temporary local planning instrument is inconsistent with a regulation made under section 232 (1) or (2), the planning scheme or temporary local planning instrument is of no effect.

(2)However, to the extent a planning scheme or temporary local planning instrument is inconsistent with a regulation made under section 232 (1) because the planning scheme or temporary local planning instrument states development is self-assessable but the regulation states the development is assessable—

(a)codes in the planning scheme or temporary local planning instrument for the development are not applicable codes; but

(b)must be complied with.

(3)If a regulation requires code assessment for development, a planning scheme or temporary local planning instrument can not require impact assessment instead of code assessment for the aspect of development the code is about.

(4)To the extent a planning scheme or temporary local planning instrument is inconsistent with a regulation mentioned in section 232 (3), for assessable development, the planning scheme or temporary local planning instrument is of no effect.

(5) Subsections (3) and (4) apply whether the regulation was made before or after the commencement of the planning scheme or temporary local planning instrument.

(6)A regulation under this or another Act may also identify a code, or a part of a code, as a code, or a part of a code, that can not be changed under a local planning instrument or a local law.

(7)To the extent a local planning instrument or a local law is inconsistent with the scope of a code, or a part of a code, identified in the regulation mentioned in subsection (6), the local planning instrument or local law is of no effect.

234Relationship between sch 1 and planning instruments

To the extent a planning instrument purports to provide for any matter about development that is prohibited development under schedule 1, the planning instrument is of no effect.

235Exempt development

(1)A development permit is not necessary for exempt development.

(2)Also, exempt development need not comply with planning instruments, other than a State planning regulatory provision.

(3)Nothing in subsection (2) stops a planning instrument, a development approval or compliance permit affecting exempt development if—

(a)the development is the natural and ordinary consequence of another aspect of development that is self-assessable development, development requiring compliance assessment or assessable development; and

(b)the effect mitigates impacts of the self-assessable development, development requiring compliance assessment or assessable development.

Example for subsection (3)—

A development approval for a material change of use may include conditions, including, for example, conditions about landscaping, parking or buildings that are the natural and ordinary consequence of the material change of use if the conditions would mitigate impacts, including, for example, visual amenity, noise or traffic generation, of the material change of use.

s 235 amd 2012 No. 34 s 32

236Self-assessable development

(1)A development permit is not necessary for self-assessable development.

(2)However, self-assessable development must comply with applicable codes.

Note—

It is an offence to carry out self-assessable development in contravention of applicable codes. See section 574 (Self-assessable development must comply with codes).

237Development requiring compliance assessment

(1)A development permit is not necessary for development requiring compliance assessment.

(2)A compliance permit is necessary for development requiring compliance assessment.

Note—

It is an offence to carry out development requiring compliance assessment without a compliance permit. See section 575 (Carrying out development without compliance permit).

238Assessable development

A development permit is necessary for assessable development.

Note—

It is an offence to carry out assessable development without a development permit. See section 578 (Carrying out assessable development without permit).

239Prohibited development

(1)An application or request for compliance assessment can not be made for development if the development is prohibited development.

(2)If an application or request for compliance assessment is made and any part of the development applied for is prohibited development, the application or request is taken not to have been made and IDAS does not apply to it.

Note—

It is an offence to carry out development that is prohibited development. See section 581 (Offence to carry out prohibited development).

240Types of approval

The types of approval under this Act for IDAS are—

(a)a preliminary approval; and

(b)a development permit; and

(c)a compliance permit; and

(d)a compliance certificate.

Note—

See part 10 (Compliance stage) for provisions about compliance permits and compliance certificates.

241Preliminary approvals

(1)A preliminary approval—

(a)approves development, but does not authorise assessable development to take place; and

(b)approves development—

(i)to the extent stated in the approval; and

(ii)subject to the conditions of the approval.

(2)However, there is no requirement to get a preliminary approval for development.

Note—

Preliminary approvals assist in the staging of approvals.

242Preliminary approval may affect a local planning instrument

(1)This section applies if—

(a)an applicant applies for a preliminary approval; and

(b)part of the application states the way in which the applicant seeks the approval to vary the effect of any local planning instrument for the land.

(2) Subsection (3) applies to the extent the application is for—

(a)development that is a material change of use; and

(b)the part mentioned in subsection (1) (b).

(3)If the preliminary approval approves the material change of use, the preliminary approval may, in addition to the things an approval may do under part 5, do either or both of the following for the material change of use or development relating to the material change of use—

(a)state that the development is—

(i)exempt development; or

(ii)self-assessable development; or

(iii)development requiring compliance assessment; or

(iv)assessable development requiring code or impact assessment, or both code and impact assessment;

(b)identify or include codes for the development.

Note—

For other things that a preliminary approval to which this section applies may do, see part 10 (Compliance stage).

(4) Subsection (5) applies to the extent the application is for—

(a)development other than a material change of use; and

(b)the part mentioned in subsection (1) (b).

(5)If the preliminary approval approves the development, the preliminary approval may, in addition to the things an approval may do under part 5, do either or both of the following for the development—

(a)state that the development is—

(i)exempt development; or

(ii)self-assessable development; or

(iii)development requiring compliance assessment; or

(iv)assessable development requiring code or impact assessment, or both code and impact assessment;

(b)identify or include codes for the development.

(6)To the extent the preliminary approval, by doing either or both of the things mentioned in subsection (3) or (5), is different from the local planning instrument, the approval prevails.

(7)However, subsection (3) or (5) no longer applies to development mentioned in subsection (3) (a) or (5) (a) when the first of the following happens—

(a)the development approved by the preliminary approval and authorised by a later development permit or compliance permit is completed;

(b)the time limit for completing the development ends.

Note—

For the time limit for completing development, see section 343 (When approval lapses if development started but not completed—preliminary approval).

(8)To the extent the preliminary approval is inconsistent with a regulation made under section 232 (1), (2) or (3), the preliminary approval is of no effect.

s 242 amd 2012 No. 34 s 33

243Development permits

A development permit authorises assessable development to take place—

(a)to the extent stated in the permit; and

(b)subject to—

(i)the conditions of the permit; and

(ii)any preliminary approval relating to the development the permit authorises, including any conditions of the preliminary approval.

244Development approval includes conditions

A development approval includes any conditions—

(a)imposed by the assessment manager; and

(b)that a concurrence agency has given in a response under section 285 or 290, or an amended response under section 290; and

(c)that the Minister has directed the assessment manager to attach to the approval under section 419; and

(d)that under another Act must be imposed on, or that apply to, the development approval.

Example for paragraph (d)—

The conditions taken to be imposed under the Building Act, chapter 4, part 5, division 1.

s 244 amd 2014 No. 33 s 138

245Development approval attaches to land

(1)A development approval—

(a)attaches to the land the subject of the application to which the approval relates; and

(b)binds the owner, the owner’s successors in title and any occupier of the land.

(2)To remove any doubt, it is declared that subsection (1) applies even if later development, including reconfiguring a lot, is approved for the land or the land as reconfigured.

246Who is the assessment manager

(1)The assessment manager for an application is the entity prescribed under a regulation as the assessment manager for the application.

(2)Without limiting subsection (1), the regulation may state that the assessment manager for an application is the entity decided by the Minister.

(3)If, under the regulation, the assessment manager is to be decided by the Minister, the Minister may instead require the application to be split into 2 or more applications.

247Role of assessment manager

The assessment manager for an application administers and decides the application, but may not always assess all aspects of development for the application.

Note—

See section 312 (When assessment manager must not assess part of an application).

248Jurisdiction of local government as assessment manager for particular development

If a local government is the assessment manager for development not completely within the local government’s planning scheme area—

(a) sections 246 (1) and 247 apply despite the Local Government Act, section 9 and the City of Brisbane Act, section 11; and

(b)to the extent the application is for development for prescribed tidal work, the local government has the jurisdiction to assess the application in addition to any other jurisdiction it may have for assessing the application.

s 248 amd 2012 No. 3 s 69

249When assessment manager also has jurisdiction as concurrence agency

(1)If an entity is the assessment manager and has 1 or more jurisdictions as a concurrence agency, whether or not the jurisdiction has been devolved or delegated to the entity—

(a)the entity is not a concurrence agency; but

(b)the entity’s jurisdiction as assessment manager includes each jurisdiction the entity would have had as a concurrence agency.

(2)Despite subsection (1) (a), the entity’s fee under section 260 (1) (d) for a development application is taken to include the fee that would have been payable under section 272 (1) (c) for the application if the entity were a concurrence agency for the application.

s 249 amd 2010 No. 20 s 6; 2014 No. 40 s 70A

250Who is an advice agency

An advice agency, for an application, is—

(a)an entity prescribed under a regulation as an advice agency for the application; or

(b)if the functions of the entity in relation to the application have been devolved or delegated to another entity—the other entity.

251Who is a concurrence agency

A concurrence agency, for an application, is—

(a)an entity prescribed under a regulation as a concurrence agency for the application; or

(b)if the functions of the entity in relation to the application have been devolved or delegated to another entity—the other entity.

252Who is a referral agency

A referral agency is an advice agency or a concurrence agency.

254Jurisdiction of referral agencies for applications—generally

(1)A referral agency has, for assessing and responding to the part of an application giving rise to the referral, the jurisdiction or jurisdictions prescribed under a regulation.

(2)If 2 or more entities prescribed as referral agencies are the same entity (however called), the entities are taken to be a single referral agency with multiple jurisdictions.

255Concurrence agencies if Minister decides assessment manager

(1)This section applies if—

(a)the assessment manager for an application is decided by the Minister; and

(b)the Minister is satisfied 1 or more other entities, that are not concurrence agencies for the application, could have been the assessment manager for the application.

(2)The Minister may state that 1 or more of the entities are to be a concurrence agency for the application.

(3)An entity that becomes a concurrence agency under subsection (2) has the jurisdiction it would have had if it were the assessment manager.

sdiv hdg ins 2012 No. 34 s 35

255AApplication requiring code assessment

(1)This section applies if—

(a)the chief executive is the assessment manager for an application; and

(b)any part of the application requires code assessment.

(2)For assessing the part of the application—

(a) section 313 (2) (c), (4) and (5) does not apply; and

(b)the chief executive may have regard, and give the weight the chief executive is satisfied is appropriate, to the matters prescribed under a regulation.

s 255A ins 2012 No. 34 s 35

255BApplication requiring impact assessment

(1)This section applies if—

(a)the chief executive is the assessment manager for an application; and

(b)any part of the application requires impact assessment.

(2)For assessing the part of the application—

(a) section 314 (2) (c) does not apply; and

(b)the chief executive may have regard, and give the weight the chief executive is satisfied is appropriate, to the matters prescribed under a regulation.

s 255B ins 2012 No. 34 s 35

255CChief executive assessing application as a referral agency

(1)This section applies if the chief executive is assessing an application as a referral agency.

(2)For assessing the application—

(a) section 282 (1) (c) and (e) does not apply; and

(b)the chief executive may have regard, and give the weight the chief executive is satisfied is appropriate, to the matters prescribed under a regulation.

s 255C ins 2012 No. 34 s 35

255DChief executive imposes conditions or recommends conditions be imposed on development approval

(1) Subsection (3) applies if the chief executive—

(a)is the assessment manager for an application and imposes a condition on the development approval; or

(b)is a concurrence agency for an application and, in a concurrence agency’s response given under section 285 or 290 or in an amended response given under section 290, tells the assessment manager that a condition must attach to the development approval; or

(c)is an advice agency for an application and, in an advice agency’s response given under section 291, makes a recommendation to the assessment manager about a condition that should attach to the development approval, and the assessment manager imposes the condition.

(2) Subsection (3) also applies if—

(a)the chief executive is a referral agency for a matter within the referral agency’s jurisdiction about a development; and

(b)the chief executive gives a referral agency’s response under section 271 before an application for the development is made that—

(i)if the chief executive is a concurrence agency—tells the assessment manager that a condition must attach to any development approval for the application; or

(ii)if the chief executive is an advice agency—makes a recommendation to the assessment manager about a condition that should attach to any development approval and the assessment manager imposes the condition on a development approval for the application; and

(c)the functions of the chief executive as a referral agency in relation to the application are lawfully devolved or delegated to the assessment manager.

(3)The chief executive may nominate an entity to be the assessing authority for the development to which the development approval relates for the administration and enforcement of a matter relating to the condition.

(4)If the chief executive nominates an entity under subsection (3), the chief executive must give the entity a written notice to that effect.

s 255D ins 2012 No. 34 s 35

255ERelationship with other Acts

(1)This section applies to an application if—

(a)the chief executive is the assessment manager or a referral agency for the application; and

(b)had the application been made before the commencement of this section, an entity (a relevant entity) other than the local government would have been the assessment manager, or the referral agency, for the application; and

(c)another Act imposes requirements on the relevant entity assessing the application as the assessment manager or referral agency.

(2)If there is an inconsistency between this subdivision and the other Act, this subdivision prevails to the extent of the inconsistency.

(3) Subsection (2) applies despite express words or an implied intention to the contrary in the other Act.

(4)Without limiting subsections (2) and (3)—

(a)a provision of the other Act stating that matters referred to in that Act to which the relevant entity in assessing the application must or may have regard does not apply to the chief executive in assessing the application; and

(b)for assessing the application, the chief executive may under section 255A (2) (b), 255B (2) (b) or 255C (2) (b) have regard, and give the weight the chief executive considers appropriate, to the matters prescribed under a regulation for that section, despite any provision in the other Act that states the relevant entity must or may have regard to other particular matters.

(5) Subsection (6) applies if, under the other Act, a function is conferred on the relevant entity for assessing a matter as the assessment manager or a referral agency for the application.

(6)For assessing the matter—

(a)the function is conferred on the chief executive; and

(b)the chief executive may, but is not required to, have regard to the other Act’s purpose.

(7)If a provision of the other Act states that the relevant entity may impose particular conditions on any development approval for the application—

(a)the provision does not apply to the chief executive for imposing conditions on the development approval; but

(b)any condition the chief executive imposes on the development approval must comply with section 345.

(8)If a provision of the other Act states that the relevant entity would be, or would be taken to be, the assessment manager or a referral agency for assessing a matter for the application, the chief executive is, or is taken to be, the assessment manager or the referral agency for assessing the matter.

(9) Subsection (10) applies if a provision of the other Act (a stated provision) requires the applicant to give the relevant entity a document relating to the application.

(10)Despite the stated provision, the applicant must give the chief executive the document.

(11) Subsection (12) applies if, under the other Act, a function is conferred—

(a)on the relevant entity as the assessment manager or a referral agency for the application; and

(b)for an investigative or enforcement purpose.

(12)For the purpose, the relevant entity is taken to be the assessment manager or a referral agency for the application.

(13)This section does not apply to the Airport Assets (Restructuring and Disposal) Act 2008 , chapter 3, part 2 or the Sustainable Ports Development Act 2015 .

(14)In this section—

application includes part of an application.

assessing, an application or a matter, includes deciding the application or the matter.

function includes power.

must have regard to includes must comply with.

s 255E ins 2012 No. 34 s 35 (amd 2013 No. 23 s 203C)

amd 2015 No. 28 s 54 sch 2

256Assessment manager or concurrence agency may seek advice or comment about application

(1)The assessment manager or a concurrence agency for an application may ask any person for advice or comment about the application at any stage of IDAS, other than the compliance stage.

(2)There is no particular way advice or comment may be asked for and received and the request may be by publicly notifying the application.

(3)To remove any doubt, it is declared that—

(a)asking for and receiving advice or comment does not extend any stage; and

(b)public notification under subsection (2) is not notification under part 4, division 2.

257Stages of IDAS

(1)IDAS involves the following possible stages—

•application stage

•information and referral stage

•notification stage

•decision stage

•compliance stage.

(2)Not all stages, or all parts of a stage, apply to all applications.

Example—

An application for development approval for a factory requiring code assessment and a referral for workplace health and safety purposes involves 3 stages—the application, information and referral and decision stages.

(3)For development requiring compliance assessment only, the compliance stage is the only stage that applies to the development.

div hdg prev div 6 hdg om 2012 No. 34 s 36

pres div 6 hdg (prev div 7 hdg) renum 2012 No. 34 s 37

259Giving notices using e-IDAS

(1)This section applies if, under the application stage, information and referral stage, notification stage or decision stage of IDAS, an entity (the first entity) is required to give another entity a notice in writing about an application made using e-IDAS.

(2)The first entity may comply with the requirement by electronically sending to the other entity, using e-IDAS, the information required to be given in the notice.

260Applying for development approval

(1)Each application must—

(a)be made to the assessment manager; and

(b)be in the approved form or made electronically under section 262 (3); and

(c)be accompanied by any supporting information the approved form states is mandatory supporting information for the application; and

(d)be accompanied by—

(i)if the assessment manager is a local government—the fee for administering the application fixed by resolution of the local government; or

(ii)if the assessment manager is another public sector entity—the fee prescribed under a regulation under this or another Act; and

Note—

See also section 249 (2).

(e)if, under section 263, the consent of the owner of the land the subject of the application is required for the making of the application—

(i)contain or be accompanied by the owner’s written consent; or

(ii)include a declaration by the applicant that the owner has given written consent to the making of the application.

Note—

A single application may be made for both a preliminary approval and a development permit.

(2)The approved form—

(a)must contain a mandatory requirements part; and

(b)may make provision for mandatory supporting information for the application.

(3)In making an application, the applicant must give the information required under the mandatory requirements part of the approved form.

s 260 amd 2012 No. 34 s 38; 2014 No. 40 s 70B

261When application is a properly made application

(1)An application is a properly made application only if—

(a)either—

(i)the application complies with section 260 (1) and (3); or

(ii)the assessment manager for the application—

(A)is satisfied the application complies with section 260 (1) (a), (b), (d) and (e) and (3); and

(B)receives and, after considering any noncompliance with section 260 (1) (c), accepts the application; and

(b)if the application is taken, under the Environmental Protection Act, section 115, to also be an application for an environmental authority—the application complies with the Environmental Protection Act, section 125, as if a reference to—

(i)the application were a reference to the development application; and

(ii)the applicant were a reference to the applicant for the development application.

(2)Despite subsection (1) (b), the Environmental Protection Act, section 125 (1) (a) and (b) does not apply to the application.

s 261 amd 2012 No. 34 s 39

sub 2012 No. 16 s 65 (amd 2012 No. 34 s 8)

262Special provision about electronic applications

(1)The chief executive may approve an electronic system to send and receive electronic communications for carrying out actions involved in IDAS.

(2)The electronic system approved by the chief executive under subsection (1) is called e-IDAS.

(3)If an applicant can use e-IDAS for making an application—

(a)the application may be made by electronically sending to the assessment manager, using e-IDAS, the information required in the approved form for the application in the format provided for under e-IDAS; and

(b)electronic communications for carrying out actions involved in IDAS may be made using e-IDAS.

(4) Subsection (5) applies if—

(a)an applicant uses e-IDAS for making an application; and

(b)an action required to be taken under IDAS for the application has not been taken by the end of the last day for taking the action; and

(c)e-IDAS does not operate for any period on the last day.

(5)The person required to take the action may extend the period for taking the action under IDAS by not more than 2 business days after the end of the day on which e-IDAS begins to operate again by—

(a)taking the action within 2 business days after the end of that day; and

(b)giving each other party to the application written notice of the extension at the same time as the action is taken using e-IDAS.

(6)If a person acts under subsection (5), the period for taking the action under IDAS is extended until the time the action is taken using e-IDAS and the notice is given.

(7)In this section—

party, to an application, means each of the following—

(a)the applicant;

(b)the assessment manager;

(c)any referral agency to which the action required to be taken relates.

263When owner’s consent is required for application

(1)The consent of the owner of the land the subject of an application is required for its making if the application is for—

(a)a material change of use of premises or reconfiguring a lot; or

(b)work on land below high-water mark and outside a canal as defined under the Coastal Protection and Management Act 1995 ; or

(c)work on rail corridor land as defined under the Transport Infrastructure Act.

(2)Despite subsection (1)—

(a)to the extent the land the subject of the application has the benefit of an easement, and the development is not inconsistent with the terms of the easement, the consent of the owner of the servient tenement is not required; and

(b)the consent of the owner of the land is not required to the extent—

(i)the land the subject of the application is acquisition land; and

(ii)the application relates to the purpose for which the land is to be taken or acquired.

s 263 amd 2012 No. 34 s 40

265Approved material change of use required for particular developments

(1)This section applies if, at the time an application for a development permit is made—

(a)a structure or works, the subject of the application, may not be used unless a development permit exists for the material change of use of premises for which the structure is, or works are, proposed; and

(b)there is no development permit for the change of use; and

(c)approval for the material change of use has not been applied for in the application or a separate application.

(2)The application is taken also to be for the change of use.

266Notice about application that is not a properly made application

(1)If the application is not a properly made application, the assessment manager must give the applicant a notice stating—

(a)that the application is not a properly made application; and

(b)the reasons the assessment manager is satisfied the application is not a properly made application; and

(c)the action the assessment manager is satisfied the applicant must take for the application to comply with section 261.

(2)The assessment manager must give the applicant the notice within 10 business days after the assessment manager receives the application.

(3)If the applicant does not take the action mentioned in subsection (1) (c) within 20 business days after receiving the notice, or the further period agreed between the assessment manager and the applicant—

(a)the application lapses; and

(b)the assessment manager must as soon as practicable—

(i)return the application to the applicant, other than any part of the application made electronically; and

(ii)refund to the applicant the fee mentioned in section 260 (1) (d) that accompanied the application, less a reasonable fee, if any, decided by the assessment manager for processing the application.

267Notice about properly made application

(1)This section applies if the application is a properly made application.

(2)The assessment manager must give the applicant a notice (the acknowledgement notice) unless—

(a)the application relates to development that requires code assessment only; and

(b)there are no referral agencies, or all referral agencies have stated in writing that they do not require the application to be referred to them under the information and referral stage.

(3)The acknowledgement notice must be given to the applicant within 10 business days after the assessment manager receives the properly made application (the acknowledgement period).

268Content of acknowledgement notice

The acknowledgement notice must state the following—

(a)the type of approval applied for;

(b)which of the following aspects of development the application seeks a development approval for—

(i)carrying out building work;

(ii)carrying out plumbing or drainage work;

(iii)carrying out operational work;

(iv)reconfiguring a lot;

(v)making a material change of use of premises;

(c)whether an aspect of the development applied for requires code assessment, and if so, the names of all the codes the assessment manager considers to be applicable codes for the development;

(d)whether an aspect of the development applied for requires impact assessment, and if so, the public notification requirements;

(e)the name and address of each referral agency for the application, and whether the referral agency is an advice or concurrence agency;

(f)if the assessment manager does not intend to make an information request under section 276—the assessment manager does not intend to make an information request;

(g)if there are referral agencies for the application—the application will lapse unless the applicant gives to each referral agency the referral agency material within the period mentioned in section 272 (2).

269When does application stage end

The application stage for a properly made application ends—

(a)if the application is an application that requires an acknowledgement notice to be given—the day the acknowledgement notice is given; or

(b)if the application is an application that does not require an acknowledgement notice to be given—the day the properly made application was received.

270Purpose of information and referral stage

The information and referral stage for an application—

(a)gives the assessment manager and any concurrence agencies the opportunity to ask the applicant for further information needed to assess the application; and

(b)gives concurrence agencies the opportunity to exercise their concurrence powers; and

(c)gives the assessment manager the opportunity to receive advice about the application from referral agencies.

271Referral agency responses before application is made

(1)Nothing in this Act stops a referral agency from giving a referral agency’s response on a matter within its jurisdiction about a development before an application for the development is made to the assessment manager.

(2)However, a referral agency is not obliged to give a referral agency’s response mentioned in subsection (1) before the application is made.

(3)If a concurrence agency gives a referral agency’s response before an application for the development is made to the assessment manager, the applicant must, if asked by the concurrence agency, give the concurrence agency the agency’s application fee mentioned in section 272 (1) (c).

272Applicant gives material to referral agency

(1)The applicant must give each referral agency the following things (the referral agency material)—

(a)a copy of the application, unless the referral agency already has a copy;

(b)a copy of the acknowledgement notice, unless the referral agency was the entity that gave the notice;

(c)if the referral agency is a concurrence agency—

(i)generally—the agency’s application fee prescribed under a regulation under this or another Act; or

(ii)if the functions of the concurrence agency in relation to the application have been devolved or delegated to a local government, the fee that is, by resolution, adopted by the local government.

(2)The referral agency material must be given to all referral agencies within—

(a)20 business days after the applicant receives the acknowledgement notice; or

(b)the further period agreed between the assessment manager and the applicant.

(3)However, the applicant need not give a referral agency the referral agency material if—

(a)the applicant gave the assessment manager a copy of the referral agency’s response mentioned in section 271 (1) with the application; and

(b)the referral agency’s response states that—

(i)the agency does not require a referral under this section; or

(ii)the agency does not require a referral under this section if any conditions, including a time limit within which the application must be made, stated in the response are satisfied; and

(c)any conditions mentioned in paragraph (b)(ii) are satisfied.

(4)The assessment manager may, if asked by the applicant, give the referral agency material to a referral agency on behalf of the applicant for a fee, not more than the assessment manager’s reasonable costs of giving the material.

(5)To the extent the functions of a referral agency in relation to the application have been lawfully devolved or delegated to the assessment manager, subsections (1) to (4), other than subsection (1) (c), do not apply.

273Lapsing of application if material not given

(1)The application lapses if the applicant does not comply with section 272.

(2)However, if the application is revived under section 274 (1), the application lapses if the applicant does not comply with section 274 (2).

274When application taken not to have lapsed

(1)An application that, other than for this section, would lapse under section 273 (1) is revived if, within 5 business days after the application would otherwise have lapsed, the applicant gives the assessment manager written notice that the applicant seeks to revive the application.

(2)If the application is revived under subsection (1), the applicant must comply with section 272 before the end of—

(a)5 business days after giving the notice mentioned in subsection (1); or

(b)the further period agreed between the assessment manager and the applicant.

(3)If the application is revived under subsection (1), for the purpose of the IDAS process the application is taken not to have lapsed under section 273 (1).

275Applicant to advise assessment manager when material given

(1)After complying with section 272, the applicant must give the assessment manager written notice of the day the applicant gave each referral agency the referral agency material.

(2)To the extent the functions of a referral agency in relation to the application have been lawfully devolved or delegated to the assessment manager, subsection (1) does not apply.

276Information request to applicant

(1)The assessment manager and each concurrence agency may ask the applicant, by written request (an information request), to give further information needed to assess the application.

(2)A concurrence agency may only ask for information about a matter that is within its jurisdiction.

(3)An information request must state that the application will lapse unless the applicant gives the assessment manager or concurrence agency a response under section 278.

(4)If the assessment manager makes the request, the request must be made—

(a)for an application requiring an acknowledgement notice to be given—within 10 business days after giving the acknowledgement notice (the information request period); and

(b)for an application that does not require an acknowledgement notice to be given—within 10 business days after the day the properly made application was received (also the information request period).

(5)If a concurrence agency makes the request—

(a)the request must be made within 10 business days after the agency’s referral day (also the information request period); and

(b)the concurrence agency must—

(i)give the assessment manager a copy of the request; and

(ii)advise the assessment manager of the day the request was made.

(6)Without limiting subsection (1), an assessment manager or concurrence agency may, within the limits of their jurisdiction, include in an information request advice to the applicant about how the applicant may change the application.

277Extending information request period

(1)The assessment manager or a concurrence agency may, by written notice given to the applicant and without the applicant’s agreement, extend the information request period by not more than 10 business days.

(2)Only 1 notice may be given by each entity under subsection (1) and the notice must be given before the entity’s information request period ends.

(3)The information request period may be further extended if the applicant, at any time, gives written agreement to the extension.

(4)If the information request period is extended for a concurrence agency, the concurrence agency must advise the assessment manager of the extension.

278Applicant responds to any information request

(1)If the applicant receives an information request from the assessment manager or a concurrence agency (the requesting authority), the applicant must respond by giving the requesting authority—

(a)all of the information requested; or

(b)part of the information requested together with a written notice asking the requesting authority to proceed with the assessment of the application; or

(c)a written notice—

(i)stating that the applicant does not intend to supply any of the information requested; and

(ii)asking the requesting authority to proceed with the assessment of the application.

(2)If the requesting authority is a concurrence agency, the applicant must also give a copy of the applicant’s response to the assessment manager.

279Lapsing of application if no response to information request

(1)The application lapses if the applicant does not comply with section 278 within—

(a)for an application required by an enforcement notice or in response to a show cause notice—3 months after receiving the information request (the response period) or the further period agreed between the applicant and the entity making the information request; or

(b)for any other application—6 months after receiving the information request (also the response period) or the further period agreed between the applicant and the entity making the information request.

(2)However, if the application is revived under section 280 (1), the application lapses if the applicant does not comply with section 280 (2).

(3) Subsection (4) applies if—

(a)the applicant asks the entity making the information request to agree to extend the response period; and

(b)the entity does not respond to the request until 5 business days before the response period ends, or later; and

(c)the entity does not agree to the extension.

(4)The response period does not end until 10 business days after the response, advising that the entity does not agree to the extension, is received.

(5)The entity making the information request must not unreasonably refuse to extend the response period.

280When application taken not to have lapsed

(1)An application that, other than for this section, would lapse under section 279 (1) is revived if, within 5 business days after the application would otherwise have lapsed, the applicant gives the assessment manager and the concurrence agency that made the information request written notice that the applicant seeks to revive the application.

(2)If an application is revived under subsection (1), the applicant must comply with section 278 before the end of—

(a)5 business days after giving the notice mentioned in subsection (1); or

(b)the further period agreed between the assessment manager and the applicant.

(3)If the application is revived under subsection (1), for the purpose of the IDAS process the application is taken not to have lapsed under section 279 (1).

281Referral agency to advise assessment manager of response

Each referral agency must, after receiving the applicant’s response, advise the assessment manager of the day of the applicant’s response under section 278.

282Referral agency assesses application

(1)Each referral agency must, to the extent relevant to the development and within the limits of its jurisdiction, assess the application against each of the following—

(a)the State planning regulatory provisions applied by the referral agency;

(b)the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(c)for a concurrence agency—any applicable concurrence agency codes that are identified as a code for IDAS in this or another Act;

(d)State planning policies applied by the referral agency, to the extent the policies are not identified in—

(i)any relevant regional plan as being appropriately reflected in the regional plan; or

(ii)the planning scheme as being appropriately reflected in the planning scheme;

(e)the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the referral agency.

Note—

However, if the chief executive is a referral agency for the application, see section 255C.

(2)Also, each referral agency must, to the extent relevant to the development and within the limits of its jurisdiction, assess the application having regard to each of the following—

(a)the State planning regulatory provisions not applied by the referral agency;

(b)State planning policies not applied by the referral agency, to the extent the policies are not identified in—

(i)any relevant regional plan as being appropriately reflected in the regional plan; or

(ii)the planning scheme as being appropriately reflected in the planning scheme;

(c)a temporary local planning instrument for the planning scheme area;

(d)the planning scheme;

(e)if the land to which the application relates is designated land—its designation;

(f)to the extent the referral agency’s jurisdiction involves the assessment of the cost impacts of supplying infrastructure for development under chapter 8, part 2, division 2, subdivision 2 or part 3—any relevant charges resolution.

(3)Despite subsections (1) and (2) a referral agency—

(a)may give the weight it considers appropriate to any planning instruments, laws, policies, codes and resolutions, of the type mentioned in subsection (1) or (2), coming into effect after the application was made, but before the agency’s referral day; but

(b)must disregard any planning scheme or temporary local planning instrument for the planning scheme area if the referral agency’s jurisdiction is limited to considering the effect of the building assessment provisions on building work.

s 282 amd 2011 No. 17 s 11; 2012 No. 34 s 42; 2014 No. 36 s 56 sch 1

283Referral agency’s assessment period

(1)The period a referral agency has to assess the application (the referral agency’s assessment period) is—

(a)the number of business days, starting on the day immediately after the agency’s referral day and being less than 30 business days, prescribed under a regulation; or

(b)if there is no regulation under paragraph (a)—30 business days, starting on the day after the agency’s referral day.

(2)A referral agency’s assessment period includes the information request period.

(3)The referral agency’s assessment period mentioned in subsection (1) applies even if there is no information request period for the application because an EIS is required.

(4)The referral agency’s assessment period does not include—

(a)any extension for giving an information request; or

(b)any period in which the agency is waiting for a response to an information request.

284Extending referral agency’s assessment period

(1)A concurrence agency may, by written notice given to the applicant and without the applicant’s agreement, extend its referral agency’s assessment period by not more than—

(a)if a regulation under section 283 (1) (a) has prescribed the referral agency’s assessment period—the number of business days, being less than 20 business days, prescribed under a regulation; or

(b)if paragraph (a) does not apply—20 business days.

(2)A notice under subsection (1) may be given only before the referral agency’s assessment period ends.

(3)The referral agency’s assessment period may be further extended, including for the purpose of providing further information to the referral agency, if the applicant, before the period ends, gives written agreement to the extension.

(4)If the referral agency’s assessment period is extended for a concurrence agency, the agency must advise the assessment manager of the extension.

285When concurrence agency must give response for particular matters

(1) Subsection (2) applies if a concurrence agency—

(a)wants the assessment manager to include concurrence agency conditions in the development approval, or to refuse the application; or

(b)under this Act, requires the assessment manager to do something else in relation to the application.

(2)The concurrence agency must give its response (a concurrence agency’s response) to the assessment manager, and give a copy of its response to the applicant, before the referral agency’s assessment period for the application and any extension of that period ends.

Note—

Under section 271, a referral agency may give a referral agency’s response about development before an application for the development is made.

286Effect if concurrence agency does not give response

(1)If a concurrence agency does not give a response under section 285, the assessment manager must decide the application as if the agency had assessed the application and had no concurrence agency requirements.

(2)However, the concurrence agency’s response is taken to be a refusal of the application if—

(a)the application is a building development application; and

(b)the concurrence agency is the local government; and

(c)the matter being decided by the concurrence agency is a matter other than assessing the amenity and aesthetic impact of a building or structure; and

(d)the concurrence agency does not give a response under section 285.

287Concurrence agency’s response powers

(1)A concurrence agency’s response may, within the limits of the concurrence agency’s jurisdiction, tell the assessment manager 1 or more of the following—

(a)the conditions that must attach to any development approval;

(b)that any approval must be for part only of the development;

(c)that any approval must be a preliminary approval only;

(d)a different period for section 341 (1) (b), (2) (c) or (3) (b).

(2)Alternatively, a concurrence agency’s response must, within the limits of the concurrence agency’s jurisdiction, tell the assessment manager—

(a)the concurrence agency has no requirements relating to the application; or

(b)to refuse the application.

(3)However, subsection (2) (b) does not apply to the extent a concurrence agency’s jurisdiction is about the assessment of the cost impacts of supplying infrastructure to development.

(4) Subsection (5) applies if a concurrence agency’s response is about the part of an application for a preliminary approval mentioned in section 242 that states the way in which the applicant seeks approval to vary the effect of any applicable local planning instrument for the land.

(5)The concurrence agency’s response may, within the limits of the concurrence agency’s jurisdiction, tell the assessment manager in relation to the part of the application—

(a)that the concurrence agency has no requirements relating to the part of the application; or

(b)if an approval is given, to do any of the following—

(i)approve only some of the variations sought;

(ii)subject to section 242 (3) and (5)—approve different variations from those sought; or

(c)to refuse the variations sought.

(6)A concurrence agency’s response may also offer advice to the assessment manager about the application.

288Limitation on concurrence agency’s power to refuse application

(1)To the extent a concurrence agency’s jurisdiction is about assessing the effects of development on designated land, the concurrence agency may only tell the assessment manager to refuse the application if—

(a)the concurrence agency is satisfied the development would compromise the intent of the designation; and

(b)the intent of the designation could not be achieved by imposing conditions on the development approval.

(2)To the extent a local government’s concurrence agency jurisdiction is about assessing the amenity and aesthetic impact of a building or structure, the concurrence agency may only tell the assessment manager to refuse the application if the concurrence agency considers—

(a)the building or structure, when built, will have an extremely adverse effect on the amenity or likely amenity of its neighbourhood; or

(b)the aesthetics of the building or structure, when built, will be in extreme conflict with the character of its neighbourhood.

289Concurrence agency’s response to include reasons for refusal or conditions

(1)If a concurrence agency’s response, other than a refusal taken to have been given under section 286 (2), requires an application to be refused or requires a development approval to include conditions, the response must include reasons for the refusal or inclusion.

(2)If—

(a)a concurrence agency’s response is for the part of an application for a preliminary approval mentioned in section 242 that states the way in which the applicant seeks approval to vary the effect of any applicable local planning instrument for the land; and

(b)the response requires the assessment manager to take an action mentioned in section 287 (5) (b) or to refuse the variations sought;

the response must include reasons for the requirement.

290How a concurrence agency may change its response or give late response

(1)Despite section 285, a concurrence agency may, after its referral agency’s assessment period and any extension of that period ends but before the application is decided—

(a)give a response (a concurrence agency’s response) if the applicant has given written agreement to the content of the response or the Minister has given the concurrence agency a direction under section 420; or

(b)amend its response if—

(i)the applicant has given written agreement to the amended response or the Minister has given the concurrence agency a direction under section 420; or

(ii)the amended response relates directly to a change made to a development application in response to an information request or a matter raised in a properly made submission for the application.

(2)If a concurrence agency proposes to amend a response under subsection (1) (b) (ii), the concurrence agency must give written notice of the proposal to the assessment manager and the applicant within 5 business days after receiving notice of the change under section 352.

(3)The assessment manager must not decide the application until the first of the following happens—

(a)the assessment manager receives a copy of the amended response;

(b)the end of 10 business days after the notice is given under subsection (2).

(4)If a concurrence agency gives or amends a response under subsection (1), the concurrence agency must give—

(a)to the assessment manager—the response or the amended response and a copy of any agreement under subsection (1) (a) or (b) (i); and

(b)to the applicant—a copy of the response or the amended response.

291When advice agency must give response for particular matters

(1) Subsection (2) applies if an advice agency wants the assessment manager to consider its advice or recommendations when assessing the application.

(2)The advice agency must give its response (an advice agency’s response) to the assessment manager, and give a copy of its response to the applicant, before the referral agency’s assessment period for the application and any extension of that period ends.

Note—

Under section 271, a referral agency may give a referral agency’s response about development before an application for the development is made.

292Advice agency’s response powers

(1)An advice agency’s response may, within the limits of the advice agency’s jurisdiction, make a recommendation to the assessment manager about any aspect of the application relevant to the assessment manager’s decision on the application, including, for example—

(a)the conditions that should attach to any development approval; and

(b)that any approval should be for part only of the application; and

(c)that any approval should be a preliminary approval only.

(2)Alternatively, an advice agency’s response may, within the limits of the advice agency’s jurisdiction, advise the assessment manager that—

(a)the advice agency has no recommendations relating to the application; or

(b)it should refuse the application.

(3)An advice agency’s response may also tell the assessment manager to treat the response as a properly made submission.

293When does information and referral stage end

(1)If there are no referral agencies for the application, the information and referral stage ends when—

(a)the assessment manager states in the acknowledgement notice that it does not intend to make an information request; or

(b)if a request has been made—the applicant has finished responding to the request; or

(c)if neither paragraph (a) nor paragraph (b) applies—the assessment manager’s information request period has ended.

(2)If there are referral agencies for the application, the information and referral stage ends when—

(a)the assessment manager has received the notice from the applicant under section 275; and

(b)an action mentioned in subsection (1) (a) or (b) has happened or the assessment manager’s information request period has ended; and

(c)all referral agency’s responses have been received by the assessment manager or, if all the responses have not been received, all referral agency’s assessment periods have ended.

294Purpose of notification stage

The notification stage gives a person—

(a)the opportunity to make submissions, including objections, that must be taken into account before an application is decided; and

(b)the opportunity to secure the right to appeal to the court about the assessment manager’s decision.

295When notification stage applies

(1)The notification stage applies to an application if either of the following applies—

(a)any part of the application requires impact assessment;

(b)the application is an application to which section 242 applies.

(2) Subsection (1) applies even if—

(a)code assessment is required for another part of the application; or

(b)a concurrence agency advises the assessment manager it requires the application to be refused.

(3)However, subsection (1) (b) does not apply if—

(a)a preliminary approval to which section 242 applies has been given for land; and

(b)the application does not seek to change the type of assessment for the development or, if it does, it seeks only 1 or both of the following—

(i)to change development requiring code assessment to self-assessable development or development requiring compliance assessment;

(ii)to increase the level of assessment for development; and

(c)a code proposed as part of the application is substantially consistent with a code in the preliminary approval.

(4)However, this part does not apply for an application to which chapter 9, part 7 applies.

Note—

See chapter 9 (Miscellaneous), part 7 (Notification stage for particular aquaculture development) for the notification stage that applies for development applications to which that part applies.

296When notification stage can start

(1)If there are no concurrence agencies and the assessment manager has stated in the acknowledgement notice that the assessment manager does not intend to make an information request, the applicant may start the notification stage as soon as the acknowledgement notice is given.

(2)If no information requests have been made during the last information request period, the applicant may start the notification period as soon as the last information request period ends.

(3)If an information request has been made during the information request period, the applicant may start the notification period as soon as the applicant gives—

(a)all information request responses to all information requests made; and

(b)copies of the responses to the assessment manager.

297Applicant or assessment manager to give public notice of application

(1)The applicant or, with the applicant’s written agreement, the assessment manager must—

(a)publish a notice at least once in a newspaper circulating generally in the locality of the land; and

(b)place a notice on the land in the way prescribed under a regulation; and

(c)give a notice to the owners of all land adjoining the land.

(2)If the assessment manager carries out notification for the applicant, the assessment manager may require the applicant to pay a fee, of not more than the assessment manager’s reasonable costs for carrying out the notification.

(3)For subsection (1) (c), roads, land below high-water mark and the beds and banks of rivers are taken not to be adjoining land.

(4)In this section—

owner, for land adjoining the land the subject of the application, means—

(a)if the adjoining land is subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 —the primary thoroughfare body corporate; or

(b)if the adjoining land is subject to the Mixed Use Development Act 1993 —the community body corporate; or

(c)subject to paragraphs (a) and (b), if the adjoining land is subject to the Building Units and Group Titles Act 1980 —the body corporate; or

(d)if the adjoining land is, under the Body Corporate and Community Management Act 1997 , scheme land for a community titles scheme—

(i)the body corporate for the scheme; or

(ii)if the adjoining land is scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or

(e)if there is a time share scheme, as defined under the Local Government Act, for a structure on the adjoining land—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or

(f)if the adjoining land is land being bought from the State for an estate in fee simple under the Land Act 1994 —the buyer; or

(g)if the adjoining land is land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994 —the trustees of the land; or

(h)if paragraphs (a) to (g) do not apply—the person for the time being entitled to receive the rent for the land or who would be entitled to receive the rent if the land were let to a tenant at a rent.

298Notification period for applications

(1)The notification period for the application must be at least—

(a)30 business days starting on the day after the last action under section 297 (1) is carried out, if any of the following apply for the application—

(i)there are 3 or more concurrence agencies;

(ii)all or part of the development—

(A)is assessable under a planning scheme; and

(B)is prescribed under a regulation for this subparagraph;

(iii)all or part of the development is the subject of an application for a preliminary approval mentioned in section 242; or

(b)if paragraph (a) does not apply—15 business days starting on the day after the last action under section 297 (1) is carried out.

(2)The notification period must not include any business day from 20 December in a particular year to 5 January in the following year, both days inclusive.

299Requirements for particular notices

(1)The notices mentioned in section 297 (1) must be in the approved form.

(2)The notice placed on the land must remain on the land for all of the notification period.

(3)All actions mentioned in section 297 (1) must be completed within 5 business days after the first of the actions is carried out.

(4)A regulation may prescribe different notification requirements for an application for development on land located—

(a)outside any local government area; or

(b)within a local government area but in a location where compliance with section 297 (1) would be unduly onerous or would not give effective public notice.

300Applicant to give assessment manager notice about particular matters

If the applicant carries out notification, the applicant must, within 5 business days after the day the last of the actions mentioned in section 297 (1) is carried out, give the assessment manager written notice of the day the last of the actions is carried out.

301Notice of compliance to be given to assessment manager

If the applicant carries out notification, the applicant must, within 20 business days after the notification period ends, give the assessment manager written notice that the applicant has complied with the requirements of this division.

302Application lapses if notification not carried out or notice of compliance not given

(1)An application to which the notification stage applies lapses if—

(a)the last action under section 297 (1) is not carried out before the end of 20 business days after the applicant was entitled to start the notification stage or the further period agreed between the assessment manager and the applicant; or

(b)the applicant has not complied with section 301 within the period stated in the section or the further period agreed between the assessment manager and the applicant.

(2)However, if the application is revived under section 303 (1), the application lapses if the applicant does not comply with—

(a)if subsection (1) (a) applies to the application—section 303 (2); or

(b)if subsection (1) (b) applies to the application—section 303 (3).

303When application taken not to have lapsed

(1)An application that, other than for this section, would lapse under section 302 (1) is revived if, within 5 business days after the application would otherwise have lapsed, the applicant gives the assessment manager written notice that the applicant seeks to revive the application.

(2)If the application is revived under subsection (1) and section 302 (1) (a) applies to the application, the applicant must, within 10 business days after giving the notice under subsection (1) or the further period agreed between the assessment manager and the applicant, carry out the actions under section 297 (1).

(3)If the application is revived under subsection (1) and section 302 (1) (b) applies to the application, the applicant must, within 5 business days after giving the notice under subsection (1) or the further period agreed between the assessment manager and the applicant, comply with section 301.

(4)If the application is revived under subsection (1), for the purpose of the IDAS process the application is taken not to have lapsed under section 302 (1).

304Assessment manager may assess and decide application if some requirements not complied with

(1)Despite section 301, the assessment manager may assess and decide an application even if some of the requirements of this division have not been complied with, if the assessment manager is satisfied any noncompliance has not—

(a)adversely affected the awareness of the public of the existence and nature of the application; or

(b)restricted the opportunity of the public to make properly made submissions.

(2)However, the assessment manager can not assess and decide an application that has lapsed and has not been revived under this division.

305Making submissions

(1)During the notification period, any person other than the applicant or a concurrence agency may make a submission to the assessment manager about the application.

(2)The assessment manager must accept a submission if the submission is a properly made submission.

(3)However, the assessment manager may accept a written submission even if the submission is not a properly made submission.

(4)If the assessment manager has accepted a submission, the person who made the submission may, by written notice—

(a)amend the submission during the notification period; or

(b)withdraw the submission at any time before a decision about the application is made.

306Submissions made during notification period effective for later notification period

(1)This section applies if—

(a)a person makes a submission under section 305 (1) and the submission is a properly made submission or the assessment manager accepts the submission under section 305 (3); and

(b)the notification stage for the application is repeated for any reason.

(2)The properly made submission is taken to be a properly made submission for the later notification period and the submitter may, by written notice—

(a)amend the submission during the later notification period; or

(b)withdraw the submission at any time before a decision about the application is made.

(3)The submission the assessment manager accepted under section 305 (3) is taken to be part of the common material for the application unless the person who made the submission withdraws the submission before a decision is made about the application.

307When does notification stage end

The notification stage ends—

(a)if notification is carried out by the applicant—when the assessment manager receives the written notice mentioned in section 301; or

(b)if notification is carried out by the assessment manager for the applicant—when the notification period ends.

308Assessment necessary even if concurrence agency refuses application

This part applies even if a concurrence agency advises the assessment manager the concurrence agency requires the application to be refused.

309When does decision stage start

(1)If an acknowledgement notice for an application is required, the decision stage for the application starts the day after all other stages applying to the application, other than the compliance stage, have ended.

(2)If subsection (1) does not apply to an application, the decision stage for the application starts—

(a)if an information request has been made about the application—the day the applicant responds to the information request; or

(b)if an information request has not been made about the application—the day the properly made application was received.

(3)However, the assessment manager may start assessing the application before the start of the decision stage.

310Effect on decision stage if action taken under Native Title Act (Cwlth)

(1)This section applies if an assessment manager takes action under the Native Title Act 1993 (Cwlth), section 24HA or 24KA.

(2)If the assessment manager takes the action before the decision stage starts, the decision stage does not start until the action is completed.

(3)If the assessment manager takes the action after the decision stage has started, the decision stage stops the day after the action is taken and starts again the day after the action is completed.

311References in div 2 to planning instrument, code, law or policy

In this division, other than section 317, a reference to a planning instrument, code, law or policy is a reference to a planning instrument, code, law or policy in effect when the application was properly made.

312When assessment manager must not assess part of an application

(1)This section applies to the part of an application (the coordinated part) for which, were it a separate development application, there would be a different assessment manager.

(2)Despite sections 313 to 315, the assessment manager must not assess the development the subject of the coordinated part.

313Code assessment—generally

(1)This section applies to any part of the application requiring code assessment.

(2)The assessment manager must assess the part of the application against each of the following matters or things to the extent the matter or thing is relevant to the development—

(a)the State planning regulatory provisions;

(b)the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(c)any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act;

Note—

However, if the chief executive is the assessment manager for the application, see section 255A.

(d)State planning policies, to the extent the policies are not identified in—

(i)any relevant regional plan as being appropriately reflected in the regional plan; or

(ii)the planning scheme as being appropriately reflected in the planning scheme;

(e)any applicable codes in the following instruments—

(i)a temporary local planning instrument;

(ii)a preliminary approval to which section 242 applies;

(iii)a planning scheme;

(f)if the assessment manager is an infrastructure provider—the provider’s LGIP, if any.

Note—

See chapters 2 and 3 for particular provisions about the relationship between the matters or things mentioned in subsection (2).

(3)In addition to the matters or things against which the assessment manager must assess the application under subsection (2), the assessment manager must assess the part of the application having regard to the following—

(a)the common material;

(b)any development approval for, and any lawful use of, premises the subject of the application or adjacent premises;

(c)any referral agency’s response for the application;

(d)the purposes of any instrument containing an applicable code.

(4)If the assessment manager is not a local government, the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the assessment manager and that are relevant to the application, are taken to be applicable codes in addition to the applicable codes mentioned in subsection (2) (c) or (e).

(5)The assessment manager must not assess the application against, or having regard to, anything other than a matter or thing mentioned in this section.

(6) Subsection (2) (a), (b) and (d) does not apply for the part of an application involving assessment against the Building Act.

s 313 amd 2011 No. 17 s 12; 2012 No. 34 s 43; 2014 No. 36 s 56 sch 1; 2014 No. 61 s 81C

314Impact assessment—generally

(1)This section applies to any part of the application requiring impact assessment.

(2)The assessment manager must assess the part of the application against each of the following matters or things to the extent the matter or thing is relevant to the development—

(a)the State planning regulatory provisions;

(b)the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(c)if the assessment manager is not a local government—the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the assessment manager and that are relevant to the application;

Note—

However, if the chief executive is the assessment manager for the application, see section 255B.

(d)State planning policies, to the extent the policies are not identified in—

(i)any relevant regional plan as being appropriately reflected in the regional plan; or

(ii)the planning scheme as being appropriately reflected in the planning scheme;

(e)a temporary local planning instrument;

(f)a preliminary approval to which section 242 applies;

(g)a planning scheme;

(h)for development not in a planning scheme area—any planning scheme or temporary local planning instrument for a planning scheme area that may be materially affected by the development;

(i)if the assessment manager is an infrastructure provider—the provider’s LGIP, if any.

Note—

See chapters 2 and 3 for particular provisions about the relationship between the matters or things mentioned in subsection (2).

(3)In addition to the matters or things against which the assessment manager must assess the application under subsection (2), the assessment manager must assess the part of the application having regard to the following—

(a)the common material;

(b)any development approval for, and any lawful use of, premises the subject of the application or adjacent premises;

(c)any referral agency’s response for the application.

s 314 amd 2011 No. 17 s 13; 2012 No. 34 s 44; 2014 No. 36 s 56 sch 1; 2014 No. 61 s 81D

315Code and impact assessment—superseded planning scheme

(1)If the application is a development application (superseded planning scheme), the assessment manager must assess and decide the application as if—

(a)the application were an application to which the superseded planning scheme applied; and

(b)the existing planning scheme was not in force; and

(c)for chapter 8, parts 2 and 3, the infrastructure provisions of the existing planning scheme applied; and

(d)for section 848, the existing planning scheme policy applied.

(2)This section applies despite sections 81, 120 and 121.

s 315 amd 2014 No. 36 s 56 sch 1

316Assessment for s 242 preliminary approvals that affect a local planning instrument

(1)This section applies to an application for a preliminary approval mentioned in section 242.

(2)Sections 313 and 314 apply to any part of the application requiring code or impact assessment.

(3) Subsection (4) applies to the part of the application that states the way in which the applicant seeks to vary the effect of any applicable local planning instrument for the land.

(4)The assessment manager must assess the part of the application having regard to—

(a)the common material; and

(b)the result of the assessment manager’s assessment of any parts of the application requiring code or impact assessment; and

(c)all of the following to the extent they are relevant to the application—

(i)the State planning regulatory provisions;

(ii)the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(iii)State planning policies, to the extent the policies are not identified in—

(A)any relevant regional plan as being appropriately reflected in the regional plan; or

(B)the planning scheme as being appropriately reflected in the planning scheme; and

(d)the consistency of the proposed variations with aspects of the local planning instrument, other than the aspects sought to be varied; and

(e)the effect the proposed variations would have on any right of a submitter for following applications, with particular regard to the amount and detail of supporting material for the current application available to any submitters; and

(f)any referral agency’s response for the application.

s 316 amd 2012 No. 34 s 45

317Assessment manager may give weight to later planning instrument, code, law or policy

(1)In assessing the application, the assessment manager may give the weight it is satisfied is appropriate to a planning instrument, code, law or policy that came into effect after the application was made, but—

(a)before the day the decision stage for the application started; or

(b)if the decision stage is stopped—before the day the decision stage is restarted.

(2)However, for a development application (superseded planning scheme), subsection (1) does not apply to an existing local planning instrument, other than any infrastructure provisions or planning scheme policy applied in relation to the assessment of the application under section 315 (1) (c) and (d).

318Decision-making period—generally

(1)The assessment manager must decide the application within 20 business days after the day the decision stage starts (the decision-making period).

(2)The assessment manager may, by written notice given to the applicant and without the applicant’s agreement, extend the decision-making period by not more than 20 business days.

(3)Only 1 notice may be given under subsection (2) and it must be given before the decision-making period ends.

(4)However, the decision-making period may be further extended, including for the purpose of providing further information to the assessment manager, if the applicant, at any time before the decision is made, gives written agreement to the extension.

(5)If there is a concurrence agency for the application, the decision must not be made before 10 business days after the day the information and referral stage ends, unless the applicant gives the assessment manager written notice that it does not intend to take action under section 320 or 321.

(6)Despite subsections (2) and (4), the decision-making period can not be extended or further extended if the assessment manager has been given a direction under section 418 (1) (c) to decide the application.

319Decision-making period—changed circumstances

Despite section 318, the decision-making period starts again from its beginning—

(a)if a concurrence agency gives a concurrence agency’s response or an amended concurrence agency’s response under section 290—the day after the response or amended response is received by the assessment manager; or

(b)if the decision-making period is stopped under section 320—the day after the assessment manager receives further written notice withdrawing the notice stopping the decision-making period; or

(c)if the decision-making period is stopped under section 321, the day after the first of the following to happen—

(i)the assessment manager receives, under section 321, a copy of all reissued concurrence agency’s responses for the application;

(ii)the assessment manager receives further written notice withdrawing the notice stopping the decision-making period.

s 319 amd 2012 No. 16 s 66; 2014 No. 40 s 71

320Applicant may stop decision-making period to make representations

(1)If the applicant wishes to make representations to a referral agency about the agency’s response, the applicant may, by written notice given to the assessment manager, for not more than 3 months, stop the decision-making period at any time before the decision is made.

(2)If a notice is given, the decision-making period stops the day the assessment manager receives the notice.

(3)The applicant may withdraw the notice at any time.

321Applicant may stop decision-making period to request chief executive’s assistance

(1)The applicant may, at any time before the application is decided—

(a)by written notice (the request) given to the chief executive, ask the chief executive to resolve conflict between 2 or more concurrence agency’s responses containing conditions the applicant is satisfied are inconsistent; and

(b)by written notice given to the assessment manager, for not more than 3 months, stop the decision-making period.

(2)The request must identify the conditions the applicant is satisfied are inconsistent.

(3)After receiving the request, the chief executive must give a notice acknowledging receipt of the request to the applicant and each affected concurrence agency.

(4)In responding to the request, the chief executive may, after consulting the concurrence agencies, exercise all the powers of the concurrence agencies necessary to reissue 1 or more concurrence agency’s responses to address any inconsistency.

(5)If the chief executive reissues a concurrence agency’s response, the chief executive must give the response to the applicant and give a copy of the response to—

(a)the affected concurrence agency; and

(b)the assessment manager.

(6)The applicant may withdraw the notice given under subsection (1) (b) at any time.

s 321 amd 2012 No. 16 s 67; 2014 No. 40 s 72

323Application of sdiv 2

This subdivision does not apply to the part of an application for a preliminary approval mentioned in section 242 that states the way in which the applicant seeks approval to vary the effect of any applicable local planning instrument for the land.

324Decision generally

(1)In deciding the application, the assessment manager must—

(a)approve all or part of the application; or

(b)approve all or part of the application subject to conditions decided by the assessment manager; or

(c)refuse the application.

(2)The assessment manager’s decision must be based on the assessments made under division 2.

(3)The assessment manager’s decision must not be inconsistent with a State planning regulatory provision.

(4)To remove any doubt, it is declared that—

(a)the assessment manager may give a preliminary approval, other than a preliminary approval to which section 242 applies, even though the applicant sought a development permit; and

(b)if the assessment manager approves only part of an application, the balance of the application is refused.

s 324 amd 2012 No. 34 s 47

325Effect of concurrence agency’s response

(1)If a concurrence agency’s response requires conditions to be attached to a development approval for the application, the assessment manager must attach to any approval, in the exact form given by the concurrence agency, the concurrence agency conditions.

(2)If a concurrence agency’s response has, under section 287 (1) (b) or (c), stated an action that must be taken, the assessment manager must take the action.

(3)If a concurrence agency’s response has, under section 287 (1) (d), stated a different period for section 341 (1) (b), (2) (c) or (3) (b), the assessment manager must, on any development approval, state the period.

(4)If a concurrence agency’s response requires the application to be refused, the assessment manager must refuse it.

326Other decision rules

(1)The assessment manager’s decision must not conflict with a relevant instrument unless—

(a)the conflict is necessary to ensure the decision complies with a State planning regulatory provision; or

(b)there are sufficient grounds to justify the decision, despite the conflict; or

(c)the conflict arises because of a conflict between—

(i)2 or more relevant instruments of the same type, and the decision best achieves the purposes of the instruments; or

Example of a conflict between relevant instruments—

a conflict between 2 State planning policies

(ii)2 or more aspects of any 1 relevant instrument, and the decision best achieves the purposes of the instrument.

Example of a conflict between aspects of a relevant instrument—

a conflict between 2 codes in a planning scheme

(2)In this section—

relevant instrument means a matter or thing mentioned in section 313 (2) or 314 (2), other than a State planning regulatory provision, against which code assessment or impact assessment is carried out.

327Decision if application under s 242 requires assessment

(1)In deciding the part of an application for a preliminary approval mentioned in section 242 that states the way in which the applicant seeks approval to vary the effect of any applicable local planning instrument for the premises, the assessment manager must—

(a)approve all or some of the variations sought; or

(b)subject to section 242 (3) and (5)—approve different variations from those sought; or

(c)refuse the variations sought.

(2)The assessment manager’s decision must be based on the assessments made under division 2.

(3)The assessment manager’s decision must not be inconsistent with a State planning regulatory provision.

(4)To the extent development applied for under other parts of the application is refused, any variation relating to the development must also be refused.

328Effect of concurrence agency’s response

(1)If the part of the application is approved and a concurrence agency’s response has, under section 287 (5) (b), stated an action that must be taken, the assessment manager must take the action.

(2)If a concurrence agency’s response requires the variations to be refused, the assessment manager must refuse the variations.

329Other decision rules

(1)The assessment manager’s decision must not conflict with a relevant instrument unless—

(a)the conflict is necessary to ensure the decision complies with a State planning regulatory provision; or

(b)there are sufficient grounds to justify the decision, despite the conflict; or

(c)the conflict arises because of a conflict between—

(i)2 or more relevant instruments of the same type, and the decision best achieves the purposes of the instruments; or

Example of a conflict between relevant instruments—

a conflict between 2 State planning policies

(ii)2 or more aspects of any 1 relevant instrument, and the decision best achieves the purposes of the instrument.

Example of a conflict between aspects of a relevant instrument—

a conflict between 2 codes

(2)In this section—

relevant instrument means a matter or thing mentioned in section 316 (4) (c) or (d), other than a State planning regulatory provision, the assessment manager must have regard to in assessing the part of the application.

330Application of sdiv 4

This subdivision applies to an application requiring code assessment only, other than—

(a)an application for a preliminary approval to which section 242 applies; or

(b)an application that a concurrence agency has directed the assessment manager to refuse or approve in part only; or

(c)an application for development—

(i)in a wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 ; or

(ii)in a strategic environmental area under the Regional Planning Interests Act 2014 ; or

(iii)on a Queensland heritage place; or

(iv)in a protected area, critical habitat or area of major interest under the Nature Conservation Act 1992 ; or

(d)a vegetation clearing application under the Vegetation Management Act; or

(e)a building development application; or

(f)an application for which chapter 9, part 7 applies.

s 330 amd 2014 No. 40 s 73; 2014 No. 40 ss 73, 126

331Deemed approval of applications

(1)If the assessment manager does not decide the application within the decision-making period, including any extension of the period, the applicant may before the application is decided give written notice (a deemed approval notice) to the assessment manager that the application should be deemed to have been approved by the assessment manager.

(2)A deemed approval notice for an application must be in the approved form.

(3)If the applicant acts under subsection (1), the applicant must at the same time give a copy of the deemed approval notice to each entity mentioned in section 334 (1) (b) or (c) that would be entitled to receive a decision notice for the application.

(4) Subsections (5) to (9) apply if the applicant gives the assessment manager a deemed approval notice for an application.

(5)For this Act, the assessment manager is taken to have decided to approve the application on the day the deemed approval notice is received.

(6)Despite section 334 (2), the assessment manager must, within 10 business days after receiving the deemed approval notice, give the applicant a decision notice approving the application or approving the application subject to conditions.

(7)Despite section 324 (4) (a), a decision notice given for the application after a deemed approval notice is received must state that the approval is—

(a)if a concurrence agency has directed that any approval for the application must be a preliminary approval only—a preliminary approval; or

(b)if the application is for a preliminary approval—a preliminary approval; or

(c)if the application is for a development permit and paragraph (a) does not apply—a development permit; or

(d)if the application is for a preliminary approval and a development permit, and paragraph (a) does not apply—a combined preliminary approval and development permit.

(8)If a decision notice or negotiated decision notice is not given for the application, the approval is taken to be a development approval given by the assessment manager in the form of—

(a)if a concurrence agency has directed that any approval for the application must be a preliminary approval only—a preliminary approval; or

(b)if the application is for a preliminary approval—a preliminary approval; or

(c)if the application is for a development permit and paragraph (a) does not apply—a development permit; or

(d)if the application is for a preliminary approval and a development permit, and paragraph (a) does not apply—a combined preliminary approval and development permit.

(9)If a decision notice is not given and a concurrence agency’s response tells the assessment manager a different period for section 341 (1) (b), (2) (c) or (3) (b), the different period applies for the deemed approval.

s 331 amd 2012 No. 34 s 48