Planning Regulation 2017


Queensland Crest
Planning Regulation 2017

Part 1 Preliminary

1Short title

This regulation may be cited as the Planning Regulation 2017 .

2Commencement

This regulation commences on 3 July 2017.

3Definitions

The dictionary in schedule 24 defines particular words used in this regulation.

Part 2 Planning

Division 1 State planning instruments

4Regions—Act, sch 2

(1)The local government areas, or parts of the local government areas, of each group of local governments stated in schedule 1 , column 2 are prescribed as a region for schedule 2 of the Act , definition region.
(2)Each region has the name stated in schedule 1 , column 1.

Division 2 Local planning instruments

Subdivision 1 Regulated requirements

5Purpose and application of subdivision

(1)This subdivision prescribes, for section 16 (2) of the Act , the regulated requirements for the contents of a local planning instrument.
(2)This subdivision does not apply to—
(a)a local planning instrument made under the old Act before or after the commencement; or
(b)a TLPI made for all or part of a local government area, if a planning scheme made under the old Act before or after the commencement applies to the area.

6Zones that may be adopted

(1)A local planning instrument must not include land in a zone other than a zone stated in schedule 2 , column 1.
(2)If a local planning instrument includes land in a zone stated in schedule 2 , column 1—
(a)the instrument must include the purpose statement stated opposite the zone in column 2; and
(b)the land must be shown on zoning maps in the local planning instrument using the RGB colour stated opposite the zone in column 3.
(3)However, a local planning instrument may change a purpose statement for a zone if the Minister considers the change is necessary or desirable having regard to the circumstances in the local government area to which the instrument will apply.
(4)If a local planning instrument changes a purpose statement for a zone, the instrument must state—
(a)that the purpose statement has been changed; and
(b)the day the changed purpose statement took effect.
(5)In this section—
RGB colour means the colour created when the colours red, green and blue are combined in accordance with an integer value for each colour, expressed as a number from 0 to 255.

7Use terms that may be adopted

(1)For regulating uses in a local government area, a local planning instrument may adopt only the use terms stated in schedule 3 , column 1.
(2)If a local planning instrument adopts a use term stated in schedule 3 , column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.

8Administrative terms

(1)If a local planning instrument includes an administrative term stated in schedule 4 , column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.
(2)A local planning instrument may include an administrative term, other than a term in schedule 4 , column 1, only if the term is consistent with and does not change the effect of—
(a)the administrative terms in schedule 4 , column 1; and
(b)the definitions of those terms stated in schedule 4 , column 2.

9Statement about State planning instruments

(1)This section applies if—
(a)a State planning instrument, other than a temporary State planning instrument, applies to all or part of a local government area; and
(b)the Minister is satisfied the planning scheme for the local government area appropriately integrates all or part of the State planning instrument.
(2)The planning scheme must—
(a)state the name of the State planning instrument and the date it was made; and
(b)state that all or part of the State planning instrument is appropriately integrated in the planning scheme; and
(c)if part only of the State planning instrument is appropriately integrated in the planning scheme—include a description of the part.

Subdivision 2 Other provisions for local planning instruments

10Minister’s guidelines and rules—Act , s 17

For section 17 (3) of the Act , the Minister’s guidelines and rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2017 and published on the department’s website.

Division 3 Superseded planning schemes

11Making superseded planning scheme request—Act , s 29

(1)For section 29 (5)(a) of the Act , if the local government to which a superseded planning scheme request is made has a form for the request, the request must be in that form.
(2)For section 29 (5)(b) of the Act , a superseded planning scheme request must include—
(a)the name, residential or business address, electronic address and phone number of the person making the request; and
(b)the address or property description of the premises that the request relates to; and
(c)a statement about whether the person making the request is asking the local government—
(i)to accept, assess and decide a superseded planning scheme application; or
(ii)to apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme; and
(d)for a request under paragraph (c)(i)—a copy of the proposed superseded planning scheme application; and
(e)for a request under paragraph (c)(ii)—a description and plan of the proposed development; and
(f)details of the superseded planning scheme that the request relates to; and
(g)if the local government has set a fee under subsection (3) for considering the request—the fee.
(3)For section 29 (5)(c) of the Act , a local government may, by resolution, set a fee for considering a superseded planning scheme request.

12Deciding superseded planning scheme request—Act , s 29

For section 29 (6) of the Act
(a)a local government must decide whether or not to agree to a superseded planning scheme request within 30 business days after the request is received; and
(b)the period mentioned in paragraph (a) may be extended by the local government if the person making the request agrees, in writing, to the extension before the period ends.

Division 4 Designation of premises for development of infrastructure

13Infrastructure—Act , s 35

The infrastructure stated in schedule 5 is prescribed for section 35 (1) of the Act .

14Guidelines for environmental assessment and consultation—Act , s 36

For section 36 (3) of the Act , the guidelines for the process for carrying out an environmental assessment, including consultation, under section 36 (2) of the Act are contained in the document called ‘Minister’s guidelines and rules’, dated July 2017 and published on the department’s website.

15Designation process rules—Act , s 37

For section 37 (8) of the Act , definition designation process rules, the designation process rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2017 and published on the department’s website.

Part 3 Local categorising instruments

16Development local categorising instrument is prohibited from stating is assessable development—Act , s 43

For section 43 (5)(b) of the Act , a local categorising instrument is prohibited from stating that development stated in schedule 6 is assessable development.

17Assessment benchmarks that local categorising instruments may not be inconsistent with—Act , s 43

For section 43 (5)(c) of the Act , a local categorising instrument may not, in its effect, be inconsistent with the effect of the following assessment benchmarks—
(a)schedule 11 ;
(b)the building assessment provisions stated in the Building Act , section 30 (a) to (d), (f) or (g);
(c)the Coastal Regulation, schedule 3;
(d)an assessment benchmark prescribed under the Environmental Protection Act , section 580 (4) (a) for a material change of use for an environmentally relevant activity that is a concurrence ERA;
(e)the Prostitution Regulation 2014 , schedule 3 ;
(f)the Queensland Heritage Regulation 2015 , schedule 2 ;
(g)an assessment benchmark stated in the regional plan for a region to which the local categorising instrument applies.

s 17 amd 2017 SL No. 103s 89; 2017 SL No. 141s 3; 2017 SL No. 138s 18

Part 4 Development assessment

Division 1 Categories of development

18Accepted development—Act , s 44

For section 44 (5) of the Act , development stated in schedule 7 is accepted development.

19Prohibited development—Act , s 44

For section 44 (5) of the Act , development is prohibited development if it is stated in schedule 10 to be prohibited development.

20Assessable development—Act, ss 44 and 45

(1)For section 44 (5) of the Act , development is assessable development if it—
(a)is stated in schedule 9 or 10 to be assessable development; and
(b)is not prohibited development under section 19 .
(2)For section 45 (2) of the Act , schedules 9 and 10 state the category of assessment required for assessable development stated in the schedules.

Division 2 Assessment manager

21Assessment manager for development applications—Act , s 48

(1)This section prescribes, for section 48 (2) of the Act , the assessment manager for a development application.
(2)For a development application for—
(a)a material change of use for a wind farm and no other assessable development, the assessment manager is the chief executive; or
(b)a material change of use for a wind farm and other assessable development—
(i)if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or
(ii)otherwise—the assessment manager is the entity decided by the Minister.
(3)For a development application for—
(a)a material change of use that is assessable development under schedule 10 , part 4 , division 1 and no other assessable development, the assessment manager is the chief executive; or
(b)a material change of use that is assessable development under schedule 10 , part 4 , division 1 and other assessable development—
(i)if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or
(ii)otherwise—the assessment manager is the entity decided by the Minister.
(4)For a development application other than an application stated in subsection (2) or (3), schedule 8 , column 2 states the assessment manager for the application stated opposite the assessment manager in column 1.
(5)In this section—
prescribed assessable development means assessable development for which, if a separate development application were made for the development, the chief executive would be the prescribed assessment manager.

s 21 amd 2017 SL No. 141s 15; 2017 SL No. 201s 3

Division 3 Referral agency’s assessment

22Referral agency’s assessment generally—Act, ss 54, 55 and 56

(1)Schedules 9 and 10 prescribe—
(a)for section 54 (2)(a) of the Act , the referral agency for the development applications stated in the schedules; and
(b)for section 55 (2) of the Act , the matters the referral agency—
(i)may or must assess the development application against; and
(ii)may or must assess the development application having regard to.
(2)For section 55 (2)(a) of the Act , a referral agency for a development application must also assess the application against the following matters, unless the referral agency is the chief executive—
(a)the laws administered by the referral agency;
(b)the policies that are reasonably identifiable as policies applied by the referral agency.
(3)For section 55 (2)(b) of the Act , a referral agency for a development application must also assess the application having regard to—
(a)if the referral agency is the chief executive—
(i)the strategic outcomes for the local government area stated in the planning scheme; and
(ii)the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and
(iii)the strategic intent and desired regional outcomes stated in the regional plan for a region; and
(iv)the State Planning Policy, parts C and D; and
(v)for premises designated by the Minister—the designation for the premises; and
(b)if the referral agency is a person other than the chief executive—
(i)a local planning instrument applying to the premises; and
(ii)the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and
(iii)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and
(iv)for premises that are designated premises—the designation; and
(c)any temporary State planning policy applying to the premises; and
(d)any development approval applying to the premises; and
(e)to the extent the referral agency’s powers involve assessing the cost impacts of supplying infrastructure for development under chapter 4, part 2, division 2 , subdivision 3 or part 3 of the Act —any relevant charges resolution; and
(f)material about the application received by the referral agency, including material received before the application was made.

Note—

See also section 23 .
(4)A referral agency may consider a matter stated in subsection (1)(b), (2) or (3) only to the extent the referral agency considers the matter is relevant to the development.
(5)For section 56 (5) of the Act , a referral agency’s powers for a development application are limited in the way stated for the application in schedule 9 or 10.

23Changes to referral agency’s assessment for particular development at Port of Brisbane

(1)Subsection (2) applies to a development application for development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, other than development that is—
(a)building work; or
(b)carried out on a Queensland heritage place.
(2)An entity that would, other than for this subsection, be a referral agency for the development application under schedule 10 , other than schedule 10 , part 13, division 1, is not a referral agency for the application.
(3)Subsections (4) and (5) apply to a development application for—
(a)development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP; or
(b)development below high-water mark and within the Port of Brisbane’s port limits under the Transport Infrastructure Act .
(4)Section 22 (3)(a)(i) to (iii) and (b)(i) and (ii) does not apply to the development application.
(5)For section 55 (2)(b) of the Act , a referral agency for the development application must assess the application having regard to the Brisbane port LUP.

24When no response by referral agency is taken to be direction to refuse—Act , s 58

(1)This section applies to a development application for building work under the Building Act , if—
(a)the local government is a referral agency for the application; and
(b)the local government is assessing a matter other than the amenity and aesthetic impact of a building or structure; and
(c)the local government does not comply with section 56 (4) of the Act before the end of the period stated in the development assessment rules for complying with the section, including any extension of that period under the rules.
(2)For section 58 (2)(c) of the Act , the local government is taken to have directed the assessment manager to refuse the development application.

Division 4 Assessment manager’s decision

Subdivision 1 Code assessment

25Application of subdivision

This subdivision applies to a development application for assessable development that requires code assessment.

26Assessment benchmarks generally—Act , s 45

(1)For section 45 (3)(a) of the Act , the code assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10.
(2)Also, if the prescribed assessment manager is the local government, the code assessment must be carried out against the following assessment benchmarks—
(a)the assessment benchmarks stated in—
(i)the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and
(ii)the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and
(iii)any temporary State planning policy applying to the premises;
(b)if the local government is an infrastructure provider—the local government’s LGIP.
(3)However, an assessment manager may, in assessing development requiring code assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.

27Matters code assessment must have regard to generally—Act , s 45

(1)For section 45 (3)(b) of the Act , the code assessment must be carried out having regard to—
(a)the matters stated in schedules 9 and 10 for the development; and
(b)if the prescribed assessment manager is the chief executive—
(i)the strategic outcomes for the local government area stated in the planning scheme; and
(ii)the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and
(iii)the strategic intent and desired regional outcomes stated in the regional plan for a region; and
(iv)the State Planning Policy, parts C and D; and
(v)for premises designated by the Minister—the designation for the premises; and
(c)if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and
(d)if the prescribed assessment manager is a person other than the chief executive—
(i)the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and
(ii)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and
(iii)for designated premises—the designation for the premises; and
(e)any temporary State planning policy applying to the premises; and
(f)any development approval for, and any lawful use of, the premises or adjacent premises; and
(g)the common material.
(2)However—
(a)an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and
(b)if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1), this section does not require the assessment manager to also have regard to the assessment benchmarks.

28Code assessment for particular development applications

(1)Section 26 (2)(a) does not apply to a development application for building work assessable against the building assessment provisions.
(2)For a development application for reconfiguring a lot to which schedule 12 applies—
(a)sections 26 and 27 do not apply; and
(b)the code assessment must be carried out only against the assessment benchmarks stated in schedule 10 , part 14, division 2 for the development.

Subdivision 2 Impact assessment

29Application of subdivision

This subdivision applies to a development application for assessable development that requires impact assessment.

30Assessment benchmarks generally—Act , s 45

(1)For section 45 (5)(a)(i) of the Act , the impact assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10.
(2)Also, if the prescribed assessment manager is the local government, the impact assessment must be carried out against the following assessment benchmarks—
(a)the assessment benchmarks stated in—
(i)the regional plan for a region; and
(ii)the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and
(iii)a temporary State planning policy applying to the premises;
(b)if the development is not in a local government area—any local planning instrument for a local government area that may be materially affected by the development;
(c)if the local government is an infrastructure provider—the local government’s LGIP.
(3)However, an assessment manager may, in assessing development requiring impact assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.

s 30 amd 2017 SL No. 141s 4

31Matters impact assessment must have regard to generally—Act , s 45

(1)For section 45 (5)(a)(ii) of the Act , the impact assessment must be carried out having regard to—
(a)the matters stated in schedules 9 and 10 for the development; and
(b)if the prescribed assessment manager is the chief executive—
(i)the strategic outcomes for the local government area stated in the planning scheme; and
(ii)the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and
(iii)the strategic intent and desired regional outcomes stated in the regional plan for a region; and
(iv)the State Planning Policy, parts C and D; and
(v)for premises designated by the Minister—the designation for the premises; and
(c)if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and
(d)if the prescribed assessment manager is a person other than the chief executive—
(i)the regional plan for a region; and
(ii)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and
(iii)for designated premises—the designation for the premises; and
(e)any temporary State planning policy applying to the premises; and
(f)any development approval for, and any lawful use of, the premises or adjacent premises; and
(g)the common material.
(2)However—
(a)an assessment manager may, in assessing development requiring impact assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and
(b)if an assessment manager is required to carry out impact assessment against assessment benchmarks in an instrument stated in subsection (1), this section does not require the assessment manager to also have regard to the assessment benchmarks.

s 31 amd 2017 SL No. 141s 5

Subdivision 3 Variation requests

32Assessing variation requests—Act , s 61

For section 61 (2)(d) of the Act , an assessment manager must consider the following matters when assessing a variation request, to the extent the matter is relevant to the request—
(a)the common material;
(b)the regional plan for a region;
(c)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme;
(d)any temporary State planning policy.

s 32 amd 2017 SL No. 141s 6

Division 5 Fees

33Required fee for development applications—Act , s 51

(1)For section 51 (1)(b)(ii) of the Act , the required fee for a development application (a prescribed development application) that the Minister or a public sector entity, other than a local government, is the assessment manager for is—
(a)if the application is for 1 aspect of development only—the fee stated in schedule 9 or 10 for a development application for the aspect made to the Minister or public sector entity; or
(b)if the application is for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were made to the Minister or public sector entity.

Example for paragraph (b)—

The chief executive is assessment manager for a development application for assessable development under schedule 10 , part 7 , division 1, section 13 , and assessable development under schedule 10 , part 3 , division 2, section 5 for the aspects of development stated in schedule 10 , part 3 , division 3, table 1, item 5(a)(ii) and (b)(ii). The required fee that is payable to the chief executive as assessment manager is $21,908.00.
(2)However, this section is subject to sections 35 to 38.

34Required fee for referral agency’s assessment—Act , s 54

(1)For section 54 (1) of the Act , the required fee for the referral under section 54 of the Act of a development application (also a prescribed development application) to the Minister or a public sector entity, other than a local government, is—
(a)if the Minister or public sector entity is a referral agency for 1 aspect of development only—the fee stated in schedule 9 or 10 for the referral of a development application for the aspect to the Minister or public sector entity; or
(b)if the Minister or public sector entity is a referral agency for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were referred to the Minister or public sector entity.

Example for paragraph (b)—

The chief executive is a referral agency for a development application for assessable development under schedule 10 , part 7 , division 1, section 13 , and assessable development under schedule 10 , part 3 , division 2, section 5 for the aspects of development stated in schedule 10 , part 3 , division 3, table 1, item 5(a)(ii) and (b)(ii). The required fee that is payable to the chief executive as referral agency is $10,172.00.
(2)However, this section is subject to sections 35 to 38.

35Fee for operational work for clearing native vegetation

(1)This section applies to a prescribed development application for operational work for the clearing of native vegetation if—
(a)the application or referral is for more than 1 aspect of the operational work; and
(b)the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than $12,518.
(2)The total of the fee payable to the assessment manager or referral agency for the aspects is $12,518.

Example—

For a development application for assessable development under schedule 10 , part 3 , division 2, section 5 for the aspects of development stated in schedule 10 , part 3 , division 3, table 1, item 5(a)(i), (b)(ii) and (c)(iii), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is $12,518.
(3)However, this section is subject to sections 37 and 38.

36Fee for operational work that is waterway barrier works

(1)This section applies to a prescribed development application for operational work that is constructing or raising waterway barrier works if—
(a)the application or referral is for more than 1 aspect of the operational work; and
(b)the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than $12,518.
(2)The total of the fee payable to the assessment manager or referral agency for the aspects is $12,518.

Example—

For a development application for assessable development under schedule 10 , part 6 , division 4, subdivision 1, section 12 for the aspects of development stated in schedule 10 , part 6 , division 4, subdivision 2, table 1, item 5(a), (b) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is $12,518.
(3)However, this section is subject to sections 37 and 38.

36AFee for assessable development under sch 10 , pt 16

(1)This section applies in relation to the referral of a prescribed development application under schedule 10 , part 16 if the referral is for more than 1 type of material change of use that is assessable development under that part.
(2)The total of the fee payable to the referral agency for the referral is $1,564.

Example—

For a development application for assessable development under schedule 10 , part 16, sections 24 and 27, the total fee payable to the chief executive as referral agency for the application is $1,564.
(3)However, this section is subject to sections 37 and 38.

s 36A ins 2017 SL No. 141s 7

37Fee for fast-track development

(1)This section applies to a prescribed development application if—
(a)the application is for an aspect of development that is fast-track development; and
(b)the fee payable to the assessment manager or a referral agency for the aspect would, other than for this section, be more than $782.
(2)The fee payable to the assessment manager or referral agency for the aspect is $782.
(3)However, this section is subject to section 38 .

38Required fee for registered non-profit organisations and government-funded community development

(1)This section applies to a prescribed development application if 1 or both of the following apply—
(a)the application is made by a registered non-profit organisation;
(b)the application is for a community-related use, activity or facility, and all of the following apply—
(i)the development is funded, wholly or partly, by the State or Commonwealth;
(ii)the application is accompanied by a statutory declaration by the applicant stating the amount of the funding;
(iii)the required fee that would, other than for this section, be payable to the assessment manager or a referral agency for the application, is more than 5% of the amount stated in the statutory declaration.
(2)The required fee payable to the assessment manager or referral agency for the application, is 50% of the fee that would, other than for this section, be payable for the application.

Examples—

1For a development application made by a registered non-profit organisation for assessable development under schedule 10 , part 3 , division 2, section 5 for the aspect of development stated in schedule 10 , part 3 , division 3, table 1, item 5(d), the required fee payable to the assessment manager for the application, which would, other than for this section, be $12,518, is $6,260.
2For a development application made by a registered non-profit organisation for assessable development under schedule 10 , part 3 , division 2, section 5 for the aspect of development stated in schedule 10 , part 3 , division 3, table 1, item 5(d) that is fast-track development, the required fee payable to the assessment manager for the application, which would other than for this section be $782, is $391.

39Required fee for particular change applications and extension applications—Act, ss 79 and 86

Schedule 15 prescribes—
(a)for section 79(1)(b)(i) of the Act , the required fee for making a change application to the chief executive or the Minister as the responsible entity; and
(b)for section 86(2)(b)(i) of the Act , the required fee for making an extension application to the chief executive as the assessment manager.

40When required fee may be waived—Act , s 109

(1)This section applies to—
(a)a development application; or
(b)a change application; or
(c)an extension application; or
(d)the referral, under section 54 of the Act , of a development application or change application to a referral agency.
(2)For section 109(b) of the Act , all or part of the required fee for the application or referral may be waived if the application or referral is made by a registered non-profit organisation.

Division 6 Miscellaneous

41Deciding whether development is consistent with future planning intent

(1)This section applies if, under schedule 10 , part 15, a referral agency is deciding whether or not development on premises completely or partly in an SEQ development area is consistent with the future planning intent for the area in which the premises are located.
(2)Subsection (3) applies if—
(a)the planning scheme applying to the premises, or a major amendment of the planning scheme, is made after the gazette notice identifying the SEQ development area is published; and
(b)the planning scheme or amendment includes a land use and infrastructure plan for the SEQ development area.
(3)The referral agency may decide the development is consistent with the future planning intent for the area only if the development is consistent with the land use and infrastructure plan.
(4)If subsection (3) does not apply, the referral agency may decide the development is consistent with the future planning intent for the area only if the development—
(a)is consistent with the goals, elements and strategies stated in the SEQ regional plan; and
(b)does not compromise the intent for the area stated in—
(i)the SEQ regional plan; or
(ii)the gazette notice for the SEQ development area; and
(c)does not adversely affect the delivery and orderly sequencing of infrastructure for the SEQ development area or land adjacent to the SEQ development area; and
(d)is compatible with the use of other premises in the surrounding area; and
(e)avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides, or, if the area can not be avoided, minimises the risk.
(5)In this section—
major amendment, of a planning scheme, see the Minister’s guidelines and rules, schedule 1 , section 4 .

s 41 sub 2017 SL No. 141s 8

41ADeciding whether development is required to be outside SEQ urban footprint

(1)This section applies if, under schedule 10 , part 16, a referral agency is deciding whether or not the locational requirements or environmental impacts of development require it to be outside the SEQ urban footprint.
(2)The referral agency may decide the locational requirements or environmental impacts of the development require it to be outside the SEQ urban footprint only if—
(a)the premises have particular characteristics that are necessary for the carrying out of the development; and
(b)the development could not reasonably be located on premises in the SEQ urban footprint that have the particular characteristics.

s 41A ins 2017 SL No. 141s 8

41BDeciding whether there is an overriding need in the public interest for development

(1)This section applies if, under schedule 10 , part 16, a referral agency is deciding whether or not there is an overriding need, in the public interest, for development to be carried out.
(2)The referral agency may decide there is an overriding need, in the public interest, for the development to be carried out only if the development application demonstrates that—
(a)the development will have a social, economic or environmental benefit for the community that outweighs—
(i)any adverse impact of the development on a matter or thing stated in the SEQ regional plan, table 11b; and
(ii)the desirability of achieving the goals, elements and strategies stated in the SEQ regional plan, particularly the goals, elements and strategies about—
(A)consolidating urban development in the SEQ urban footprint; and
(B)preventing land fragmentation in the SEQ regional landscape and rural production area; and
(b)there will be a significant adverse economic, social or environmental impact on the community if the development is not carried out.
(3)To remove any doubt, it is declared that there is not an overriding need, in the public interest, for the development to be carried out merely because—
(a)the applicant—
(i)owns the premises; or
(ii)has an interest in, or option over, the premises; or
(b)the premises are available for the carrying out of the development.

s 41B ins 2017 SL No. 141s 8

42Who decision notice must be given to—Act, ss 63 and 76

(1)For sections 63 (1)(f) and 76(2)(b)(v) of the Act , the following persons are prescribed—
(a)if a distributor-retailer delegated its functions as a referral agency for the development application to its participating local government—the distributor-retailer;
(b)if the development application is for building work—
(i)the owner of any prescribed building that the application relates to; and
(ii)any other person nominated on the application as the person to receive documents.
(2)In this section—
prescribed building means a building that is, under the Building Code, a single detached class 1(a) building or a class 10 building or structure.

43Requirements for decision notice—Act , s 63

For section 63 (3) of the Act , a decision notice for a development application that is approved must—
(a)state any other development permits necessary to allow the development to be carried out; and
(b)be accompanied by any approved plans, specifications or drawings for the development approval; and
(c)if the development involves building work that is building, repairing or altering a building and is assessable against the building assessment provisions—state the classification or proposed classification of the building or parts of the building under the Building Code; and
(d)if the development application is taken, under the Environmental Protection Act , section 115 , to also be an application for an environmental authority—state details of any environmental authority given for the application under that Act; and
(e)be accompanied by a copy of any written agreement under section 49 (4)(b) or 66(2)(b) or (c) of the Act relating to the approval.

44Development assessment rules—Act, ss 68 and 69

(1)For sections 68 (4) and 69(2)(b) of the Act , the development assessment rules are contained in the document called ‘Development assessment rules’, made and amended by the Minister and published on the department’s website on 4 August 2017.
(2)For section 69 (4) of the Act , the amendment of the development assessment rules was published on the department’s website on 4 August 2017.

s 44 sub 2017 SL No. 141s 16

Part 5 Proposed call in notice

45Purpose of part

This part prescribes, for section 102(3) of the Act , matters in relation to the giving of a proposed call in notice.

46Content of proposed call in notice

A proposed call in notice for an application must state—
(a)that the Minister is proposing to call in the application; and
(b)the reasons for the proposed call in; and
(c)for an application other than a cancellation application—
(i)if the notice is given before the decision-maker decides the application—that the process for assessing and deciding the application stops on the day the notice is given; and
(ii)the point in the process for assessing and deciding the application from which the Minister proposes the process will restart if the application is called in; and
(iii)if the application is proposed to be called in before the decision-maker decides the application—whether the Minister intends to direct the decision-maker to assess all or part of the application; and
(d)that the person to whom the notice is given may make representations to the Minister about the proposed call in within the representation period.

47When proposed call in notice must be given

A proposed call in notice for an application must be given—
(a)if the application is a development application—any time before the latest of the following—
(i)15 business days after the day the chief executive receives notice of an appeal about the decision for the application;
(ii)if there is a submitter for the application—50 business days after the day the decision notice is given to the applicant;
(iii)if there are no submitters for the application and a decision notice is given for the application—25 business days after the day the decision notice is given to the applicant;
(iv)if the application is taken to have been approved under section 64 of the Act and a decision notice is not given for the application—25 business days after the day the decision notice was required to be given to the applicant; or
(b)if the application is change representations about a development approval—any time before the latest of the following—
(i)15 business days after the day the chief executive receives notice of an appeal about the decision for the development application;
(ii)if there is a submitter for the development application—50 business days after the day the decision notice for the change representations is given to the applicant;
(iii)if there are no submitters for the development application—25 business days after the day the decision notice for the change representations is given to the applicant; or
(c)if the application is a change application or an extension application—within 20 business days after the later of the following—
(i)the day the chief executive receives notice of an appeal about the decision for the application;
(ii)the end of the appeal period for the decision on the application; or
(d)if the application is a cancellation application—any time before the development approval is cancelled.

48Effect of proposed call in notice on process for assessing and deciding application

(1)This section applies to an application other than a cancellation application.
(2)If a proposed call in notice is given for the application before the decision-maker decides the application, the process for assessing and deciding the application stops on the day the notice is given.
(3)If the Minister gives notice, under section 51 , that the application will not be called in, the process for assessing and deciding the application restarts from the point in the process at which it stopped under subsection (2).

49Effect of proposed call in notice on appeal period

(1)This section applies to an application other than a cancellation application, if—
(a)a proposed call in notice is given for the application after the decision-maker decides the application; and
(b)the Minister gives notice, under section 51 , that the application will not be called in.
(2)The appeal period relating to the decision is taken to have started again the day after the notice is given under section 51 .

50Representation period

The representation period for a proposed call in is the period, of at least 5 business days after the proposed call in notice is given, stated in the notice.

51Notice of decision not to call in application

(1)If the Minister decides not to call in an application for which a proposed call in notice has been given, the Minister must give notice of the decision to each person to whom the proposed call in notice was given.
(2)The notice must be given within 20 business days after the end of the representation period for the proposed call in.
(3)Subsection (4) applies if the proposed call in notice was given—
(a)for an application other than a cancellation application; and
(b)before the decision-maker decided the application.
(4)The notice under subsection (2) must state that the process for assessing and deciding the application restarts from the point in the process at which the process stopped because of the giving of the proposed call in notice.

Part 6 Infrastructure

52Adopted charges—Act , s 112

(1)For section 112(1) of the Act , schedule 16, column 2 states the prescribed amount for each adopted charge under chapter 4 of the Act and the SEQ Water Act for providing trunk infrastructure for the use stated in schedule 16 , column 1.
(2)For section 112(3)(a) of the Act , the charges breakup as between Ipswich City Council and Queensland Urban Utilities is the proportion that applied to each of those entities under Ipswich City Council’s adopted infrastructure charges resolution as in force at the commencement.
(3)For section 112(3)(b) of the Act
(a)if development is a material change of use, reconfiguring a lot or building work and is for a use stated in schedule 16 , column 1—a local government may have an adopted charge for trunk infrastructure for the development under chapter 4 of the Act ; and
(b)if a connection under the SEQ Water Act is for a use stated in schedule 16 , column 1—a distributor-retailer may have an adopted charge under that Act for trunk infrastructure for the connection.

53Infrastructure guidelines—Act, ss 116 and 117

For sections 116(2) and 117(2) of the Act , the guidelines for the following matters are contained in the document called ‘Minister’s guidelines and rules’, dated July 2017 and published on the department’s website—
(a)parameters for the purpose of working out an offset or refund under chapter 4, part 2 of the Act ;
(b)parameters for the criteria for deciding a conversion application.

Part 7 Dispute resolution

54Qualifications and experience for referees—Act , s 233

(1)For section 233(1)(a) of the Act , the appointer may appoint a person to be a referee if the appointer considers the person has demonstrated knowledge of at least 1 of the following that the appointer considers is sufficient to enable the person to perform the functions of a referee—
(a)building design and construction;
(b)infrastructure design and delivery;
(c)siting of residential buildings;
(d)neighbourhood amenity matters;
(e)relevant health or fire safety matters;
(f)the Act , the Building Act or the Plumbing and Drainage Act ;
(g)the Building Code, the Queensland Development Code or the Australian Standards relating to building work;
(h)the Plumbing Code, the Queensland Plumbing and Wastewater Code or the Australian Standards relating to plumbing and drainage work;
(i)engineering.
(2)In this section—
Plumbing Code means the parts of the National Construction Code that form the Plumbing Code of Australia (including the Queensland Appendix), published by the Australian Building Codes Board, as amended from time to time by amendments published by the board.

55Tribunal chairperson—Act , s 237

For section 237(4)(a) of the Act , if a tribunal is to hear only a proceeding about an infrastructure charges notice or conversion application, the chairperson of the tribunal must be a lawyer.

56Required fees for tribunal proceedings—Act , s 237

For section 237(4)(b) of the Act , the required fees for tribunal proceedings are stated in schedule 17 .

Part 8 Urban encroachment

Division 1 Application for registration or renewal

Subdivision 1 Preliminary

57Application of division

This division applies to an application under section 267 of the Act to register, or renew the registration of, premises.

Subdivision 2 Matters for chapter 7, part 4 of the Act

58Purpose of subdivision

This subdivision prescribes, for section 275 of the Act , matters for chapter 7, part 4 of the Act .

59Requirements for application for registration or renewal

(1)The application must include—
(a)a map that shows—
(i)the area (the mapped area) that the proposed registration, or renewed registration, is intended to relate to; and
(ii)a lot on plan description of the mapped area; and
(b)details of any intensification of development, or proposed development, within the mapped area that is encroaching, or is likely to encroach, on the premises; and
(c)a statement about the nature of development proposed for the mapped area under a local categorising instrument or regional plan applying to the area; and
(d)information about the significance of the activity carried out at the premises to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and
(e)details of all public consultation carried out in the mapped area by, or for, the applicant about the proposed registration or renewal, including—
(i)copies of the notices under section 60 ; and
(ii)details of the period for which the consultation was carried out and the outcomes of the consultation; and
(f)details of any written complaints made to the applicant—
(i)within 1 year before the application is made; and
(ii)about emissions from the activity carried out at the premises; and
(g)details of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the premises; and
(h)a report (the technical report) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the premises; and
(i)if the activity is a prescribed ERA under the Environmental Protection Act —a copy of the environmental authority for carrying out the activity.
(2)The technical report must include a certification by the person who prepared the report about whether the levels of emissions from the carrying out of the activity comply with—
(a)any development approval for the premises; and
(b)any authority under the Environmental Protection Act applying to the activity.

60Applicant to give notice of application

(1)The applicant must—
(a)give notice of the application to the owners and occupiers of all premises in the mapped area; and
(b)publish a notice about the application at least once in a newspaper circulating generally in the mapped area.
(2)The notice must—
(a)state the name, postal address, electronic address and phone number of the applicant; and
(b)state the name of, or describe, the premises that the application relates to; and
(c)describe the mapped area; and
(d)state where copies of the application may be inspected or purchased; and
(e)include information about legal proceedings that, under section 274 of the Act , will not be able to be brought if the application is approved.

61Minister may request extra information

(1)This section applies if the Minister reasonably requires extra information or a document to decide the application.
(2)The Minister may, by notice, require the applicant to give the extra information or document to the Minister within the reasonable period of at least 30 business days stated in the notice.
(3)The notice must be given within 30 business days after the Minister receives the application.
(4)If the applicant does not comply with the requirement within the stated period, the applicant is taken to have withdrawn the application.

62Assessing application for registration or renewal

(1)The Minister must assess the application against—
(a)whether the activity carried out on the premises is significant to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and
(b)whether the activity carried out on the premises is consistent with the nature of development proposed for the mapped area under a local categorising instrument and a regional plan applying to the mapped area.
(2)The Minister must assess the application having regard to the outcomes of the public consultation about the proposed registration or renewal.

63Content of notices

(1)This section applies if the Minister decides, under section 267 of the Act , to register premises (with or without conditions) or renew the registration of premises.
(2)The decision notice for the decision must—
(a)if the decision is to register the premises, or renew the registration, on conditions—state the conditions and the period within which the conditions must be complied with; and
(b)if the Minister decides a term of registration for the premises of more than 10 years—state the term of the registration.
(3)The notice given under section 267(12) of the Act must—
(a)include a map of the affected area; and
(b)state the period for which the registration has effect.
(4)The notice published by the owner of the premises under section 269(3)(a) or (4) of the Act must—
(a)state the name of, or describe, the registered premises; and
(b)include a description of the affected area; and
(c)state where a member of the public can get—
(i)a map showing the affected area; or
(ii)a copy of any conditions of the registration; or
(iii)details of the types and levels of emissions from the carrying out of the activity for which the premises are registered.

Subdivision 3 Other matters

64Criteria for registration or renewal—Act , s 267

For section 267(7)(b) of the Act , the Minister may register premises, or renew the registration of premises, if the Minister is satisfied that public consultation about the proposed registration or renewal has been carried out in the mapped area by, or for, the applicant.

Division 2 Amending or cancelling registration

65Notice of proposed amendment—Act , s 275

(1)This section applies if the Minister proposes, under section 268(1)(a) of the Act , to amend the conditions of the registration of premises.
(2)For section 275 of the Act , the Minister must give the owner of the premises a notice that states—
(a)that the Minister proposes to amend the conditions of the registration; and
(b)details of the proposed amendment, including the reasons for the amendment; and
(c)that the owner may, within a stated period of at least 14 business days after the notice is given, make representations to the Minister about the proposed amendment.

66Notice of proposed cancellation—Act , s 275

(1)This section applies if the Minister proposes, under section 268(1)(b) of the Act , to cancel the registration of premises.
(2)For section 275 of the Act , the Minister must give the owner of the premises a notice that states—
(a)that the Minister proposes to cancel the registration; and
(b)the reasons for the proposed cancellation; and
(c)that the owner may, within a stated period of at least 20 business days after the notice is given, make representations to the Minister about the proposed cancellation.

67Requirements for notices about amending or cancelling registration—Act , s 275

(1)For section 275 of the Act , if the Minister decides, under section 268(1)(a) of the Act , to amend the conditions of the registration of premises, the decision notice given under section 268(2) of the Act must state—
(a)the conditions being amended, including details of the amendments; and
(b)the reasons for the decision; and
(c)the period within which the amended conditions must be complied with.
(2)For section 275 of the Act , if the Minister decides, under section 268(1)(b) of the Act , to cancel the registration of premises, the decision notice given under section 268(2) of the Act must—
(a)state the decision and the reasons for the decision; and
(b)include details of the registered premises; and
(c)include a map of the affected area.
(3)For section 275 of the Act , if the owner of registered premises gives a notice under section 268(4) of the Act cancelling the registration, the notice must include—
(a)details of the registered premises; and
(b)a map of the affected area.

Division 3 Affected area development applications

68Development applications that are not affected area development applications

(1)For schedule 2 of the Act , definition affected area development application, the following development applications are not affected area development applications—
(a)a development application for development relating to a class 1(a) building or class 1(b) building, if the development is on land other than undeveloped land;
(b)a development application for development relating to a class 10 building or structure.
(2)In this section—
undeveloped land means—
(a)land in its natural state; or
(b)land that is or was used for 1 or more of the following purposes and has not been developed for an urban purpose—
(i)agriculture;
(ii)animal husbandry;
(iii)apiculture;
(iv)aquaculture;
(v)dairy farming;
(vi)grazing;
(vii)horticulture;
(viii)viticulture; or
(c)land on which an abattoir or tannery is or was situated and that has not been developed for an urban purpose.

Part 9 Miscellaneous

69Approving plans of subdivision—Act , s 284

For section 284(2)(b) of the Act , schedule 18 states the process for local governments to approve a plan of subdivision for reconfiguring a lot that, under an Act, requires local government approval (in whatever form) before the plan can be registered or otherwise recorded under that Act.

70Public access to certain documents—Act , s 264

(1)For section 264(1) of the Act , schedule 22 prescribes—
(a)the documents the following persons must or may keep publicly available—
(i)a local government;
(ii)an assessment manager;
(iii)a referral agency;
(iv)the chief executive; and
(b)whether the documents—
(i)must be kept available for inspection and purchase or for inspection only; and
(ii)must or may be published on the person’s website; and
(c)if a document must or may be kept for a particular period only—the period during which the document must or may be kept.
(2)For section 264(6) of the Act , schedule 22 also prescribes the documents that section 264 of the Act does not apply to the extent the person required to make the document publicly available reasonably considers the document contains the information mentioned in section 264(6) of the Act .
(3)If schedule 22 requires a document to be kept, a certified copy of the document may be kept instead of the document.

71Planning and development certificates—Act , s 265

For section 265(4) of the Act , schedule 23 prescribes the information that must be included in limited, standard and full planning and development certificates.

72Priority infrastructure areas—Act , s 304

(1)For section 304(2) of the Act , the PIA for the local government area of a local government stated in the repealed SPRP (adopted charges), schedule 2 , column 1 is the area shown as a PIA on a map stated opposite the local government in column 2 and published on the department’s website.
(2)In this section—
repealed SPRP (adopted charges) means the State planning regulatory provision, made under the old Act, called ‘State Planning Regulatory Provision (adopted charges) - July 2012’, as in force immediately before the old Act was repealed.

Schedule 1 Regions

section 4

Column 1
Name of region

Column 2
Groups of local governments

SEQ region

Brisbane
Gold Coast
Ipswich
Lockyer Valley
Logan
Moreton Bay
Noosa
Redland
Scenic Rim
Somerset
Sunshine Coast
the part of the local government area of Toowoomba Regional Council delineated in black on maps SEQ RP 16 and SEQ RP 21, dated August 2017 and published on the department’s website

Far North Queensland region

Cairns
Cassowary Coast
Douglas
Mareeba
Tablelands
Wujal Wujal
Yarrabah

North West region

Cloncurry
Flinders
McKinlay
Mount Isa
Richmond

Central West region

Barcaldine
Barcoo
Blackall Tambo
Boulia
Diamantina
Longreach
Winton

South West region

Bulloo
Murweh
Paroo
Quilpie

Maranoa-Balonne region

Balonne
Maranoa

Wide Bay Burnett region

Bundaberg
Cherbourg
Fraser Coast
Gympie
North Burnett
South Burnett

Mackay, Isaac and Whitsunday region

Isaac
Mackay
Whitsunday

Central Queensland region

Banana
Central Highlands
Gladstone
Livingstone
Rockhampton
Woorabinda

Darling Downs region

Balonne
Goondiwindi
Maranoa
Southern Downs
Toowoomba
Western Downs

Cape York region

Aurukun
Cook
Hope Vale
Kowanyama
Lockhart River
Mapoon
Napranum
Northern Peninsula Area
Pormpuraaw
Weipa Town Authority
Wujal Wujal

North Queensland region

Burdekin
Charters Towers
Hinchinbrook
Palm Island
Townsville

Gulf region

Burke
Carpentaria
Croydon
Doomadgee
Etheridge
Mornington

sch 1 amd 2017 SL No. 141s 9

Schedule 2 Zones for local planning instruments

section 6

Column 1
Zone

Column 2
Purpose statement

Column 3
RGB colour

Residential zones

General residential zone

The purpose of the general residential zone is to provide for—

(a)  residential uses; and
(b)  community uses, and small-scale services, facilities and infrastructure, to support local residents.

Red (255)
Green (164)
Blue (164)

Low density residential zone

The purpose of the low density residential zone is to provide for—

(a)  a variety of low density dwelling types, including dwelling houses; and
(b)  community uses, and small-scale services, facilities and infrastructure, to support local residents.

Red (255)
Green (220)
Blue (220)

Low-medium density residential zone

The purpose of the low-medium density residential zone is to provide for—

(a)  a variety of dwelling types, including dwelling houses and low to medium density multiple dwellings; and
(b)  community uses, and small-scale services, facilities and infrastructure, to support local residents.

Red (255)
Green (164)
Blue (164)

Medium density residential zone

The purpose of the medium density residential zone is to provide for—

(a)  medium density multiple dwellings; and
(b)  community uses, and small-scale services, facilities and infrastructure, to support local residents.

Red (255)
Green (101)
Blue (101)

High density residential zone

The purpose of the high density residential zone is to provide for—

(a)  high density multiple dwellings; and
(b)  community uses, and small-scale services, facilities and infrastructure, to support local residents.

Red (170)
Green (0)
Blue (0)

Character residential zone

The purpose of the character residential zone is to—

(a)  ensure the character of a residential area is protected or enhanced; and
(b)  provide for community uses, and small-scale services, facilities and infrastructure, to support local residents.

Red (255)
Green (175)
Blue (219)

Tourist accommodation zone

The purpose of the tourist accommodation zone is to provide for—

(a)  short-term accommodation; and
(b)  community uses, and small-scale services, facilities and infrastructure, to support short-term accommodation and tourist attractions.

Red (255)
Green (75)
Blue (39)

Centre zones

Centre zone

The purpose of the centre zone is to provide for a variety of uses and activities to service all or part of the local government area, including, for example, administrative, business, community, cultural, entertainment, professional, residential or retail uses or activities.

Red (134)
Green (166)
Blue (255)

Neighbourhood centre zone

The purpose of the neighbourhood centre zone is to provide for—

(a)  a small variety of uses and activities to service local residents; and
(b)  other small-scale uses and activities that directly support local residents, including, for example, community services, convenience shops or offices.

Red (200)
Green (225)
Blue (255)

Local centre zone

The purpose of the local centre zone is to provide for—

(a)  a limited variety of commercial, community and retail activities to service local residents; and
(b)  other uses and activities that integrate with, and enhance, the local centre, including, for example, entertainment, shopping or residential uses.

Red (134)
Green (166)
Blue (255)

District centre zone

The purpose of the district centre zone is to provide for a large variety of uses and activities to service a district of the local government area, including, for example, administrative, business, community, cultural, entertainment, professional, residential or retail uses or activities.

Red (112)
Green (130)
Blue (170)

Major centre zone

The purpose of the major centre zone is to provide for a large variety of uses and activities to service a part of the local government area, including, for example, administrative, business, community, cultural, entertainment, professional, residential or retail uses or activities.

Red (66)
Green (107)
Blue (255)

Principal centre zone

The purpose of the principal centre zone is to provide for a large variety of uses and activities (including, for example, administrative, business, community, cultural, entertainment, professional, residential or retail activities) to—

(a)  form the core of an urban area; and
(b)  service the local government area.

Red (0)
Green (50)
Blue (255)

Recreation zones

Recreation and open space zone

The purpose of the recreation and open space zone is to provide for—

(a)  a variety of cultural, educational, leisure, recreation and sporting uses and activities, including, for example—
(i)  parks, playgrounds or playing fields for the use of residents and visitors; and
(ii)  parks, or other areas, for the conservation of natural areas; and
(b)  facilities and infrastructure to support the uses and activities stated in paragraph (a).

Red (175)
Green (225)
Blue (200)

Open space zone

The purpose of the open space zone is to provide for—

(a)  local, district and regional parks for the use of residents and visitors; and
(b)  facilities and infrastructure that support, and are required by, users of the parks.

Red (110)
Green (175)
Blue (75)

Sport and recreation zone

The purpose of the sport and recreation zone is to provide for—

(a)  a variety of cultural, educational, recreation and sporting uses and activities that require built infrastructure, including, for example, clubhouses, gymnasiums, swimming pools or tennis courts; and
(b)  facilities and infrastructure to support the uses and activities stated in paragraph (a).

Red (175)
Green (225)
Blue (200)

Environmental zones

Environmental management and conservation zone

The purpose of the environmental management and conservation zone is to provide for the protection and maintenance of areas that support 1 or more of the following—

(a)  biological diversity;
(b)  ecological integrity;
(c)  naturally occurring landforms;
(d)  coastal processes.

Red (50)
Green (125)
Blue (0)

Conservation zone

The purpose of the conservation zone is to provide for the management, protection and restoration of areas that support 1 or more of the following—

(a)  biological diversity;
(b)  ecological integrity;
(c)  naturally occurring landforms;
(d)  coastal processes.

Red (55)
Green (145)
Blue (130)

Environmental management zone

The purpose of the environmental management zone is to—

(a)  identify environmentally sensitive areas; and
(b)  provide for the protection of the environmentally sensitive areas from urban and industry activities, other than—
(i)  dwelling houses and other low-impact activities; and
(ii)  quarries, if the protection or promotion of the quarries is identified in the planning scheme as a strategic outcome for the local government area.

Red (50)
Green (125)
Blue (0)

Industry zones

Industry zone

The purpose of the industry zone is to provide for—

(a)  a variety of industry activities; and
(b)  other uses and activities that—
(i)  support industry activities; and
(ii)  do not compromise the future use of premises for industry activities.

Red (200)
Green (143)
Blue (200)

Low impact industry zone

The purpose of the low impact industry zone is to provide for—

(a)  service industry and low impact industry; and
(b)  other uses and activities that—
(i)  support industry activities; and
(ii)  do not compromise the future use of premises for industry activities.

Red (225)
Green (200)
Blue (225)

Medium impact industry zone

The purpose of the medium impact industry zone is to provide for—

(a)  medium impact industry; and
(b)  other uses and activities that—
(i)  support industry activities; and
(ii)  do not compromise the future use of premises for industry activities.

Red (200)
Green (143)
Blue (200)

High impact industry zone

The purpose of the high impact industry zone is to provide for—

(a)  high impact industry; and
(b)  other uses and activities that—
(i)  support industry activities; and
(ii)  do not compromise the future use of premises for industry activities.

Red (175)
Green (86)
Blue (175)

Special industry zone

The purpose of the special industry zone is to provide for—

(a)  special industry; and
(b)  other uses and activities that—
(i)  support industry activities; and
(ii)  do not compromise the future use of premises for industry activities.

Red (150)
Green (30)
Blue (150)

Research and technology industry zone

The purpose of the research and technology industry zone is to provide for—

(a)  research and technology industry; and
(b)  other uses and activities that—
(i)  support industry activities; and
(ii)  do not compromise the future use of premises for industry activities.

Red (140)
Green (125)
Blue (222)

Industry investigation zone

The purpose of the industry investigation zone is to identify and protect land that may be suitable for industry activities, subject to further planning and investigation.

Red (200)
Green (175)
Blue (225)

Waterfront and marine industry zone

The purpose of the waterfront and marine industry zone is to provide for—

(a)  marine industry; and
(b)  other uses and activities that—
(i)  need to be on or near water or a marine environment; or
(ii)  support industry activities and do not compromise the future use of premises for industry activities.

Red (85)
Green (60)
Blue (155)

Tourism zones

Tourism zone

The purpose of the tourism zone is to provide for tourist activities, facilities and places in coastal, environmental, rural and urban areas.

Red (179)
Green (210)
Blue (52)

Major tourism zone

The purpose of the major tourism zone is to provide for—

(a)  a variety of activities, facilities and places that—
(i)  are for or support tourism; and
(ii)  are large-scale and integrated; and
(iii)  are in coastal, environmental, rural or urban areas; and
(b)  permanent accommodation for employees, if required for the activities, facilities and places stated in paragraph (a) and appropriate for the area.

Red (179)
Green (210)
Blue (52)

Minor tourism zone

The purpose of the minor tourism zone is to provide for—

(a)  a variety of activities, facilities and places that—
(i)  are for or support tourism; and
(ii)  have less than 20 employees; and
(iii)  are in coastal, environmental, rural or urban areas; and
(b)  permanent accommodation for employees, if required for the activities, facilities and places stated in paragraph (a) and appropriate for the area.

Red (222)
Green (231)
Blue (135)

Other zones

Community facilities zone

The purpose of the community facilities zone is to provide for community-related uses, activities and facilities, whether publicly or privately owned, including, for example—

(a)  educational establishments; and
(b)  hospitals; and
(c)  transport and telecommunication networks; and
(d)  utility installations.

Red (255)
Green (255)
Blue (100)

Emerging community zone

The purpose of the emerging community zone is to—

(a)  identify land that is intended for an urban purpose in the future; and
(b)  protect land that is identified for an urban purpose in the future from incompatible uses; and
(c)  provide for the timely conversion of non-urban land to land for urban purposes.

Red (232)
Green (190)
Blue (175)

Extractive industry zone

The purpose of the extractive industry zone is to provide for extractive industry.

Red (100)
Green (50)
Blue (0)

Innovation zone

The purpose of the innovation zone is to—

(a)  identify land suitable for new and emerging uses and activities to provide opportunities for innovation and creativity; and
(b)  facilitate new and emerging uses and activities that can not readily be provided for in other parts of the local government area; and
(c)  provide for uses and activities that promote knowledge creation and entrepreneurship in industry, research and development, science and technology.

Red (25)
Green (205)
Blue (255)

Limited development zone

The purpose of the limited development zone is to identify land that is significantly affected by 1 or more development constraints, including, for example, constraints relating to defence requirements, flooding, historical subdivisions, land contamination, past or future mining activities or topography.

Red (250)
Green (175)
Blue (50)

Mixed use zone

The purpose of the mixed use zone is to provide for a variety of uses and activities, including, for example, business, residential, retail, service industry, tourist accommodation or low impact industrial uses or activities.

Red (255)
Green (120)
Blue (0)

Rural zone

The purpose of the rural zone is to—

(a)  provide for rural uses and activities; and
(b)  provide for other uses and activities that are compatible with—
(i)  existing and future rural uses and activities; and
(ii)  the character and environmental features of the zone; and
(c)  maintain the capacity of land for rural uses and activities by protecting and managing significant natural resources and processes.

Red (240)
Green (250)
Blue (230)

Rural residential zone

The purpose of the rural residential zone is to provide for residential uses and activities on large lots, including lots for which the local government has not provided infrastructure and services.

Red (160)
Green (120)
Blue (120)

Special purpose zone

The purpose of the special purpose zone is to—

(a)  provide for public facilities and infrastructure that are publicly or privately owned or operated; and
(b)  ensure that incompatible uses do not encroach on the public facilities and infrastructure.

Red (204)
Green (204)
Blue (0)

Specialised centre zone

The purpose of the specialised centre zone is to provide for 1 or more specialised uses including, for example, conference centres, entertainment centres, education and research facilities or university campuses.

Red (169)
Green (169)
Blue (169)

Township zone

The purpose of the township zone is to provide for—

(a)  small to medium urban areas in a rural or coastal area; and
(b)  a variety of uses and activities to service local residents, including, for example, business, community, education, industrial, open space, recreation, residential or retail uses or activities; and
(c)  tourist attractions and short-term accommodation, if appropriate for the area.

Red (255)
Green (225)
Blue (175)

Schedule 3 Use terms for local planning instruments

section 7

Column 1
Use term

Column 2
Definition

adult store

adult store see the Planning Regulation 2017 , schedule 24 .

agricultural supplies store

agricultural supplies store see the Planning Regulation 2017 , schedule 24 .

air service

air service see the Planning Regulation 2017 , schedule 24 .

animal husbandry

animal husbandry see the Planning Regulation 2017 , schedule 24 .

animal keeping

animal keeping see the Planning Regulation 2017 , schedule 24 .

aquaculture

aquaculture means the use of premises for cultivating, in a confined area, aquatic animals or plants for sale.

bar

bar see the Planning Regulation 2017 , schedule 24 .

brothel

brothel see the Prostitution Act 1999 , schedule 4 .

bulk landscape supplies

bulk landscape supplies see the Planning Regulation 2017 , schedule 24 .

caretaker’s accommodation

caretaker’s accommodation see the Planning Regulation 2017 , schedule 24 .

car wash

car wash means the use of premises for the commercial cleaning of motor vehicles.

cemetery

cemetery see the Planning Regulation 2017 , schedule 24 .

childcare centre

childcare centre see the Planning Regulation 2017 , schedule 24 .

club

club see the Planning Regulation 2017 , schedule 24 .

community care centre

community care centre see the Planning Regulation 2017 , schedule 24 .

community residence

community residence see the Planning Regulation 2017 , schedule 24 .

community use

community use see the Planning Regulation 2017 , schedule 24 .

crematorium

crematorium see the Planning Regulation 2017 , schedule 24 .

cropping

cropping see the Planning Regulation 2017 , schedule 24 .

detention facility

detention facility see the Planning Regulation 2017 , schedule 24 .

dual occupancy

dual occupancy see the Planning Regulation 2017 , schedule 24 .

dwelling house

dwelling house see the Planning Regulation 2017 , schedule 24 .

dwelling unit

dwelling unit see the Planning Regulation 2017 , schedule 24 .

educational establishment

educational establishment see the Planning Regulation 2017 , schedule 24 .

emergency services

emergency services see the Planning Regulation 2017 , schedule 24 .

environment facility

environment facility see the Planning Regulation 2017 , schedule 24 .

extractive industry

extractive industry see the Planning Regulation 2017 , schedule 24 .

food and drink outlet

food and drink outlet see the Planning Regulation 2017 , schedule 24 .

function facility

function facility see the Planning Regulation 2017 , schedule 24 .

funeral parlour

funeral parlour see the Planning Regulation 2017 , schedule 24 .

garden centre

garden centre see the Planning Regulation 2017 , schedule 24 .

hardware and trade supplies

hardware and trade supplies see the Planning Regulation 2017 , schedule 24 .

health care service

health care service see the Planning Regulation 2017 , schedule 24 .

high impact industry

high impact industry see the Planning Regulation 2017 , schedule 24 .

home-based business

home-based business see the Planning Regulation 2017 , schedule 24 .

hospital

hospital see the Planning Regulation 2017 , schedule 24 .

hotel

hotel see the Planning Regulation 2017 , schedule 24 .

indoor sport and recreation

indoor sport and recreation see the Planning Regulation 2017 , schedule 24 .

intensive animal industry

intensive animal industry see the Planning Regulation 2017 , schedule 24 .

intensive horticulture

intensive horticulture see the Planning Regulation 2017 , schedule 24 .

landing

landing see the Planning Regulation 2017 , schedule 24 .

low impact industry

low impact industry see the Planning Regulation 2017 , schedule 24 .

major electricity infrastructure

major electricity infrastructure see the Planning Regulation 2017 , schedule 24 .

major sport, recreation and entertainment facility

major sport, recreation and entertainment facility see the Planning Regulation 2017 , schedule 24 .

marine industry

marine industry see the Planning Regulation 2017 , schedule 24 .

market

market see the Planning Regulation 2017 , schedule 24 .

medium impact industry

medium impact industry see the Planning Regulation 2017 , schedule 24 .

motor sport facility

motor sport facility see the Planning Regulation 2017 , schedule 24 .

multiple dwelling

multiple dwelling see the Planning Regulation 2017 , schedule 24 .

nature-based tourism

nature-based tourism see the Planning Regulation 2017 , schedule 24 .

nightclub entertainment facility

nightclub entertainment facility see the Planning Regulation 2017 , schedule 24 .

non-resident workforce accommodation

non-resident workforce accommodation see the Planning Regulation 2017 , schedule 24 .

office

office see the Planning Regulation 2017 , schedule 24 .

outdoor sales

outdoor sales see the Planning Regulation 2017 , schedule 24 .

outdoor sport and recreation

outdoor sport and recreation see the Planning Regulation 2017 , schedule 24 .

outstation

outstation means the use of premises for—

(a)  cultural or recreation activities by Aboriginal people or Torres Strait Islanders; or
(b)  facilities for short-term or long-term camping activities, if the use is ancillary to the use in paragraph (a).

park

park see the Planning Regulation 2017 , schedule 24 .

parking station

parking station see the Planning Regulation 2017 , schedule 24 .

party house

party house see the Planning Act 2016 , section 276(5).

permanent plantation

permanent plantation see the Planning Regulation 2017 , schedule 24 .

place of worship

place of worship see the Planning Regulation 2017 , schedule 24 .

port service

port service see the Planning Regulation 2017 , schedule 24 .

relocatable home park

relocatable home park see the Planning Regulation 2017 , schedule 24 .

renewable energy facility

renewable energy facility see the Planning Regulation 2017 , schedule 24 .

research and technology industry

research and technology industry see the Planning Regulation 2017 , schedule 24 .

residential care facility

residential care facility see the Planning Regulation 2017 , schedule 24 .

resort complex

resort complex see the Planning Regulation 2017 , schedule 24 .

retirement facility

retirement facility see the Planning Regulation 2017 , schedule 24 .

roadside stall

roadside stall see the Planning Regulation 2017 , schedule 24 .

rooming accommodation

rooming accommodation see the Planning Regulation 2017 , schedule 24 .

rural industry

rural industry see the Planning Regulation 2017 , schedule 24 .

rural workers’ accommodation

rural workers’ accommodation see the Planning Regulation 2017 , schedule 24 .

sales office

sales office see the Planning Regulation 2017 , schedule 24 .

service industry

service industry see the Planning Regulation 2017 , schedule 24 .

service station

service station see the Planning Regulation 2017 , schedule 24 .

shop

shop see the Planning Regulation 2017 , schedule 24 .

shopping centre

shopping centre see the Planning Regulation 2017 , schedule 24 .

short-term accommodation

short-term accommodation see the Planning Regulation 2017 , schedule 24 .

showroom

showroom see the Planning Regulation 2017 , schedule 24 .

special industry

special industry see the Planning Regulation 2017 , schedule 24 .

substation

substation see the Planning Regulation 2017 , schedule 24 .

telecommunications facility

telecommunications facility see the Planning Regulation 2017 , schedule 24 .

theatre

theatre see the Planning Regulation 2017 , schedule 24 .

tourist attraction

tourist attraction see the Planning Regulation 2017 , schedule 24 .

tourist park

tourist park see the Planning Regulation 2017 , schedule 24 .

transport depot

transport depot see the Planning Regulation 2017 , schedule 24 .

utility installation

utility installation see the Planning Regulation 2017 , schedule 24 .

veterinary service

veterinary service see the Planning Regulation 2017 , schedule 24 .

warehouse

warehouse see the Planning Regulation 2017 , schedule 24 .

wholesale nursery

wholesale nursery see the Planning Regulation 2017 , schedule 24 .

winery

winery see the Planning Regulation 2017 , schedule 24 .

sch 3 amd 2017 SL No. 141 ss 10, 17

Schedule 4 Administrative terms for local planning instruments

section 8

Column 1
Administrative term

Column 2
Definition

adjoining premises

adjoining premises see the Planning Regulation 2017 , schedule 24 .

advertising device

advertising device see the Planning Regulation 2017 , schedule 24 .

affordable housing

affordable housing means housing that is appropriate to the needs of households with low to moderate incomes, if the members of the households will spend no more than 30% of gross income on housing costs.

average width

average width, of a lot, means the distance, measured in metres, between the midpoint on each side boundary of the lot.

base date

base date means the date from which the local government has estimated future infrastructure demand and costs for the local government area.

basement

basement see the Planning Regulation 2017 , schedule 24 .

boundary clearance

boundary clearance means the distance between a building or structure on premises and the boundary of the premises, measured from the part of the building or structure that is closest to the boundary, other than a part that is—

(a)  an architectural or ornamental attachment; or
(b)  a rainwater fitting.
Examples—

1  If the fascia of a building is the part of the building that is closest to the boundary, the boundary clearance is the distance between the outside of the fascia and the boundary.
2  If a point on the roof of a building is the part of the building that is closest to the boundary, the boundary clearance is the distance between that point on the roof and the boundary.

building height

building height, of a building, means—

(a)  the vertical distance, measured in metres, between the ground level of the building and the highest point on the roof of the building, other than a point that is part of an aerial, chimney, flagpole or load-bearing antenna; or
(b)  the number of storeys in the building above ground level.

demand unit

demand unit means a unit of measurement for measuring the level of demand for infrastructure.

development footprint

development footprint, for development, means a part of the premises that the development relates to, including, for example, any part of the premises that, after the development is carried out, will be covered by—

(a)  buildings or structures, measured to their outermost projection; or
(b)  landscaping or open space; or
(c)  facilities relating to the development; or
(d)  on-site stormwater drainage or wastewater treatment; or
(e)  a car park, road, access track or area used for vehicle movement; or
(f)  another area of disturbance.

domestic outbuilding

domestic outbuilding see the Planning Regulation 2017 , schedule 24 .

dwelling

dwelling see the Planning Regulation 2017 , schedule 24 .

gross floor area

gross floor area, for a building, see the Planning Regulation 2017 , schedule 24 .

ground level

ground level see the Planning Regulation 2017 , schedule 24 .

household

household see the Planning Regulation 2017 , schedule 24 .

minor building work

minor building work see the Planning Regulation 2017 , schedule 24 .

minor electricity infrastructure

minor electricity infrastructure means development stated in the Planning Regulation 2017 , schedule 6 , section 26(5).

net developable area

net developable area, for premises, means the area of the premises that—

(a)  is able to be developed; and
(b)  is not subject to a development constraint, including, for example, a constraint relating to acid sulfate soils, flooding or slope.

non-resident worker

non-resident worker see the Planning Regulation 2017 , schedule 24 .

outermost projection

outermost projection, of a building or structure, means the outermost part of the building or structure, other than a part that is—

(a)  a retractable blind; or
(b)  a fixed screen; or
(c)  a rainwater fitting; or
(d)  an ornamental attachment.

planning assumption

planning assumption means an assumption about the type, scale, location and timing of future growth in the local government area.

plot ratio

plot ratio means the ratio of the gross floor area of a building on a site to the area of the site.

projection area

projection area means a part of the local government area for which the local government has carried out demand growth projection.

secondary dwelling

secondary dwelling see the Planning Regulation 2017 , schedule 24 .

service catchment

service catchment means an area serviced by an infrastructure network.

setback

setback, for a building or structure, means the shortest distance, measured horizontally, between the outermost projection of the building or structure to the vertical projection of the boundary of the lot where the building or structure is.

site

site, of development, means the land that the development is to be carried out on. Examples—

1  If development is to be carried out on part of a lot, the site of the development is that part of the lot.
2  If development is to be carried out on part of 1 lot and part of an adjoining lot, the site of the development is both of those parts.

site cover

site cover, of development, means the portion of the site, expressed as a percentage, that will be covered by a building or structure, measured to its outermost projection, after the development is carried out, other than a building or structure, or part of a building or structure, that is—

(a)  in a landscaped or open space area, including, for example, a gazebo or shade structure; or
(b)  a basement that is completely below ground level and used for car parking; or
(c)  the eaves of a building; or
(d)  a sun shade.

storey

storey see the Planning Regulation 2017 , schedule 24 .

temporary use

temporary use see the Planning Regulation 2017 , schedule 24 .

ultimate development

ultimate development, for an area or premises, means the likely extent of development that is anticipated in the area, or on the premises, if the area or premises are fully developed.

water netserv plan

water netserv plan means a plan adopted by an SEQ service provider, as defined under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , under section 99BJ of that Act.

Schedule 5 Infrastructure

section 13

Part 1 Infrastructure for transport

1ancillary works and encroachments
2transport infrastructure, including transport infrastructure stated in schedule 2 of the Act , definition development infrastructure
3wharves, public jetties, port facilities and navigational facilities
4storage and works depots and similar facilities, including administrative facilities relating to the provision or maintenance of infrastructure stated in this part
5any other facility for transport not stated in this part that is intended mainly to accommodate government functions

Part 2 Other infrastructure

1cemeteries and crematoriums
2communication network facilities
3community and cultural facilities, including community centres, galleries, libraries and meeting halls
4community residences
5correctional facilities
6educational facilities
7electricity operating works
8emergency services facilities
9facilities at which an education and care service under the Education and Care Services National Law (Queensland) is operated
10facilities at which a QEC approved service under the Education and Care Services Act 2013 is operated
11facilities for parks and recreation
12hospitals and health care services
13oil and gas pipelines
14residential care facilities
15sporting facilities
16waste management facilities
17water cycle management infrastructure
18storage and works depots and similar facilities, including administrative facilities relating to the provision or maintenance of infrastructure stated in this part
19any other facility not stated in this part that is intended mainly to accommodate government functions

Schedule 6 Development local categorising instrument is prohibited from stating is assessable development

section 16

Part 1 Building work

1Building work for a wind farm

Building work for a wind farm.

Part 2 Material change of use

2Material change of use for particular buildings or structures

(1)A material change of use of premises for a class 1 or 2 building, if the use is providing support services and temporary accommodation for persons escaping domestic violence.
(2)A material change of use of premises for a class 1(a)(i) building, class 1(a)(ii) building made up of not more than 2 attached dwellings, or a class 10 building or structure, if—
(a)the use is for a residential purpose in a residential zone; and
(b)for a class 1(a)(i) building, or class 1(a)(ii) building made up of not more than 2 attached dwellings—the material change of use involves repairing, renovating, altering or adding to the building; and
(c)for a class 1(a) building that paragraph (b) does not apply to—there is no dwelling on the premises; and
(d)either—
(i)no overlay, as identified in the local categorising instrument and relevant to assessment of the material change of use, applies to the premises; or
(ii)only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2; and
(e)for a class 1(a)(ii) building made up of not more than 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to that class of building.

3Material change of use for particular cropping

A material change of use of premises for cropping that involves forestry for wood production, if—
(a)the premises are in a rural zone; and
(b)the material change of use complies with schedule 13 .

4Material change of use in Guragunbah area

(1)A material change of use of premises in the Guragunbah area, if the material change of use—
(a)complies with the map called ‘Guragunbah development area’, dated July 2017 and published by the department; and
(b)does not exceed the maximum number of storeys stated for the use in the map; and
(c)does not result in more than 511 dwellings; and
(d)complies with—
(i)the Approved Urban Design Code Breakwater Road, dated 5 October 2007, referred to in the order of the P&E Court of 15 December 2008 in Appeal No. BD679/08, or with a change to the development approval made by the P&E Court; and
(ii)Appendix D (Snake Hill Design Guidelines) to the Planning Report dated May 2005 referred to in the order of the P&E Court of 15 December 2008 in Appeal No. BD679/08, or with a change to the development approval made by the P&E Court; and
(e)is carried out before 15 December 2018.
(2)In this section—
Guragunbah area means land comprising—
(a)lot 2 on RP223566; or
(b)lot 902 on SP108453; or
(c)lot 1 on SP190865.

5Material change of use for off-road motorcycling facility

(1)A material change of use of premises for an off-road motorcycling facility on off-road motorcycling facility land, if the material change of use complies with the following requirements—
(a)the material change of use protects the environmental values of the premises;
(b)the use does not result in contamination of, or interfere with water flows into, any surface water or groundwater;
(c)any camping facility on the premises—
(i)is designed to ensure the safe movement of pedestrians and vehicles; and
(ii)is on a part of the premises that allows for the future expansion of the camping facility; and
(iii)is managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and
(iv)provides adequate toilet, shower, water and wastewater facilities to service users of the camping facility;
(d)vegetation buffers with a width of at least 20m are established on the premises to provide a visual screen between riding trails, other than motocross tracks, and relevant neighbouring premises;
(e)vegetation buffers under paragraph (d) use only vegetation species that are endemic to the surrounding area;
(f)outdoor lighting on the premises does not adversely impact on the amenity of relevant neighbouring premises;
(g)before the use starts on the premises, the following documents are prepared—
(i)an acoustic assessment report;
(ii)a road and traffic assessment report;
(iii)an erosion and sediment control plan;
(h)all circuits, tracks, trails and noise-generating activities on the premises are at a distance of at least the buffer distance, stated in the acoustic assessment report, from a relevant noise sensitive place;
(i)the noise levels generated by the use during operating hours do not exceed 45dBA (LAeq) at a relevant noise sensitive place, measured at a point on the noise sensitive place that is outdoors and closest, in a direct line, to the off-road motorcycling facility land;
(j)any measures identified in the road and traffic assessment report for addressing impacts on traffic are implemented;
(k)on-site parking is provided in accordance with the road and traffic assessment report;
(l)service vehicles can access the parts of the premises used for off-road motorcycling, camping or spectator facilities;
(m)the premises provide access for emergency vehicles or helicopters;
(n)any measures identified in the erosion and sediment control plan for minimising erosion and sediment run-off impacts on the premises are implemented;
(o)an irrigation system and water supply is provided for motocross tracks on the premises to prevent dust being generated.
(2)In this section—
acoustic assessment report means a report—
(a)prepared by an appropriately qualified person; and
(b)stating measures, including buffer distances, for ensuring noise levels generated by the use do not exceed 45dBA (LAeq) at a relevant noise sensitive place.
erosion and sediment control plan means a plan—
(a)prepared by an appropriately qualified person; and
(b)stating measures to be implemented, including measures relating to the design and location of buildings and structures, to minimise erosion and sediment run-off impacts of the use.
relevant neighbouring premises means premises that—
(a)share a common boundary with off-road motorcycling facility land; and
(b)either—
(i)contain a dwelling built before 15 October 2010; or
(ii)are the subject of an effective development approval for development relating to a dwelling given before 15 October 2010.
relevant noise sensitive place means a noise sensitive place that—
(a)was built before 15 October 2010; or
(b)is the subject of an effective development approval given before 15 October 2010.
road and traffic assessment report means a report—
(a)prepared by a person registered as a registered professional engineer under the Professional Engineers Act 2002 ; and
(b)stating details of—
(i)the impact of the use on traffic and measures for addressing the impacts; and
(ii)proposed on-site vehicle parking and vehicular access to and from the premises.

6Material change of use for community residence

A material change of use of premises for a community residence, if—
(a)the premises are in a residential zone, including a rural residential zone; and
(b)no more than 7 support workers attend the residence in a 24-hour period; and
(c)at least 2 car parks are provided on the premises for use by residents and visitors; and
(d)at least 1 of the car parks stated in paragraph (c) is suitable for persons with disabilities; and
(e)at least 1 car park is provided on the premises for use by support workers.

7Material change of use for wind farm

A material change of use for a wind farm.

Part 3 Operational work

8Operational work by or for public sector entity

Operational work or plumbing or drainage work (including maintenance and repair work), if the work—
(a)is carried out by or for a public sector entity authorised under a State law to carry out the work; and
(b)is not development stated in section 26 of this schedule.

9Operational work for ancillary works and encroachments

Operational work for ancillary works and encroachments—
(a)carried out in accordance with a gazette notice under the Transport Infrastructure Act , section 50; or
(b)done as required by a contract entered into with the chief executive (transport) under the Transport Infrastructure Act , section 50.

10Operational work for substitute railway crossing

Operational work for the construction of a substitute railway crossing by a railway manager under the Transport Infrastructure Act , section 169.

11Operational work performed by railway manager

Operational work performed by a railway manager under the Transport Infrastructure Act , section 260.

12Operational work under rail feasibility investigator’s authority

Operational work carried out under a rail feasibility investigator’s authority given under the Transport Infrastructure Act , section 112.

13Operational work under Coastal Act

Operational work that is digging or boring into land by an authorised person under the Coastal Act , section 134.

14Operational work for navigational aid or sign

Operational work for—
(a)an aid to navigation; or
(b)a sign for maritime navigation.

15Operational work for subscriber connection

(1)Operational work for a subscriber connection.
(2)In this section—
subscriber connection means an installation that is only for connecting a building, structure, caravan or mobile home to a line that forms part of a telecommunications network.

16Operational work for agriculture

Operational work relating to—
(a)management practices for the conduct of an agricultural use, other than—
(i)the clearing of native vegetation; or
(ii)operations of any kind and all things constructed or installed for taking or interfering with water under the Water Act , other than using a water truck to pump water; or
(b)weed or pest control, unless the work involves the clearing of native vegetation; or
(c)the use of fire under the Fire and Emergency Services Act; or
(d)the conservation or restoration of natural environment as defined under the Environmental Protection Act , schedule 4 ; or
(e)the use of premises for a forest practice.

17Operational work for removing quarry material

Operational work for removing quarry material from—
(a)a State forest, timber reserve, forest entitlement area, or Crown land, as defined under the Forestry Act ; or
(b)a forest consent area, as defined under the Forestry Act , if the quarry material is reserved to the State in a deed of grant under the Land Act .

18Operational work for the removal, destruction or damage of a marine plant

Operational work that is the removal, destruction or damage of a marine plant.

19Operational work for harvesting trees for wood production

Operational work that is, or is necessary for, harvesting trees for wood production on premises in a rural zone, if the development complies with schedule 13 .

20Operational work on off-road motorcycling facility land

Operational work that is filling or excavating, or for a dam or earth bank, if—
(a)the work is carried out on off-road motorcycling facility land; and
(b)the work relates to an off-road motorcycling facility; and

Examples of work relating to an off-road motorcycling facility—

work carried out for the construction of the facility
work relating to the operation of the facility, including the construction or maintenance of fire breaks, recreational trails, roads, tracks, viewing mounds or water storage facilities
(c)the work does not—
(i)increase the risk of flooding on the premises or other premises; or
(ii)result in contamination of, or interfere with water flows into, any surface water or groundwater; and
(d)the work involves measures, identified in an erosion and sediment control plan under section 5 (1)(g)(iii), for minimising erosion and sediment run-off impacts on the premises caused by the work; and
(e)land on which filling or excavating is carried out is stabilised after the work is completed.

Part 4 Reconfiguring a lot

21Particular reconfigurations

(1)Reconfiguring a lot other than a lot as defined under the Land Title Act .
(2)Reconfiguring a lot as defined under the Land Title Act , if the reconfiguration—
(a)requires a building format plan of subdivision under the Land Title Act and the plan does not subdivide land on or below the surface of the land; or
(b)is for the amalgamation of 2 or more lots; or
(c)is for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41, of a lot with common property for a community titles scheme; or
(d)is for the conversion, under the Body Corporate and Community Management Act 1997 , section 43, of lessee common property within the meaning of that Act to a lot in a community titles scheme; or
(e)relates to the acquisition of land, including by agreement, under the Acquisition Act , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or
(f)relates to the acquisition of land by agreement, other than under the Acquisition Act , by a constructing authority or an authorised electricity entity for a purpose for which land may be taken under that Act; or
(g)is for land that—
(i)is held by the State, or a statutory body representing the State; and
(ii)is being reconfigured for a purpose for which land may be taken under the Acquisition Act , whether or not the land relates to an acquisition; or
(h)relates to the acquisition of land for water infrastructure; or
(i)is for reconfiguring a lot that is, or includes, strategic port land; or
(j)is for the Transport Infrastructure Act , section 240; or
(k)is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 ; or
(l)is under an instrument of lease and the lessee is an authorised electricity entity; or
(m)is under a relevant instrument of lease.
(3)In this section—
relevant instrument of lease means an instrument of lease for a grant of a residential lease over a part of a lot that—
(a)was previously subject to a social housing lease; and
(b)is the same part of the lot that was subject to—
(i)a partial surrender of the social housing lease; or
(ii)if the part of the lot is the last remaining part of the social housing lease—a whole surrender of the lease.
residential lease means a lease for residential use—
(a)given under the Aboriginal Land Act 1991 to an Aboriginal person; or
(b)given under the Torres Strait Islander Land Act 1991 to a Torres Strait Islander.
social housing lease means a lease granted to the State under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 for the purpose of providing subsidised housing for residential use.

Part 5 Other development

22Development for a mining or petroleum activity

(1)Development for an activity authorised under—
(a)the Mineral Resources Act 1989 , including an activity for the purpose of 1 or more of the following Acts—
(i)the Alcan Queensland Pty. Limited Agreement Act 1965 ;
(ii)the Central Queensland Coal Associates Agreement Act 1968 ;
(iii)the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;
(iv)the Mount Isa Mines Limited Agreement Act 1985 ;
(v)the Queensland Nickel Agreement Act 1970 ;
(vi)the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; or
(b)the Offshore Minerals Act 1998 ; or
(c)the Petroleum Act 1923 or the Petroleum and Gas Act , other than an activity relating to building and operating an oil refinery; or
(d)the Petroleum (Submerged Lands) Act 1982 .
(2)Development for a mining activity, as defined under the Environmental Protection Act , section 110, that an environmental authority applies to.
(3)Development for a petroleum activity as defined under the Environmental Protection Act , section 111.

23Development for geothermal exploration

Development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 .

24Development for GHG storage activities

Development for a GHG storage activity carried out under a GHG authority under the Greenhouse Gas Storage Act 2009 .

25Development directed under a State law

Development that a person is directed to carry out under a notice, order or direction made under a State law.

26Development for infrastructure activities

(1)Development for ancillary works and encroachments carried out by or for the State.
(2)Development for the construction of the following infrastructure, if the infrastructure is government supported transport infrastructure—
(a)an aid to navigation;
(b)a public marine facility;
(c)road transport infrastructure;
(d)transport infrastructure.
(3)Development that is the use of, or for the maintenance, repair or upgrading of—
(a)an aid to navigation; or
(b)a public marine facility; or
(c)road transport infrastructure; or
(d)transport infrastructure.
(4)Development that—
(a)is adjacent to—
(i)an aid to navigation; or
(ii)a public marine facility; or
(iii)road transport infrastructure; or
(iv)transport infrastructure; and
(b)is ancillary to the use, maintenance, repair or upgrading of the infrastructure.

Examples for paragraph (b)—

excavating, crushing, screening, cutting, filling, preparing construction material (including concrete), storing materials, removing vegetation, building dams, fences, site offices and worker accommodation
(5)Development for a supply network or for private electricity works that form an extension of, or provide service connections to, properties from the network, if the network operates at standard voltages up to and including 66kV, other than development for—
(a)a new zone substation or bulk supply substation; or
(b)the augmentation of a zone substation or bulk supply substation that significantly increases the input or output standard voltage.
(6)In this section—
upgrading, of infrastructure, means carrying out work that is reasonably required to ensure the efficient and safe operation of the infrastructure.

Examples—

building a dedicated left-turning lane on a road to reduce the risk of collision between vehicles turning left and vehicles traveling straight ahead
replacing a roundabout with traffic signals to improve the flow of traffic
widening a road to create a verge so that vehicles can pull over safely

27Development under South Bank Corporation Act 1989

Development within the meaning of the South Bank Corporation Act 1989 , but only until the development completion date under that Act.

28Development that is PDA-related development

Development that is PDA-related development.

29Development for a connection under SEQ Water Act

Development for a connection under the SEQ Water Act , chapter 4C or any work for the connection.

30Development for public housing

(1)Development for public housing that the chief executive (housing) considers is substantially inconsistent with a relevant local instrument, if—
(a)the chief executive (housing) does all of the following things before the development starts—
(i)gives the local government information, including plans or specifications, about the proposed development;
(ii)publishes a notice about the proposed development in a newspaper circulating generally in the locality of the premises;
(iii)gives notice of the proposed development to the owner of all adjoining premises;
(iv)places a notice about the proposed development on the premises; and
(b)the notices under paragraph (a)(ii), (iii) and (iv)—
(i)are in the form approved by the chief executive (housing); and
(ii)state where information about the proposed development may be inspected and purchased; and
(iii)state the period (the consultation period) within which a submission may be made, which must be at least 15 business days after the day paragraph (a) is complied with; and
(iv)state that submissions about the proposed development may be made to the chief executive (housing) during the consultation period; and
(c)the notice under paragraph (a)(iv) is displayed on the premises for all of the consultation period; and
(d)information about the proposed development, including plans and specifications, is available for all of the consultation period—
(i)for viewing or downloading, free of charge, from the housing department’s website; and
(ii)for inspection, free of charge, and purchase at the housing department’s office, and any other place the chief executive (housing) approves, during business hours; and
(e)the chief executive (housing) considers any properly made submissions when deciding whether or not to carry out the development.
(2)Development for public housing that the chief executive (housing) is satisfied is not substantially inconsistent with a relevant local instrument, if, before the development starts, the chief executive (housing) gives the local government information, including plans or specifications, about the proposed development.
(3)In this section—
business day does not include a day between 20 December of a year and 5 January of the next year.
owner, of adjoining premises, means—
(a)if the adjoining premises are 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 premises are subject to the Mixed Use Development Act 1993 —the community body corporate; or
(c)subject to paragraphs (a) and (b), if the adjoining premises are subject to the Building Units and Group Titles Act 1980 —the body corporate; or
(d)if the adjoining premises are, 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 premises are 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 premises—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 premises are land being bought from the State for an estate in fee simple under the Land Act —the buyer; or
(g)if the adjoining premises are land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act —the trustees of the land; or
(h)if paragraphs (a) to (g) do not apply—the person who is entitled to receive rent for the premises or who would be entitled to receive rent for the premises if the premises were rented to a tenant.
relevant local instrument means a local instrument applying to the premises that the development is to be carried out on.

Note—

See also the Housing Act 2003 , sections 94G and 94H.

Schedule 7 Accepted development

section 18

Part 1 Building work

1Building work declared under Building Act

Building work declared under the Building Act , section 21 to be accepted development.

2Building work by or for the State or a public sector entity

(1)Building work, other than building work mentioned in section 1 , carried out by or for the State or a public sector entity, to the extent the building work complies with the relevant provisions for the building work.
(2)In this section—
relevant provisions, for building work, see the Building Act , section 21(5).

Part 2 Material change of use

3Material change of use for prescribed aquaculture

(1)A material change of use for prescribed aquaculture, if requirements for the material change of use are prescribed under the Fisheries Act , section 23 and the material change of use complies with the requirements.
(2)In this section—
indigenous freshwater fish means a fish that is—
(a)a freshwater fish as defined under the Fisheries Regulation , schedule 11 , part 2; and
(b)indigenous, within the meaning of the Fisheries Act , schedule, definition indigenous fisheries resources, to—
(i)only Queensland freshwaters; or
(ii)both Queensland freshwaters and Queensland tidal waters.
indigenous marine fish means a fish that is indigenous, within the meaning of the Fisheries Act , schedule, definition indigenous fisheries resources, to only Queensland tidal waters.
prescribed aquaculture means—
(a)the aquaculture of indigenous freshwater fish species only for aquarium display or human consumption carried out—
(i)in a river basin or catchment that the species is native to; and
(ii)in ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or
(b)the aquaculture of indigenous freshwater fish only for aquarium display or human consumption, or of non-indigenous freshwater fish only for aquarium display, carried out using only above-ground tanks—
(i)that have a total floor area, excluding water storage area, of no more than 100m2; and
(ii)that are impervious to predators and rainwater; or
(c)the aquaculture of indigenous marine fish only for aquarium display carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 100m2.

4Material change of use in a State forest

A material change of use in a State forest or timber reserve under the Forestry Act , if the material change of use is for 1 or more of the following—
(a)conservation;
(b)planting trees, or managing, felling and removing standing trees, in a plantation or native forest;
(c)grazing;
(d)recreation.

Part 3 Operational work

5Operational work for taking or interfering with water

(1)Operational work, other than PDA-related development, that involves taking or interfering with water in a watercourse, lake or spring, if—
(a)the taking or interfering is allowed under the Water Act , chapter 2 , part 3 , division 1; or
(b)the work involves the replacement of a pump and the capacity of the new pump to take water is no more than the capacity of the existing pump; or
(c)the work involves the installation of a pump to take water under a water entitlement that—
(i)is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence under the Water Act ; or
(ii)states the rate at which water may be taken; or
(d)the interfering is allowed under a water licence under the Water Act and the work complies with the conditions of the licence; or
(e)the taking or interfering involves using a water truck to pump water.
(2)Operational work, other than PDA-related development, that—
(a)involves 1 or more of the following—
(i)taking or interfering with water in a watercourse, lake or spring, other than as stated in subsection (1);
(ii)taking or interfering with underground water through a subartesian bore;
(iii)taking overland flow water; and
(b)is—
(i)prescribed as not assessable development under the Water Act , section 39(f); or
(ii)particular operational work that complies with the requirements prescribed under the Water Act , section 1014(2)(g).
(3)In this section—
water entitlement see the Water Act , schedule 4 .

s 5 amd 2017 SL No. 103s 90

6Operational work for waterway barrier works

Operational work for constructing or raising waterway barrier works, if requirements for the work are prescribed under the Fisheries Act , section 23 and the work complies with the requirements.

7Operational work in a declared fish habitat area

Operational work completely or partly within a declared fish habitat area, if requirements for the work are prescribed under the Fisheries Act , section 23 and the work complies with the requirements.

8Operational work impacting on marine plants

Operational work that is the removal, destruction or damage of a marine plant, if requirements for the work are prescribed under the Fisheries Act , section 23 and the work complies with the requirements.

9Operational work in wetland protection areas

Operational work in a wetland protection area that—
(a)is high impact earthworks; and
(b)is carried out for electricity operating works or government supported transport infrastructure; and
(c)complies with schedule 14 .

10Operational work for tidal works or work within a coastal management district

Operational work that—
(a)is either of the following—
(i)tidal works;
(ii)work carried out completely or partly in a coastal management district that involves interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark; and
(b)is undertaken—
(i)by a local government; or
(ii)by the Gold Coast Waterways Authority; or
(iii)by or for the department in which the Transport Infrastructure Act or the Transport Planning Act is administered; and
(c)complies with the requirements for the work prescribed under the Coastal Act , section 167(5)(b).

11Operational work relating to levees

(1)Operational work that is the following, if the work complies with the requirements for the work stated in the Water Regulation, section 101A—
(a)the construction of a new category 1 levee;
(b)the modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee.
(2)In this section—
category 1 levee see the Water Regulation, section 101(2).

s 11 amd 2017 SL No. 103s 91

12Operational work for clearing native vegetation

Operational work that is clearing native vegetation to which an accepted development vegetation clearing code applies if the work complies with the code.

Schedule 8 Assessment manager for development applications

section 21

Table 1

Column 1
Development application type

Column 2
Assessment manager

Brisbane core port land

1  If the development application is for—
(a)  a material change of use of premises that is—
(i)  completely or partly on Brisbane core port land; and
(ii)  categorised as assessable development under the Brisbane port LUP; or
(b)  operational work that is—
(i)  completely on Brisbane core port land; and
(ii)  categorised as assessable development under the Brisbane port LUP; or
(c)  reconfiguring a lot that is—
(i)  completely or partly on Brisbane core port land; and
(ii)  assessable development under the Transport Infrastructure Act , chapter 8 , part 3C

The chief executive

Building work assessable against building assessment provisions

2  If the development application is for building work only and—
(a)  all or part of the building work must be assessed against the building assessment provisions; and
(b)  a private certifier (class A) is, under the Building Act , section 48, performing functions for the application

The private certifier

Table 1A

Column 1
Development application type

Column 2
Assessment manager

Particular building work assessable against a local instrument

1  If the development application is for building work or part of building work and—
(a)  the building work or part must be assessed against a local instrument; and
(b)  the matters in the local instrument that the building work or part must be assessed against include matters other than—
(i)  the building assessment provisions; and
(ii)  the matters mentioned in schedule 9 , part 3 , division 2; and
(c)  the building work or part is completely in a single local government area; and
(d)  the development application is not a development application mentioned in table 1, item 1

The local government

2  If the development application is for building work or part of building work and—
(a)  the building work or part must be assessed against a local instrument; and
(b)  the building work or part requires impact assessment; and
(c)  the building work or part is completely in a single local government area; and
(d)  the development application is not a development application mentioned in table 1, item 1

The local government

Table 2

Column 1
Development application type

Column 2
Assessment manager

Other development in a single local government area or tidal area

1  If table 1 does not apply and the development application is for—
(a)  building work that is completely in a single local government area and—
(i)  all or part of the building work must be assessed against the building assessment provisions; and
(ii)  the local government is receiving, assessing and deciding the application under the Building Act 1975 , section 51; or
(b)  development, other than building work, completely in a single local government area and any of the following apply—
(i)  any part of the development is assessable development under a local categorising instrument or schedule 10 , part 13, division 4, part 15 or 16;
(ii)  the development is reconfiguring a lot, other than a lot that is, or includes, airport land;
(iii)  the development is for a brothel;
(iv)  the development is operational works relating to reconfiguring a lot; or
(c)  prescribed tidal works completely in the tidal area for a single local government area; or
(d)  prescribed tidal works—
(i)  partly in the tidal area for a single local government area; and
(ii)  not in the tidal area for another local government area or a port authority’s strategic port land; or
(e)  prescribed tidal works—
(i)  starting in the tidal area for a local government area; and
(ii)  extending into the tidal area for another local government area; and
(iii)  not in the tidal area for a port authority’s strategic port land; or

The local government

(f)  operational work that is constructing an artificial waterway in a single local government area, if the work—
(i)  is carried out completely or partly in a coastal management district; and
(ii)  relates to reconfiguring a lot
 

Table 3

Column 1
Development application type

Column 2
Assessment manager

Strategic port land and strategic port land tidal areas

1  If tables 1 and 2 do not apply and the development application is for—
(a)  development completely on a single port authority’s strategic port land; or
(b)  tidal works completely in the tidal area for a single port authority’s strategic port land; or
(c)  tidal works—
(i)  partly in the tidal area for a single port authority’s strategic port land; and
(ii)  not in the tidal area for a local government area or another port authority’s strategic port land

The port authority

Airport land

2  If tables 1 and 2 do not apply and the development application is for development completely or partly on airport land, whether or not the development includes tidal works

The chief executive

Table 4

Column 1
Development application type

Column 2
Assessment manager

Environmentally relevant activities

1  If tables 1 to 3 do not apply and the development application is for—
(a)  a material change of use for an environmentally relevant activity; and
(b)  no other assessable development

For an environmentally relevant activity that is devolved to a local government under the Environmental Protection Regulation—the local government
for all other environmentally relevant activities stated in column 1—the chief executive

Development on a local heritage place or for a levee

2  If tables 1 to 3 do not apply and the development application is for 1 or more of the following completely in a single local government area and no other assessable development—
(a)  development on a local heritage place, other than a Queensland heritage place;
(b)  operational work that is—
(i)  construction of a new category 2 levee or a new category 3 levee; or
(ii)  modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee or category 3 levee

The local government

Other particular prescribed assessable development

3  If tables 1 to 3 do not apply and the development application is for 1 or more of the following and no other assessable development, other than a material change of use for an environmentally relevant activity—
(a)  a material change of use for aquaculture;
(b)  operational work that is the clearing of native vegetation;
(c)  operational work completely or partly in a declared fish habitat area;
(d)  a material change of use for a hazardous chemical facility;
(e)  operational work that is the removal, destruction or damage of a marine plant;
(f)  operational work that is the construction of a dam, or relates to a dam, if—
(i)  because of the work, the dam must be failure impact assessed; and
(ii)  the accepted failure impact assessment for the dam states that the dam has, or will have, a category 1 failure impact rating or category 2 failure impact rating;
(g)  assessable development on a Queensland heritage place;
(h)  a material change of use of premises that is carried out on a lot that shares a common boundary with another lot that is or contains a Queensland heritage place;
(i)  a material change of use of premises that is carried out on a lot that contains a Queensland heritage place, but is not carried out on the Queensland heritage place;
(j)  development for removing quarry material from a watercourse or lake;
(k)  operational work that involves taking or interfering with water under the Water Act ;
(l)  operational work that is—
(i)  tidal works not in the tidal area for a local government area or strategic port land; or
(ii)  work carried out completely or partly within a coastal management district;

The chief executive

(m)  operational work that is constructing or raising waterway barrier works;
(n)  operational work that is high impact earthworks in a wetland protection area

sch 8 amd 2017 SL No. 103s 92; 2017 SL No. 141s 11

Schedule 9 Building work under Building Act

sections 20 , 22, 26, 27, 30, 31, 33 and 34

Part 1 Assessable development

1Assessable development—building work under the Building Act

Building work under the Building Act is assessable development, unless the building work is accepted development under schedule 7 .

Part 2 Assessment by assessment manager

Table 1—Assessable development under s 1

Column 1

Column 2

1  Category of assessment

Code assessment

2  Assessment benchmarks

(a)  The building assessment provisions
(b)  The matters stated to be assessment benchmarks in the State Planning Policy, part E, to the extent the matters relate to strategic airports, and aviation facilities, as defined under the State Planning Policy

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Part 3 Referral agency’s assessment

Note—

A development application for building work may also require referral to a referral agency under schedule 10 .

Division 1 Chief executive as referral agency

Table 1—Premises seaward of coastal building line

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if the building work is on premises completely or partly seaward of a coastal building line under the Coastal Act

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the building work is on Brisbane core port land

Nil

(b)  otherwise

$3,130.00

Table 2—Declared fish habitat area

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if the building work—

(a)  is in a declared fish habitat area; and
(b)  is not non-referable building work

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the building work is on Brisbane core port land

Nil

(b)  if paragraph (a) does not apply and the applicant holds a resource allocation authority for all of the development

$1,564.00

(c)  if paragraphs (a) and (b) do not apply and the development is expected to cause a permanent loss of capacity of tidal land—

(i)  if the development is to be carried out in an area of no more than 500m2

$6,260.00

(ii)  otherwise

$12,518.00

(d)  if paragraphs (a) and (b) do not apply and the development is not expected to cause a permanent loss of capacity of tidal land—

(i)  if the development is to be carried out in an area of no more than 1,500m2

$6,260.00

(ii)  otherwise

$12,518.00

Table 3—State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if all or part of the premises are within 25m of a State transport corridor and the building work—

(a)  does not relate to—
(i)  a material change of use stated in schedule 10 , part 9 , division 4, subdivision 2, table 4, item 1, column 2, paragraph (a) or (c) or part 13, division 1, subdivision 2, table 4, item 1, column 2; or
(ii)  reconfiguring a lot stated in schedule 10 , part 9 , division 4, subdivision 2, table 1, item 1, column 2 or table 3, item 1, column 2; or
(iii)  government supported transport infrastructure; and
(b)  is for a non-residential purpose; and
(c)  involves the redirection or intensification of site stormwater from the premises, through a pipe or culvert with a cross-sectional area of more than 625cm2, to a State transport corridor

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the building work is on Brisbane core port land

Nil

(b)  otherwise

$1,564.00 for each State transport corridor that all or part of the premises is within 25m of

Table 4—Future State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if all or part of the premises are a future State transport corridor and the building work does not relate to—

(a)  a material change of use stated in schedule 10 , part 9 , division 4, subdivision 2, table 4, item 1, column 2, paragraph (b) or part 13, division 1, subdivision 2, table 4, item 1, column 2; or
(b)  reconfiguring a lot stated in schedule 10 , part 9 , division 4, subdivision 2, table 2, item 1, column 2; or
(c)  government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the building work is on Brisbane core port land

Nil

(b)  otherwise

$1,564.00 for each future State transport corridor on the premises

Division 2 Local government as referral agency

Table 1—Particular class 1 and 10 buildings and structures involving possible amenity and aesthetic impacts

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 and is for a building or structure that is—

(a)  a single detached class 1(a)(i) building, class 1(a)(ii) building made up of not more than 2 attached dwellings or a class 10 building or structure; and

(b)  in a locality, and of a form, for which the local government has, by resolution or in its planning scheme, declared that the form may—
(i)  have an extremely adverse effect on the amenity, or likely amenity, of the locality; or
(ii)  be in extreme conflict with the character of the locality

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building or structure will impact on the amenity or aesthetics of the locality, including, for example, whether the building or structure complies with a matter stated in a local instrument that regulates impacts on amenity or aesthetics

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 2—Particular buildings for residential purposes

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 and is for a building, other than a class 1, 2, 3 or 4 building, for residential purposes

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building is suitable for residential purposes

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 3—Design and siting

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if—

(a)  the Queensland Development Code, part 1.1, 1.2 or 1.3 applies to the building work and, under the part, the proposed building or structure does not include an acceptable solution for a relevant performance criteria under the part; or

(b)  under the Building Act , section 33, an alternative provision applies for the building work and, under the provision, the proposed building or structure is not of the quantifiable standard for a relevant qualitative statement under the provision; or

(c)  all of the following apply—
(i)  under the Building Regulation, section 10, the planning scheme includes a provision about a matter provided for under performance criteria P4, P5, P7, P8 or P9 of the Queensland Development Code, part 1.1 or 1.2;

(ii)  the provision applies for building work;

(iii)  under the provision, the proposed building or structure is not of the quantifiable standard for a relevant qualitative statement under the provision

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

For building work stated in item 1, column 2, paragraph (a)—whether the proposed building or structure complies with the performance criteria stated in the paragraph
For building work stated in item 1, column 2, paragraph (b) or (c)—whether the proposed building or structure complies with the qualitative statement stated in the paragraph

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 4—Fire safety in particular budget accommodation buildings

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if the work relates to a budget accommodation building and the building must, under the Building Act , section 220, comply with the fire safety standard under that Act

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether, after the building work is completed, the building will comply with the fire safety standard under the Building Act

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 5—Higher risk personal appearance services

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if—

(a)  the Queensland Development Code, part 5.2 applies to the work; and

(b)  the work does not comply with an acceptable solution stated in the part

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building work complies with the performance criteria stated in the Queensland Development Code, part 5.2 that are relevant to the acceptable solution

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 6—Building work for residential services

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if the building work is for premises in which a residential service, as defined under the Residential Services Act, section 4, is conducted or proposed to be conducted

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether, if the building work is carried out, the premises would comply with the Queensland Development Code, part 5.7

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 7—Building work for removal or rebuilding

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if the building work is, or relates to—

(a)  the removal of a building or other structure, whether or not for rebuilding at another site; or

(b)  the rebuilding of a building or other structure removed from another site

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

(a)  Whether the local government should require security, of no more than the value of the building work, for the performance of the work
(b)  If security is required, the amount and form of security that is appropriate for the development

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 8—Building work for particular class 1 buildings relating to material change of use

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if—

(a)  the building work is for—
(i)  a class 1(a)(i) building; or
(ii)  a class 1(a)(ii) building made up of not more than 2 attached dwellings; and

(b)  a material change of use that relates to the building work—
(i)  is for a residential purpose in a residential zone; and
(ii)  would have required a development permit if schedule 6 , part 2 , section 2 (2) did not apply for the material change of use

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The relevant provisions of a local instrument that would apply for the application if schedule 6 , part 2 , section 2 (2) did not apply for the material change of use

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 9—Temporary accommodation buildings

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if—

(a)  the building work is for a temporary accommodation building as defined under the Building Regulation, section 54A; and

(b)  the Queensland Development Code, part 3.3 applies to the work; and

(c)  the requirements of acceptable solution A1 stated in the part are not complied with

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building work complies with performance criteria 1 of the Queensland Development Code, part 3.3

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 10—Building work relating to end of trip facilities for Queensland Development Code, part 4.1

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if—

(a)  the building work is for development that performance criteria P12 of the Queensland Development Code, part 4.1, applies to; and

(b)  the development application does not comply with the performance criteria

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building work complies with performance criteria P12 of the Queensland Development Code, part 4.1

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 11—Building work for class 1 building on premises with on-site wastewater management system

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if—

(a)  the building work is for a class 1 building; and

(b)  an on-site wastewater management system, as defined under the Queensland Plumbing and Wastewater Code, has been installed on the premises; and

(c)  the work involves adding 1 or more bedrooms to the building

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building work complies with the Queensland Plumbing and Wastewater Code, part 1 , performance criteria P2

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 12—Flood hazard area

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if all or part of the premises are in a flood hazard area and 1 or both of the following apply—

(a)  the application states a defined flood level that is lower than a defined flood level declared by the local government under the Building Regulation, section 13 for the part of the flood hazard area where the premises are;

(b)  the application states a maximum flow velocity of water that is lower than a maximum flow velocity of water declared by the local government under the Building Regulation, section 13 for the part of the flood hazard area where the premises are

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

If item 1, column 2, paragraph (a) applies—whether the defined flood level stated in the development application is appropriate having regard to all or any of the following matters—

(a)  any flood modelling carried out for the premises or all or part of the flood hazard area where the premises are;

(b)  any recorded flood levels for all or part of the flood hazard area where the premises are;

(c)  any other matter the local government considers relevant

If item 1, column 2, paragraph (b) applies—whether the maximum flow velocity of water stated in the development application is appropriate having regard to all or any of the following matters—

(a)  any flood modelling carried out for the premises or all or part of the flood hazard area where the premises are;

(b)  any flow velocity of water that has been recorded for a flood for—
(i)  all or part of the flood hazard area where the premises are; or
(ii)  the part of the premises that the building work is to be carried out on;

(c)  any other matter the local government considers relevant

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Division 3 Other persons as referral agency

pt 3 div 3 amd 2017 SL No. 141s 18

Table 1—Fire safety systems generally

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 that involves—

(a)  a fire safety system for a building or structure, other than a temporary structure or special structure as defined under the Building Act , schedule 2 , if the building work—

(i)  requires special fire services stated in schedule 19 , part 1 ; or

(ii)  includes an alternative solution assessed against the performance requirements of the Building Code, volume 1, or the performance criteria in the Queensland Development Code, part 2.2, for the fire safety system; or

(iii)  includes an alternative solution assessed against the relevant performance requirements of the Building Code or the performance criteria stated in the Queensland Development Code, part 2.3, for the fire safety system; or

(b)  a fire safety system for a budget accommodation building, if the work involves a solution—

(i)  assessed against the performance criteria in the Queensland Development Code, part 2.1 or the performance requirements of the Building Code, volumes 1 and 2, for the fire safety system; and

(ii)  that includes a fire safety management plan as a condition of the use and occupation of the building; or

(c)  a residential care building under the Queensland Development Code, part 2.2

2  Referral agency

The Queensland Fire and Emergency Service

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

If item 1, column 2, paragraph (a)(i) applies—the matters stated in schedule 19 , part 2

If item 1, column 2, paragraph (a)(ii) or (iii) applies—the Building Act , chapter 3 and the building assessment provisions

If item 1, column 2, paragraph (b) applies—the fire safety management plan

If item 1, column 2, paragraph (c) applies—

(a)  whether the building work complies with the Queensland Development Code, part 2.2; and

(b)  whether a fire and evacuation plan for the building under the Fire and Emergency Services Act complies with the Queensland Development Code, part 2.2, schedule 2

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

NilNote—

However, see also the Building Fire Safety Regulation 2008 , part 6 for fees that may apply, under that regulation, in relation to the development application.

Table 2—Water-based fire safety installations

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 involving a water-based fire safety installation, as defined under the Building Fire Safety Regulation 2008 , schedule 3 , for a building or structure, if the building work includes—

(a)  the installation of the water-based fire safety installation; and

(b)  an alternative solution assessed against performance criteria P3, P4 and P5 of the Queensland Development Code, part 6.1

2  Referral agency

The Queensland Fire and Emergency Service

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building work complies with performance criteria P3, P4 and P5 of the Queensland Development Code, part 6.1

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

NilNote—

However, see also the Building Fire Safety Regulation 2008 , part 6 for fees that may apply, under that regulation, in relation to the development application.

Table 3—Fire safety for farm buildings

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if—

(a)  performance criteria P1 of the Queensland Development Code, part 3.7 applies to the building work and the work includes an alternative solution assessed against performance criteria P1; or

(b)  performance criteria P3 of the Queensland Development Code, part 3.7 applies to the building work and the work—

(i)  does not comply with the Queensland Development Code, part 3.7, acceptable solution A3(1)(a)(ii), (2) or (3); or

(ii)  includes an alternative solution assessed against performance criteria P3 of the Queensland Development Code, part 3.7

2  Referral agency

The Queensland Fire and Emergency Service

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

If item 1, column 2, paragraph (a) applies—whether the building work complies with performance criteria P1 of the Queensland Development Code, part 3.7

If item 1, column 2, paragraph (b) applies—whether the building work complies with performance criteria P3 of the Queensland Development Code, part 3.7

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

NilNote—

However, see also the Building Fire Safety Regulation 2008 , part 6 for fees that may apply, under that regulation, in relation to the development application.

Table 4—Retail meat premises

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 for a retail meat premises, if—

(a)  the Queensland Development Code, part 5.3 applies to the work; and

(b)  the work is required to comply with performance criteria for the work stated in the part, other than by an acceptable solution

2  Referral agency

Safe Food Production QLD established under the Food Production (Safety) Act 2000

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building work complies with the performance criteria stated in the Queensland Development Code, part 5.3

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 5—Private health facilities

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 for a private health facility, if—

(a)  the Queensland Development Code, part 5.5, applies to the work; and

(b)  the work is required to comply with performance criteria for the work stated in the part, other than by an acceptable solution

2  Referral agency

The chief health officer established under the Hospital and Health Boards Act 2011

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building work complies with the performance criteria stated in the Queensland Development Code, part 5.5

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 6—Pastoral workers’ accommodation

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 for accommodation provided for a person performing pastoral work, as defined under the Pastoral Workers’ Accommodation Act 1980 , if—

(a)  the Queensland Development Code, part 5.6 applies to the work; and

(b)  the work is required to comply with the performance criteria for accommodation stated in the part, other than by an acceptable solution

2  Referral agency

The chief executive of the department in which the Pastoral Workers’ Accommodation Act 1980 is administered

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the building work complies with the performance criteria stated in the Queensland Development Code, part 5.6

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 7—Building work over or near relevant infrastructure relating to Queensland Development Code, part 1.4

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 1 , if—

(a)  the Queensland Development Code, part 1.4 applies to the work; and

(b)  the work will be carried out on a lot that contains, or is adjacent to a lot that contains, a sewer, water main or stormwater drain; and

(c)  either—

(i)  the work does not comply with an acceptable solution for a relevant performance criteria stated in the part; or

(ii)  the work is for a class of building or structure for which the part does not state an acceptable solution; and

(d)  the relevant service provider is not the applicant

2  Referral agency

The relevant service provider

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the proposed building or structure complies with the performance criteria in the Queensland Development Code, part 1.4 that relate to a sewer, water main or stormwater drain

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral, if the referral agency is a public sector entity other than a local government

An amount—

(a)  the referral agency considers to be reasonable; and
(b)  that is not more than the reasonable cost of the referral agency performing its functions as referral agency

Schedule 10 Development assessment

sections 19 , 20, 22, 26, 27, 30, 31, 33 and 34

Part 1 Airport land

Division 1 Assessable development

1Assessable development—development on airport land

Development on airport land is assessable development, if—
(a)the land use plan for the airport land states the development is assessable development; or
(b)the development is a material change of use that is inconsistent with the land use plan for the airport land.

Division 2 Assessment by assessment manager

Table 1—Assessable development under s 1

Column 1

Column 2

1  Category of assessment

Impact assessment, if the land use plan requires impact assessment
Otherwise, code assessment

2  Assessment benchmarks

Matters stated to be assessment benchmarks for the development in the land use plan

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager

$1,564.00

Division 3 Referral agency’s assessment

Table 1—Assessable development under s 1

Column 1

Column 2

1  Development application requiring referral

Development application for assessable development under section 1 , if the chief executive is the prescribed assessment manager for the application

2  Referral agency

The local government

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

The impacts of the proposed development, identified by the local government, on land in its local government area, other than airport land

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Part 2 Brothels

Division 1 Prohibited development

2Prohibited development—material change of use for a brothel

(1)A material change of use of premises for a brothel is prohibited development if—
(a)more than 5 rooms in the proposed brothel are to be used to provide prostitution; or
(b)the premises are—
(i)in, or within 200m of the closest point on any boundary of, a residential area, measured by the shortest route a person may reasonably and lawfully take, on foot or by vehicle; or
(ii)within 200m of the closest point on any boundary of land on which there is a residential building or public building; or
(iii)within 100m of the closest point on any boundary of land on which there is a residential building or public building, measured in a straight line; or
(c)for premises in a town with a population of less than 25,000—
(i)the local government for the town has prohibited all material changes of use for a brothel within the local government area; and
(ii)the Minister has agreed that the development should be prohibited.
(2)In this section—
public building means—
(a)a hospital; or
(b)a kindergarten; or
(c)a place of worship; or
(d)a school; or
(e)another place regularly frequented by children for recreational or cultural activities.
residential area means—
(a)an area that is mainly residential; or
(b)an area approved for residential uses; or
(c)an area intended to be residential in character.
residential building means a building, or part of a building, mainly used for private residential use, other than a building, or part of a building, used only for caretaker’s accommodation on premises in an industrial area.

Division 2 Assessable development

3Assessable development—material change of use for a brothel

A material change of use of premises for a brothel is assessable development.

Division 3 Assessment by assessment manager

Table 1—Assessable development under s 3

Column 1

Column 2

1  Category of assessment

Code assessment if—

 

(a)  all or part of the premises are—
(i)  in an industrial area; or
(ii)  strategic port land; or
 

(b)  the planning scheme was made after 1 July 2000 and requires code assessment
 

Otherwise, impact assessment

2  Assessment benchmarks

If the local government is the prescribed assessment manager—the Prostitution Regulation 2014 , schedule 3

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Part 3 Clearing native vegetation

Division 1 Prohibited development

4Prohibited development—clearing native vegetation other than for a relevant purpose

(1)Operational work that is the clearing of native vegetation on prescribed land is prohibited development to the extent the work—
(a)is not for a relevant purpose under the Vegetation Management Act , section 22A; and
(b)is not exempt clearing work; and
(c)is not accepted development under schedule 7 , part 3 , section 12 .
(2)A material change of use that is assessable development under a local categorising instrument is prohibited development if and to the extent—
(a)the material change of use involves operational work that is prohibited development under subsection (1), other than operational work approved under a development approval; and
(b)the chief executive would, because of the clearing, be a referral agency for the material change of use under division 4 , table 3 if a development application were made for the material change of use.

Division 2 Assessable development

5Assessable development—clearing native vegetation on prescribed land

Operational work that is the clearing of native vegetation on prescribed land is assessable development, unless the clearing is—
(a)exempt clearing work; or
(b)accepted development under schedule 7 , part 3 , section 12 .

Division 3 Assessment by assessment manager

Table 1—Assessable development under s 5

Column 1

Column 2

1  Category of assessment

Code assessment, if the chief executive is the prescribed assessment manager

2  Assessment benchmarks

If the chief executive is the prescribed assessment manager—the State development assessment provisions

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager—
 

(a)  if the operational work is high value agriculture clearing or irrigated high value agriculture clearing—
 

(i)  if the total area to be cleared is 30ha or less and includes an endangered regional ecosystem or an of concern regional ecosystem

$6,260.00

(ii)  if the total area to be cleared is 30ha or less and does not include an ecosystem stated in paragraph (i)

$3,130.00

(iii)  if the total area to be cleared is more than 30ha

$12,518.00

(b)  if the operational work is necessary environmental clearing because it is necessary to—
 

(i)  restore the ecological and environmental condition of land

Nil

(ii)  divert existing natural channels in a way that replicates the existing form of the natural channels

$6,260.00

(iii)  prepare for the likelihood of a natural disaster

Nil

(iv)  remove contaminants from land

Nil

(c)  if the operational work is for a purpose other than reconfiguring a lot, a material change of use, high value agriculture clearing, irrigated high value agriculture clearing or necessary environmental clearing and the clearing is—
 

(i)  of an area less than 5ha and is for establishing a necessary fence, firebreak, road or vehicular track, or necessary built infrastructure

$3,130.00

(ii)  fodder harvesting as defined under the Vegetation Management Act , schedule

$3,130.00

(iii)  for thinning as defined under the Vegetation Management Act , schedule

$3,130.00

(iv)  the clearing of encroachment as defined under the Vegetation Management Act , schedule

$3,130.00

(v)  necessary for controlling declared pests or vegetation that is not native vegetation

Nil

(vi)  necessary for ensuring public safety

Nil

(d)  otherwise

$12,518.00

Division 4 Referral agency’s assessment

Table 1—Assessable development under s 5

Column 1

Column 2

1  Development application requiring referral

Development application for operational work that is assessable development under section 5 , other than an application—

 

(a)  for operational work relating to reconfiguring a lot stated in table 2, item 1, column 2; or
 

(b)  for operational work relating to a material change of use stated in table 3, item 1, column 2; or
 

(c)  that the chief executive is the assessment manager for

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

The fee that would be payable to the chief executive if the chief executive were the assessment manager

Table 2—Reconfiguring a lot that is assessable development under s 21

Column 1

Column 2

1  Development application requiring referral

Development application for reconfiguring a lot that is assessable development under section 21 , if—

(a)  a lot that the application relates to is 5ha or larger; and
(b)  the size of any lot created is 25ha or less; and
(c)  either—
(i)  the reconfiguration involves operational work that is assessable development under section 5 , other than operational work that is only the clearing of regulated regrowth vegetation; or
(ii)  on any lot created, accepted operational work, other than operational work that is only the clearing of regulated regrowth vegetation, may be carried out

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—
 

(a)  if the reconfiguration involves a material change of use stated in table 3, item 1, column 2

Nil

(b)  if paragraph (a) does not apply and the reconfiguration is rearranging the boundaries of a lot

$1,564.00

(c)  if paragraph (a) does not apply and the reconfiguration is the subdivision of 1 lot into 2 lots on premises that do not include an endangered regional ecosystem, of concern regional ecosystem or essential habitat for protected wildlife

$3,130.00

(d)  if paragraphs (a), (b) and (c) do not apply

$6,260.00

Table 3—Material change of use that is assessable development under a local categorising instrument

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use that is assessable development under a local categorising instrument and relates to a lot that is 5ha or larger, if—

(a)  the application—
(i)  is for a preliminary approval that includes a variation request; and
(ii)  relates to a lot that contains native vegetation shown on the regulated vegetation management map as a category A area or category B area; and
(iii)  is for a material change of use, other than a non-referable material change of use; or

(b)  the application is not stated in paragraph (a) and all of the following apply—

(i)  the material change of use does not involve prescribed clearing;
 

(ii)  accepted operational work may be carried out because of the material change of use, or the material change of use involves operational work that is assessable development under section 5 ;
 

(iii)  the accepted operational work or assessable operational work includes development other than the clearing of regulated regrowth vegetation on freehold land, indigenous land, or land the subject of a lease given under the Land Act for agriculture or grazing purposes

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the material change of use—
(i)  does not involve reconfiguring a lot, or involves reconfiguring a lot that is the subdivision of 1 lot into 2 or rearranging the boundaries of a lot; and
(ii)  is on premises that does not include an endangered regional ecosystem, of concern regional ecosystem or essential habitat for protected wildlife

$3,130.00

(b)  otherwise

$6,260.00

Part 4 Contaminated land

Division 1 Assessable development

div hdg amd 2017 SL No. 201s 4(1)

6Assessable development—material change of use on contaminated land

A material change of use of premises is assessable development if—
(a)all or part of the premises are on—
(i)the contaminated land register; or
(ii)the environmental management register; and
(b)the premises are not being used for a sensitive land use; and
(c)the material change of use involves—
(i)a sensitive land use; or
(ii)a commercial use involving an accessible underground facility, including, for example, a basement car park, workshop or office; and
(d)neither the contaminated land register nor the environmental management register state that the premises are suitable for the proposed use in accordance with a site suitability statement for the premises.

s 6 amd 2017 SL No. 201s 4(2)–(4)

Division 2 Assessment by assessment manager

Table 1—Assessable development under s 6

Column 1

Column 2

1  Category of assessment

Code assessment

2  Assessment benchmarks

Whether the contaminated land register or the environmental management register states that the premises are suitable for the proposed use in accordance with a site suitability statement for the premises

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager

Nil

div 2 (prev div 1A) ins 2017 SL No. 201s 4(5)

renum 2017 SL No. 201s 4(6)

Division 3 Referral agency’s assessment

Table 1—Premises contaminated because of unexploded ordnance

Column 1

Column 2

1  Development application requiring referral

Development application for the following development, if all or part of the premises are shown as an area of substantial unexploded ordnance potential in a mapping layer in the development assessment mapping system published on the department’s website—

(a)  reconfiguring a lot that is assessable development under section 21 ;
(b)  a material change of use that is assessable development under a local categorising instrument

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$782.00

div 3 (prev div 2) renum 2017 SL No. 201s 4(6)

Part 5 Environmentally relevant activities

Division 1 Prohibited development

7Prohibited development—development in North Stradbroke Island Region

(1)Development in the North Stradbroke Island Region is prohibited development—
(a)if the development is for an environmentally relevant activity stated in the Environmental Protection Regulation, schedule 2, part 4, section 16; and
(b)to the extent the development involves dredging or extracting more than 10,000t of material a year.
(2)In this section—
North Stradbroke Island Region see the North Stradbroke Island Protection and Sustainability Act 2011 , section 5.

Division 2 Assessable development

8Assessable development—material change of use for an environmentally relevant activity

(1)A material change of use of premises for an environmentally relevant activity is assessable development, if the activity is a concurrence ERA (the relevant ERA).
(2)However, subsection (1) does not apply if—
(a)an environmental authority to carry out a concurrence ERA has been approved for the premises; and
(b)the relevant ERA and concurrence ERA are to be carried out under the environmental authority; and
(c)the relevant ERA has a lower aggregate environmental score than the concurrence ERA.

Division 3 Assessment by assessment manager

Table 1—Assessable development under s 8

Column 1

Column 2

1  Category of assessment

Code assessment

2  Assessment benchmarks

If the local government is the prescribed assessment manager—the matters prescribed as assessment benchmarks for the development under the Environmental Protection Act , section 580(4)(a)
If the chief executive is the prescribed assessment manager—the State development assessment provisions

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application if the chief executive is the assessment manager—
 

(a)  if the environmentally relevant activity involves a relevant activity stated in the Environmental Protection Regulation, schedule 2, section 2, 3 or 4

$3,130.00

(b)  otherwise—
 

(i)  if the aggregate environmental score for the environmentally relevant activity is 25 or less

$1,564.00

(ii)  if the aggregate environmental score for the environmentally relevant activity is more than 25, but no more than 74

$3,130.00

(iii)  if the aggregate environmental score for the environmentally relevant activity is more than 74

$12,518.00

Division 4 Referral agency’s assessment

Table 1—Devolved environmentally relevant activity

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use that is assessable development under section 8 , if—

(a)  the environmentally relevant activity that is the subject of the application has been devolved to a local government under the Environmental Protection Regulation; and
(b)  the local government is not the prescribed assessment manager for the application

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The matters prescribed under the Environmental Protection Act , section 580(4)(b) as matters the referral agency must assess the development against

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 2—Non-devolved environmentally relevant activities

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use that is assessable development under section 8 , if—

 

(a)  the environmentally relevant activity the subject of the application has not been devolved to a local government under the Environmental Protection Regulation; and
 

(b)  the chief executive is not the prescribed assessment manager for the application

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

The fee that would be payable to the chief executive if the chief executive were the assessment manager

Part 6 Fisheries

Division 1 Aquaculture

Subdivision 1 Assessable development

9Assessable development—material change of use for aquaculture

A material change of use of premises for aquaculture is assessable development, unless the material change of use is accepted development under schedule 7 , part 2 , section 3 .

Subdivision 2 Assessment by assessment manager

Table 1—Assessable development under s 9

Column 1

Column 2

1  Category of assessment

Code assessment, if the chief executive is the prescribed assessment manager

2  Assessment benchmarks

If the chief executive is the prescribed assessment manager—the State development assessment provisions

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager—
 

(a)  if the aquaculture—

$3,130.00

(i)  is carried out in a tank, pond or hatchery; and
 

(ii)  is not expected to cause the discharge of waste into Queensland waters
 

(b)  if the aquaculture—

$6,260.00

(i)  is carried out in a tank, pond or hatchery that covers an area of 100ha or less; and
 

(ii)  is expected to cause the discharge of waste into Queensland waters
 

(c)  if the aquaculture—

$12,518.00

(i)  is carried out in a tank, pond or hatchery that covers an area of more than 100ha; and
 

(ii)  is expected to cause the discharge of waste into Queensland waters
 

(d)  if the aquaculture—

$12,518.00

(i)  is carried out on tidal land; and
 

(ii)  involves the addition of feed
 

(e)  if—

$3,130.00

(i)  the aquaculture is carried out on tidal land that covers an area of 50ha or less and does not involve the addition of feed; and
 

(ii)  the applicant holds a resource allocation authority for the material change of use
 

(f)  if—

$6,260.00

(i)  the aquaculture is carried out on tidal land that covers an area of more than 50ha and does not involve the addition of feed; and
 

(ii)  the applicant holds a resource allocation authority for the material change of use
 

(g)  otherwise

$12,518.00

Subdivision 3 Referral agency’s assessment

Table 1—Assessable development under s 9

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use that is assessable development under section 9 , unless the chief executive is the prescribed assessment manager for the application

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

The fee that would be payable to the chief executive if the chief executive were the assessment manager

Division 2 Declared fish habitat area

Subdivision 1 Assessable development

10Assessable development—operational work in declared fish habitat area

Operational work completely or partly in a declared fish habitat area is assessable development, unless the work is accepted development under schedule 7 , part 3 , section 7 .

Subdivision 2 Assessment by assessment manager

Table 1—Assessable development under s 10

Column 1

Column 2

1  Category of assessment

Code assessment, if the chief executive is the prescribed assessment manager

2  Assessment benchmarks

If the chief executive is the prescribed assessment manager—the State development assessment provisions

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager—
 

(a)  if the applicant holds a resource allocation authority for all of the development

$1,564.00

(b)  if paragraph (a) does not apply and the development is expected to cause a permanent loss of capacity of tidal land—
 

(i)  if the development is to be carried out in an area of no more than 500m2

$6,260.00

(ii)  otherwise

$12,518.00

(c)  if paragraph (a) does not apply and the development is not expected to cause a permanent loss of capacity of tidal land—
 

(i)  if the development is to be carried out in an area of no more than 1,500m2

$6,260.00

(ii)  otherwise

$12,518.00

Subdivision 3 Referral agency’s assessment

Note—

For the referral agencies for a development application for building work under the Building Act in a declared fish habitat area, see schedule 9 , part 3 , division 1 , table 2.

Table 1—Assessable development under s 10

Column 1

Column 2

1  Development application requiring referral

Development application for operational work that is assessable development under section 10 , unless the chief executive is the prescribed assessment manager for the application

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

The fee that would be payable to the chief executive if the chief executive were the assessment manager

Division 3 Marine plants

Subdivision 1 Assessable development

11Assessable development—operational work involving marine plants

Operational work that is the removal, destruction or damage of a marine plant is assessable development, unless the work is—
(a)accepted development under schedule 7 , part 3 , section 8 ; or
(b)for reconfiguring a lot that is assessable development under section 21 , or for a material change of use that is assessable development, and both of the following apply—
(i)a development permit is in effect for the reconfiguration or material change of use;
(ii)the chief executive, or the chief executive (fisheries), had functions and powers as a referral agency or prescribed assessment manager in relation to the removal, destruction or damage of marine plants for the development application for the development permit; or
(c)PDA-related development.

Subdivision 2 Assessment by assessment manager

Table 1—Assessable development under s 11

Column 1

Column 2

1  Category of assessment

Code assessment, if the chief executive is the prescribed assessment manager

2  Assessment benchmarks

If the chief executive is the prescribed assessment manager—the State development assessment provisions

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager—
 

(a)  if—

$3,130.00

(i)  the operational work is the removal, destruction or damage of marine plants covering an area less than 25m2; or
 

(ii)  the operational work is to be carried out in an area that is above the level of the highest astronomical tide; or
 

(iii)  the operational work is for education or research
 

(b)  if—

$6,260.00

(i)  the operational work is the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 500m2, and is expected to cause a loss of capacity of tidal land; or
 

(ii)  the operational work is the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 1,500m2, and is not expected to cause a loss of capacity of tidal land
 

(c)  if—

$12,518.00

(i)  the operational work is the removal, destruction or damage of marine plants covering an area of more than 500m2 and is expected to cause a loss of capacity of tidal land; or
 

(ii)  the operational work is the removal, destruction or damage of marine plants covering an area of more than 1,500m2 and is not expected to cause a loss of capacity of tidal land
 

Subdivision 3 Referral agency’s assessment

Table 1—Assessable development under s 11

Column 1

Column 2

1  Development application requiring referral

Development application for operational work that is assessable development under section 11 , unless the chief executive is the prescribed assessment manager for the application

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

The fee that would be payable to the chief executive if the chief executive were the assessment manager

Table 2—Reconfiguring a lot or material change of use involving removal, destruction or damage of marine plants

Column 1

Column 2

1  Development application requiring referral

Development application for reconfiguring a lot that is assessable development under section 21 or a material change of use, if—

(a)  the development involves operational work that is the removal, destruction or damage of a marine plant, other than operational work that is—
(i)  PDA-related development; or
(ii)  accepted development under schedule 7 , part 3 , section 8 ; and
(b)  there is no development permit for the operational work

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—
 

(a)  for a material change of use or reconfiguring a lot, if—

$3,130.00

(i)  the development involves the removal, destruction or damage of marine plants covering an area less than 25m2; or
 

(ii)  the development is to be carried out in an area that is above the level of the highest astronomical tide; or
 

(iii)  the development is for education or research
 

(b)  for a material change of use or reconfiguring a lot, if—

$6,260.00

(i)  the development involves the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 500m2, and is expected to cause a loss of capacity of tidal land; or
 

(ii)  the development involves the removal, destruction or damage of marine plants covering an area of at least 25m2, but no more than 1,500m2, and is not expected to cause a loss of capacity of tidal land
 

(c)  for a material change of use or reconfiguring a lot, if—

$12,518.00

(i)  the development involves the removal, destruction or damage of marine plants covering an area of more than 500m2 and is expected to cause a loss of capacity of tidal land; or
 

(ii)  the development involves the removal, destruction or damage of marine plants covering an area of more than 1,500m2 and is not expected to cause a loss of capacity of tidal land
 

Division 4 Waterway barrier works

Subdivision 1 Assessable development

12Assessable development—operational work for waterway barrier works

Operational work that is constructing or raising waterway barrier works is assessable development, unless the work is accepted development under schedule 7 , part 3 , section 6 .

Subdivision 2 Assessment by assessment manager

Table 1—Assessable development under s 12

Column 1

Column 2

1  Category of assessment

Code assessment, if the chief executive is the prescribed assessment manager

2  Assessment benchmarks

If the chief executive is the prescribed assessment manager—the State development assessment provisions

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager—
 

(a)  for each waterway barrier works the subject of the application, if—

$3,130.00

(i)  the applicant has a fish movement exemption notice under the Fisheries Act for the application and the notice still applies; or
 

(ii)  the waterway barrier works are to be constructed or raised in a low-risk waterway and the primary purpose of the works is not the impounding of water
 

(b)  for each waterway barrier works the subject of the application, if—

$6,260.00

(i)  the waterway barrier works are a bridge to be constructed in a major-risk waterway; or
 

(ii)  the waterway barrier works are to be constructed or raised in a moderate-risk waterway or high-risk waterway and the primary purpose of the works is not the impounding of water
 

(c)  for each waterway barrier works the subject of the application, if—

$12,518.00

(i)  the primary purpose of the waterway barrier works is to impound water; or
 

(ii)  the waterway barrier works are to be constructed or raised in a major-risk waterway or an unmapped tidal waterway and is not a bridge
 

(d)  otherwise, for each waterway barrier works the subject of the application

$3,130.00

Subdivision 3 Referral agency’s assessment

Table 1—Assessable development under s 12

Column 1

Column 2

1  Development application requiring referral

Development application for operational work that is assessable development under section 12 , unless the chief executive is the prescribed assessment manager for the application

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

The fee that would be payable to the chief executive if the chief executive were the assessment manager

Part 7 Hazardous chemical facilities

Division 1 Assessable development

13Assessable development—material change of use for a hazardous chemical facility

A material change of use for a hazardous chemical facility is assessable development.

Division 2 Assessment by assessment manager

Table 1—Assessable development under s 13

Column 1

Column 2

1  Category of assessment

Code assessment, if the chief executive is the prescribed assessment manager

2  Assessment benchmarks

If the chief executive is the prescribed assessment manager—the State development assessment provisions

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager

$12,518.00

Division 3 Referral agency’s assessment

Table 1—Assessable development under s 13

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use that is assessable development under section 13 , unless the chief executive is the prescribed assessment manager

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$782.00

Part 8 Heritage places

Division 1 Local heritage places

Subdivision 1 Assessable development

14Assessable development—development on local heritage place

Development on a local heritage place, other than a Queensland heritage place, is assessable development, unless—
(a)the development is building work carried out by or for—
(i)the State; or
(ii)a public sector entity; or
(b)the development is carried out by the State on designated premises; or
(c)the development is stated in schedule 6 ; or
(d)an exemption certificate under the Heritage Act has been given for the development by the chief executive officer of the local government for the local government area where the place is.

Notes—

1For development on a local heritage place on airport land, see also the Airport Assets Act, section 54.
2For development on a local heritage place on Brisbane core port land, see also the Transport Infrastructure Act , section 283ZV.

Subdivision 2 Assessment by assessment manager

Table 1—Assessable development under s 14

Column 1

Column 2

1  Category of assessment

Impact assessment, if a local categorising instrument requires impact assessment
Otherwise, code assessment

2  Assessment benchmarks

If the local government is the prescribed assessment manager—

(a)  for a local heritage place on the local government’s local heritage register under the Heritage Act —the code in the Queensland Heritage Regulation 2015 , schedule 2 ; or
(b)  for a local heritage place identified in the local government’s planning scheme—the relevant provisions of a local categorising instrument

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Subdivision 3 Referral agency’s assessment

Table 1—Assessable development under s 14 that is building work

Column 1

Column 2

1  Development application requiring referral

Development application for building work that is assessable development under section 14 , unless the local government is the prescribed assessment manager

2  Referral agency

The local government

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

For a local heritage place on the local government’s local heritage register under the Heritage Act —the code in the Queensland Heritage Regulation 2015 , schedule 2

For a local heritage place identified in the local government’s planning scheme—the relevant provisions of a local categorising instrument

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Division 2 Queensland heritage place

Subdivision 1 Assessable development

15Assessable development—development on or adjoining a Queensland heritage place

(1)Development on a Queensland heritage place is assessable development, unless—
(a)an exemption certificate under the Heritage Act has been given for the development by the chief executive of the department in which that Act is administered; or
(b)the development is, under section 78 of that Act, liturgical development; or
(c)the development is carried out by the State; or
(d)the development is PDA-related development; or
(e)the development is carried out for the cross river rail project.
(2)A material change of use of premises is assessable development, if—
(a)the material change of use is carried out on a lot that shares a common boundary with another lot that is or contains a Queensland heritage place; or
(b)the material change of use is carried out on a lot that contains a Queensland heritage place, but is not carried out on the Queensland heritage place.
(3)However, subsection (2) does not apply if 1 or more of the following apply—
(a)the Queensland heritage place is an archaeological State heritage place as defined under the Heritage Act , schedule;
(b)the material change of use is carried out more than 75m from the boundary of the Queensland heritage place;
(c)the material change of use is for a single storey dwelling house only;
(d)the material change of use is for a dwelling house only and all buildings constructed as part of the use are more than 25m from the boundary of the Queensland heritage place;
(e)all buildings and structures, other than dwelling houses, constructed as part of the material change of use have a height of less than 3.5m;
(f)the material change of use involves only alterations to existing buildings and structures, with all alterations to the exterior of a building or structure being minor building work;
(g)the material change of use is PDA-related development.
(4)In this section—
cross river rail project means the project known as the cross river rail project described in—
(a)the Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development Act ; and
(b)any Coordinator-General’s change report for the project under that Act.

Subdivision 2 Assessment by assessment manager

Table 1—Assessable development under s 15(1)

Column 1

Column 2

1  Category of assessment

Code assessment, if the chief executive is the prescribed assessment manager

2  Assessment benchmarks

If the chief executive is the prescribed assessment manager—the State development assessment provisions

3  Matters code assessment must have regard to

If section 277 of the Act applies—the matters stated in section 277(2)(b) and (3) of the Act

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager—
 

(a)  if the development is a material change of use of premises that would result in the premises comprising at least 1 dwelling but not more than 4 dwellings

Nil

(b)  if the development is building work, or operational work, relating to premises comprising at least 1 dwelling but not more than 4 dwellings

Nil

(c)  otherwise

$3,130.00

Table 2—Assessable development under s 15(2)

Column 1

Column 2

1  Category of assessment

Code assessment

2  Assessment benchmarks

If the chief executive is the prescribed assessment manager—the State development assessment provisions

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager—
 

(a)  if the development is a material change of use of premises that would result in the premises comprising at least 1 dwelling but not more than 4 dwellings

Nil

(b)  otherwise

$1,564.00

Subdivision 3 Referral agency’s assessment

Table 1—Assessable development under s 15(1)

Column 1

Column 2

1  Development application requiring referral

Development application for assessable development under section 15 (1), unless the chief executive is the prescribed assessment manager for the application

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

If section 277 of the Act applies—the matters stated in section 277(2)(b) and (3) of the Act

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the development is on Brisbane core port land

Nil

(b)  otherwise

The fee that would be payable to the chief executive if the chief executive were the assessment manager

Table 2—Assessable development under s 15(2)

Column 1

Column 2

1  Development application requiring referral

Development application for assessable development under section 15 (2), unless the chief executive is the prescribed assessment manager for the application

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

The fee that would be payable to the chief executive if the chief executive were the assessment manager

Part 9 Infrastructure-related referrals

Division 1 Designated premises—referral agency’s assessment

Table 1—Development on designated premises

Column 1

Column 2

1  Development application requiring referral

Development application for development on premises that are the subject of a designation made by the Minister, if—

(a)  the development is assessable development under a local categorising instrument; and
(b)  the infrastructure the subject of the designation is to be supplied by a public sector entity; and
(c)  the premises are not owned by or for the State; and
(d)  the development is for a purpose other than the designated purpose; and
(e)  the development will not be carried out by or for the State

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

5  Matters referral agency’s assessment must have regard to

The designation

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$3,130.00

Division 2 Electricity infrastructure—referral agency’s assessment

Table 1—Reconfiguring a lot subject to an easement or near a substation site

Column 1

Column 2

1  Development application requiring referral

Development application for reconfiguring a lot that is assessable development under section 21 , if—

(a)  all or part of the lot is subject to an easement—
(i)  for the benefit of a distribution entity, or transmission entity, under the Electricity Act ; and
(ii)  for a transmission grid or supply network; or
(b)  part of the lot is within 100m of a substation site

2  Referral agency

The chief executive of the distribution entity or transmission entity

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

The purposes of the Electricity Act and the Electrical Safety Act

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 2—Material change of use of premises near a substation site or subject to an easement

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use that is assessable development under a local categorising instrument and does not relate to reconfiguring a lot, if—

(a)  all or part of the premises are within 100m of a substation site; or
(b)  both of the following apply—
(i)  all or part of the premises are subject to an easement for the benefit of a distribution entity, or transmission entity, under the Electricity Act ;
(ii)  the easement is for a transmission grid or supply network

2  Referral agency

The chief executive of the distribution entity or transmission entity

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

The purposes of the Electricity Act and the Electrical Safety Act

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 3—Operational work on premises subject to an easement or near a substation site

Column 1

Column 2

1  Development application requiring referral

Development application for operational work that is filling or excavating if the operational work is assessable development under a local categorising instrument and either of the following apply—

(a)  both of the following apply—
(i)  all or part of the premises are subject to an easement for the benefit of a distribution entity, or transmission entity, under the Electricity Act ;
(ii)  all or part of the work is on the easement;
(b)  all or part of the work is within 10m of a substation site

2  Referral agency

The chief executive of the distribution entity or transmission entity

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

The purposes of the Electricity Act and the Electrical Safety Act

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Division 3 Oil and gas infrastructure—referral agency’s assessment

Table 1—Reconfiguring a lot subject to a pipeline easement

Column 1

Column 2

1  Development application requiring referral

Development application for reconfiguring a lot that is assessable development under section 21 , if—

(a)  all or part of the lot is subject to an easement for the benefit of the holder of a pipeline licence under the Petroleum and Gas Act ; and
(b)  the easement is for the construction or operation of the pipeline that is the subject of the pipeline licence

2  Referral agency

If the holder of the licence is not an individual—the chief executive, however described, of the holder
If the holder of the licence is an individual—the individual

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

The purposes of the Petroleum and Gas Act

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 2—Material change of use of premises subject to a pipeline easement

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use that is assessable development under a local categorising instrument and does not relate to reconfiguring a lot, if—

(a)  all or part of the premises are subject to an easement for the benefit of the holder of a pipeline licence under the Petroleum and Gas Act ; and
(b)  the easement is for the construction or operation of the pipeline that is the subject of the pipeline licence; and
(c)  all or part of a structure or work that is the natural and ordinary consequence of the use is, or will be, on the easement

2  Referral agency

If the holder of the licence is not an individual—the chief executive, however described, of the holder
If the holder of the licence is an individual—the holder

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

The purposes of the Petroleum and Gas Act

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 3—Operational work on premises subject to a pipeline easement

Column 1

Column 2

1  Development application requiring referral

Development application for operational work that is—

(a)  assessable development under a local categorising instrument; and
(b)  filling, excavating, compacting, drilling, boring or piling, not relating to reconfiguring a lot, if—
(i)  all or part of the premises are subject to an easement for the benefit of the holder of a pipeline licence under the Petroleum and Gas Act ; and
(ii)  all or part of the work is on the easement

2  Referral agency

If the holder of the licence is not an individual—the chief executive, however described, of the holder
If the holder of the licence is an individual—the holder

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

The purposes of the Petroleum and Gas Act

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Division 4 State transport infrastructure—referral agency’s assessment

Subdivision 1 State transport infrastructure generally

Table 1—Aspect of development stated in schedule 20

Column 1

Column 2

1  Development application requiring referral

Development application for an aspect of development stated in schedule 20 that is assessable development under a local categorising instrument or section 21 , if—

(a)  the development is for a purpose stated in schedule 20 , column 1 for the aspect; and

(b)  the development meets or exceeds the threshold—

(i)  for development in local government area 1—stated in schedule 20 , column 2 for the purpose; or

(ii)  for development in local government area 2—stated in schedule 20 , column 3 for the purpose; and

(c)  for development in local government area 1—the development is not for an accommodation activity or an office at premises wholly or partly in the excluded area
 

However, if the development is for a combination of purposes stated in the same item of schedule 20 , the threshold is for the combination of purposes and not for each individual purpose.

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—
 

(a)  if the development involves reconfiguring a lot stated in subdivision 2 , table 1, item 1, column 2, table 2, item 1, column 2 or table 3, item 1, column 2 or a material change of use stated in subdivision 2 , table 4, item 1, column 2—

(i)  for premises in local government area 1

$3,130.00

(ii)  for premises in local government area 2

$1,564.00

(b)  if paragraph (a) does not apply—

(i)  for premises in local government area 1

$6,260.00

(ii)  for premises in local government area 2

$3,130.00

Subdivision 2 State transport corridors and future State transport corridors

pt 9 div 4 sdiv 2 amd 2017 SL No. 141s 19(1)–(2)

Table 1—Reconfiguring a lot near a State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for reconfiguring a lot that is assessable development under section 21 , if—

(a)  all or part of the premises are within 25m of a State transport corridor; and

(b)  1 or more of the following apply—

(i)  the total number of lots is increased;

(ii)  the total number of lots adjacent to the State transport corridor is increased;

(iii)  there is a new or changed access between the premises and the State transport corridor;

(iv)  an easement is created adjacent to a railway as defined under the Transport Infrastructure Act , schedule 6 ; and

(c)  the reconfiguration does not relate to government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the reconfiguration results in less than 50 lots

$1,564.00 + ($782.00 x S)
where—
S means the number of State transport corridors that all or part of the premises are within 25m of, minus 1

(b)  if the reconfiguration results in 50 lots or more, but no more than 200 lots

$3,130.00 + ($1,564.00 x S)
where—
S means the number of State transport corridors that all or part of the premises are within 25m of, minus 1

(c)  if the reconfiguration results in more than 200 lots

$6,260.00 + ($3,130.00 x S)
where—
S means the number of State transport corridors that all or part of the premises are within 25m of, minus 1

Table 2—Reconfiguring a lot that is a future State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for reconfiguring a lot that is assessable development under section 21 , if—

(a)  all or part of the premises are a future State transport corridor; and

(b)  the total number of lots is increased; and

(c)  the reconfiguration does not relate to government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the reconfiguration results in less than 50 lots

$782.00 for each future State transport corridor

(b)  if the reconfiguration results in 50 lots or more, but no more than 200 lots

$1,564.00 for each future State transport corridor

(c)  if the reconfiguration results in more than 200 lots

$3,130.00 for each future State transport corridor

Table 3—Reconfiguring a lot near a State-controlled road intersection

Column 1

Column 2

1  Development application requiring referral

Development application for reconfiguring a lot that is assessable development under section 21 , if—

(a)  all or part of the premises are—

(i)  adjacent to a road (the relevant road) that intersects with a State-controlled road; and

(ii)  within 100m of the intersection; and

(b)  1 or more of the following apply—

(i)  the total number of lots is increased;

(ii)  the total number of lots adjacent to the relevant road is increased;

(iii)  there is a new or changed access between the premises and the relevant road; and

(c)  the reconfiguration does not relate to government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the reconfiguration involves reconfiguring a lot stated in table 1, item 1, column 2

Nil

(b)  if paragraph (a) does not apply and the reconfiguration results in 50 lots or less

$782.00

(c)  if paragraph (a) does not apply and the reconfiguration results in more than 50 lots, but no more than 200 lots

$1,564.00

(d)  if paragraph (a) does not apply and the reconfiguration results in more than 200 lots

$3,130.00

Table 4—Material change of use of premises near a State transport corridor or that is a future State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use, other than an excluded material change of use, that is assessable development under a local categorising instrument, if all or part of the premises—

(a)  are within 25m of a State transport corridor; or
(b)  are a future State transport corridor; or
(c)  are—
(i)  adjacent to a road that intersects with a State-controlled road; and
(ii)  within 100m of the intersection

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may be against

8  Fee for referral—

(a)  if the material change of use involves reconfiguring a lot stated in table 1, item 1, column 2, table 2, item 1, column 2 or table 3, item 1, column 2

Nil

(b)  if paragraph (a) does not apply and the material change of use is stated in item 1, column 2, paragraph (a) or (c) and does not involve new relevant vehicular access to a State transport corridor—

(i)  for premises that consist of at least 1 dwelling but no more than 4 dwellings

$782.00 for each State transport corridor that all or part of the premises is within 25m of

(ii)  otherwise

$1,564.00 + ($782.00 x S)
where—
S means the number of State transport corridors that all or part of the premises is within 25m of, minus 1

(c)  if paragraph (a) does not apply and the material change of use is stated in item 1, column 2, paragraph (a) or (c) and involves a new relevant vehicular access to a State transport corridor—

(i)  for premises that consist of at least 1 dwelling but no more than 4 dwellings

$1,564.00 + ($782.00 x S)
where—
S means the number of State transport corridors that all or part of the premises is within 25m of, minus 1

(ii)  otherwise

$3,130.00 + ($1,564.00 x S)
where—
S means the number of State transport corridors that all or part of the premises is within 25m of, minus 1

(d)  if paragraph (a) does not apply and all or part of the premises are a future State transport corridor—

(i)  for premises that consist of at least 1 dwelling but no more than 4 dwellings

$782.00 for each future State transport corridor

(ii)  otherwise

$1,564.00 for each future State transport corridor

Table 5—Operational work on premises near a State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for operational work, if—

(a)  all or part of the premises are within 25m of a State transport corridor; and

(b)  the work—
(i)  relates to access to a State transport corridor; or
(ii)  involves extracting, excavating or filling more than 50m3; or
(iii)  involves the redirection or intensification of site stormwater from the premises, through a pipe or culvert with a cross-sectional area of more than 625cm2, to a State transport corridor; and

(c)  the work does not relate to—
(i)  a material change of use stated in table 4, item 1, column 2, paragraph (a) or (c); or
(ii)  reconfiguring a lot stated in table 1, item 1, column 2 or table 3, item 1, column 2; or
(iii)  government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$3,130.00 + ($1,564.00 x S)
where—
S means the number of State transport corridors that all or part of the premises is within 25m of, minus 1

Table 6—Operational work on premises that is a future State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for operational work, if—

(a)  all or part of the premises are a future State transport corridor; and
(b)  the work does not relate to—
(i)  a material change of use stated in table 4, item 1, column 2, paragraph (b); or
(ii)  reconfiguring a lot stated in table 2, item 1, column 2; or
(iii)  government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$3,130.00 + ($1,564.00 x F)
where—
F means the number of future State transport corridors on the premises, minus 1

Subdivision 3 State-controlled transport tunnels and future State-controlled transport tunnels

Table 1—Reconfiguring a lot on or near a State-controlled transport tunnel or future State-controlled transport tunnel

Column 1

Column 2

1  Development application requiring referral

Development application for reconfiguring a lot that is assessable development under section 21 , if—

(a)  all or part of the premises are—
(i)  a State-controlled transport tunnel; or
(ii)  a future State-controlled transport tunnel; or
(iii)  within 50m of a State-controlled transport tunnel or a future State-controlled transport tunnel; and
(b)  the reconfiguration does not relate to government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$6,260.00

Table 2—Material change of use of premises on or near a State-controlled transport tunnel or future State-controlled transport tunnel

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use that is assessable development under a local categorising instrument, if—

(a)  all or part of the premises are—
(i)  a State-controlled transport tunnel; or
(ii)  a future State-controlled transport tunnel; or
(iii)  within 50m of a State-controlled transport tunnel or future State-controlled transport tunnel; and
(b)  the material change of use does not relate to government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the material change of use involves reconfiguring a lot stated in table 1, item 1, column 2

Nil

(b)  otherwise

$6,260.00

Table 3—Operational work on or near a State-controlled transport tunnel or future State-controlled transport tunnel

Column 1

Column 2

1  Development application requiring referral

Development application for operational work, if—

(a)  all or part of the premises are—
(i)  a State-controlled transport tunnel; or
(ii)  a future State-controlled transport tunnel; or
(iii)  within 50m of a State-controlled transport tunnel or a future State-controlled transport tunnel; and

(b)  the work does not relate to—
(i)  a material change of use stated in table 2, item 1, column 2; or
(ii)  reconfiguring a lot stated in table 1, item 1, column 2; or
(iii)  government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$6,260.00

Part 10 Koala habitat area

Division 1 Prohibited development

16Prohibited development—material change of use in priority koala assessable development area

(1)A material change of use of premises for an urban activity is prohibited development to the extent the premises are in—
(a)a priority koala assessable development area; and
(b)a koala habitat area; and
(c)an area designated under a local categorising instrument for conservation, open space, rural or rural residential purposes.
(2)However, subsection (1) does not apply to a material change of use—
(a)that is accepted development; or
(b)that is exempted development; or
(c)for a single dwelling on a lot larger than 2,000m2; or
(d)that, if a development application were made for the material change of use, must be assessed against the assessment benchmarks prescribed under schedule 11 , part 2 , section 2 , 3, 4 or 5.
(3)In this section—
urban activity
(a)means the use of premises for a residential, industrial, retail or commercial activity; but
(b)does not include—
(i)an aeronautical facility; or
(ii)animal keeping; or
(iii)an activity that relies on the tourist trade; or
(iv)a cemetery; or
(v)a childcare centre; or
(vi)a community hall; or
(vii)a crematorium; or
(viii)a detention facility; or
(ix)an educational establishment; or
(x)emergency services; or
(xi)a forestry or primary industry activity; or
(xii)an activity that is reasonably associated with a forestry or primary industry activity; or
(xiii)a hospital; or
(xiv)infrastructure for water, waste management, telecommunications or electricity; or
(xv)outdoor sport and recreation; or
(xvi)a clubhouse, grandstand or tourist accommodation relating to outdoor sport and recreation; or
(xvii) a place of worship; or
(xviii) tourist accommodation that is part of a use mentioned in subparagraph (v), (vi), (viii), (ix), (xiii) or (xvii); or
(xix)a commercial or retail activity that is ancillary to a use mentioned in subparagraph (iii), (v), (vi), (viii), (ix), (xiii) or (xvii).

s 16 amd 2017 SL No. 201s 4(7)

Division 2 Assessment by assessment manager

Table 1—Development on premises in a koala habitat area

Column 1

Column 2

1  Category of assessment

The category of assessment stated for the development in a local categorising instrument

2  Assessment benchmarks

For a development application that schedule 11 applies to—the assessment benchmarks stated for the development in schedule 11 , part 2

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Part 11 Noise sensitive place on noise attenuation land

17Prohibited development—material change of use for a noise sensitive place

A material change of use of premises for a noise sensitive place is prohibited development, if—
(a)the use is on a part of the premises that—
(i)is noise attenuation land; and
(ii)has noise levels exceeding 45dBA(LAeq) during the operation of an off-road motorcycling facility on off-road motorcycling facility land; and
(b)any building work for the use does not comply with the outcomes prescribed for noise category 2 in the Queensland Development Code, part 4.4.

Part 12 Operational work for reconfiguring a lot

Division 1 Assessable development

18Assessable development—operational work for reconfiguring a lot

Operational work for reconfiguring a lot is assessable development, if the reconfiguration is also assessable development.

Division 2 Assessment by assessment manager

Table 1—Assessable development under s 18

Column 1

Column 2

1  Category of assessment

Code assessment

2  Assessment benchmarks

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Part 13 Ports

Division 1 Brisbane core port land

Subdivision 1 Assessment by assessment manager

Table 1—Assessable development on Brisbane core port land

Column 1

Column 2

1  Category of assessment

Code assessment, if the development is on Brisbane core port land and either of the following apply—

(a)  the development is reconfiguring a lot that is assessable development requiring code assessment under the Transport Infrastructure Act , section 283ZM(4);
(b)  the development is assessable development requiring code assessment under the Brisbane port LUP
Impact assessment, if the development is on Brisbane core port land and is assessable development requiring impact assessment under the Brisbane port LUP

2  Assessment benchmarks

The Brisbane port LUP

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

5  Fee for development application, if the chief executive is the assessment manager—
 

(a)  if the development is consistent with the Brisbane port LUP and requires code assessment

$9,127.00

(b)  if the development is inconsistent with the Brisbane port LUP and requires—
 

(i)  code assessment

$14,343.00

(ii)  impact assessment

$26,077.00

Subdivision 2 Referral agency’s assessment

Table 1—Material change of use on Brisbane core port land

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises on Brisbane core port land, if—

(a)  the Brisbane port LUP categorises the material change of use as assessable development; and
(b)  the chief executive is the prescribed assessment manager for the application

2  Referral agency

Brisbane City Council

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

The material impacts of the proposed development, identified by the council, on land in its local government area, other than Brisbane core port land

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 2—Operational work near a State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for operational work on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, if—

(a)  all or part of the premises are within 25m of a State transport corridor; and
(b)  the work—
(i)  relates to access to the State transport corridor; or
(ii)  involves extracting, excavating or filling more than 50m3; or
(iii)  involves the redirection or intensification of site stormwater from the premises through a pipe or culvert with a cross-sectional area of more than 625cm2, to a State transport corridor; and
(c)  the work does not relate to—
(i)  a material change of use stated in table 4, item 1, column 2, paragraph (a) or (c); or
(ii)  government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 3—Operational work on land that is a future State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for operational work on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, if—

(a)  all or part of the premises are a future State transport corridor; and
(b)  the work does not relate to—
(i)  a material change of use stated in table 4, item 1, column 2, paragraph (b); or
(ii)  government supported transport infrastructure

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 4—Material change of use of premises near a State transport corridor or that is future State transport corridor

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, other than an excluded material change of use, if all or part of the premises—

(a)  are within 25m of a State transport corridor; or
(b)  are a future State transport corridor; or
(c)  are—
(i)  adjacent to a road that intersects with a State-controlled road; and
(ii)  within 100m of the intersection

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 5—Development that is inconsistent with Brisbane port LUP for transport reasons

Column 1

Column 2

1  Development application requiring referral

Development application for development on Brisbane core port land that is inconsistent with the Brisbane port LUP for transport reasons

2  Referral agency

The Minister responsible for administering the Transport Infrastructure Act

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The transport reasons

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Table 6—Material change of use of premises for an environmentally relevant activity

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises on Brisbane core port land, if the material change of use—

(a)  is for an environmentally relevant activity; and
(b)  is prescribed assessable development; and
(c)  is categorised as assessable development under the Brisbane port LUP

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 7—Material change of use or operational work that is for or involves tidal works or work in a coastal management district

Column 1

Column 2

1  Development application requiring referral

Development application for development on Brisbane core port land, if the development—

(a)  is a material change of use or operational work; and
(b)  is categorised as assessable development under the Brisbane port LUP; and
(c)  is for or involves—
(i)  tidal works; or
(ii)  operational work completely or partly in a coastal management district that is prescribed assessable development

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 8—Material change of use of premises for a hazardous chemical facility

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises on Brisbane core port land, if the material change of use—

(a)  is for a hazardous chemical facility; and
(b)  is categorised as assessable development under the Brisbane port LUP

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 9—Operational work for taking or interfering with water

Column 1

Column 2

1  Development application requiring referral

Development application for operational work stated in section 29 , if the operational work—

(a)  is on Brisbane core port land; and
(b)  is categorised as assessable development under the Brisbane port LUP

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 10—Operational work for referable dams

Column 1

Column 2

1  Development application requiring referral

Development application for operational work stated in section 31 , if the operational work—

(a)  is on Brisbane core port land; and
(b)  is categorised as assessable development under the Brisbane port LUP

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 11—Material change of use or operational work relating to fisheries

Column 1

Column 2

1  Development application requiring referral

Development application for the following development, if the development is on Brisbane core port land and is categorised as assessable development under the Brisbane port LUP—

(a)  a material change of use stated in section 9 ;
(b)  operational work stated in section 10 , 11 or 12;
(c)  a material change of use involving operational work that is the removal, destruction or damage of a marine plant, if there is no development permit for the operational work

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Division 2 Land within Port of Brisbane’s port limits—referral agency’s assessment

Table 1—Development below high-water mark and within port limits generally

Column 1

Column 2

1  Development application requiring referral

Development application for development that is—

(a)  below high-water mark; and
(b)  within the Port of Brisbane’s port limits under the Transport Infrastructure Act

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The State development assessment provisions

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

Table 2—Development below high-water mark and within port limits if applicant is not port operator

Column 1

Column 2

1  Development application requiring referral

Development application for development stated in table 1, item 1, column 2, if the port operator is not the applicant

2  Referral agency

The port operator

3  Limitations on referral agency’s powers

Referral agency may give advice only

4  Matters referral agency’s assessment must be against

The safety and operational integrity of the port

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Division 3 Land within limits of another port—assessable development

Table 1—Prescribed assessable development within limits of a port

Column 1

Column 2

1  Development application requiring referral

Development application for development that is—

(a)  prescribed assessable development; and
(b)  on land below high-water mark and within the limits of a port under the Transport Infrastructure Act

2  Referral agency

The chief executive of the port authority for the land

3  Limitations on referral agency’s powers

If the development complies with all of the following, the referral agency may give advice only—

(a)  the development is carried out at a distance of at least 200m from a shipping channel or an entry and exit shipping corridor for the port;

(b)  the development is carried out at a distance of at least 100m from a swing basin, a commercial shipping wharf, a mooring, anchorage or spoil grounds;
(c)  the development is carried out at a distance of at least 1,000m from a planned port facility identified in a land use plan for strategic port land

4  Matters referral agency’s assessment must be against

Port authority functions under the Transport Infrastructure Act , chapter 8 , part 3

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Division 4 Priority port’s master planned area

Note—

For the relationship between port overlays and planning instruments, and between port overlays and land use plans for strategic port land, see the Sustainable Ports Act, sections 26 and 27.

Subdivision 1 Assessable development

19Assessable development—development in priority port’s master planned area

Development in a priority port’s master planned area is assessable development, if—
(a)the port overlay for the master planned area states the development is assessable development; and
(b)the development is not in—
(i)a priority development area; or
(ii)a State development area.

Subdivision 2 Assessment by assessment manager

Table 1—Assessable development under s 19

Column 1

Column 2

1  Category of assessment

Impact assessment, if the port overlay requires impact assessment
Otherwise, code assessment

2  Assessment benchmarks

Matters stated in the port overlay for the master planned area to be assessment benchmarks for the development

3  Matters code assessment must have regard to

Matters stated in the port overlay for the master planned area to be matters the assessment manager must have regard to in assessing the development

4  Matters impact assessment must have regard to

Matters stated in the port overlay for the master planned area to be matters the assessment manager must have regard to in assessing the development

Division 5 Strategic port land

Subdivision 1 Assessable development

20Assessable development—development on strategic port land

Development on strategic port land is assessable development, if—
(a)either—
(i)the land use plan for the strategic port land states the development is assessable development; or
(ii)the development is a material change of use that is inconsistent with the land use plan; and
(b)for premises in a priority port’s master planned area—the port overlay for the master planned area does not state a different category of development for the development.

Subdivision 2 Assessment by assessment manager

Table 1—Assessable development under s 20

Column 1

Column 2

1  Category of assessment

Code assessment

2  Assessment benchmarks

If the port authority is the assessment manager—the land use plan for the strategic port land

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Subdivision 3 Referral agency’s assessment

Table 1—Assessable development under s 20(a)(ii)

Column 1

Column 2

1  Development application requiring referral

Development application for assessable development stated in section 20 (a)(ii)

2  Referral agency

The Minister responsible for administering the Transport Infrastructure Act

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The Transport Infrastructure Act , section 287A

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

Part 14 Reconfiguring a lot under Land Title Act

Division 1 Assessable development

21Assessable development—reconfiguring a lot under Land Title Act

Reconfiguring a lot under the Land Title Act is assessable development, unless the reconfiguration—
(a)is stated in schedule 6 , part 4 , section 21 (2); or
(b)is of a lot that is, or includes, Brisbane core port land; or

Note—

For reconfiguring a lot on Brisbane core port land, see the Transport Infrastructure Act , section 283ZM.
(c)is for reconfiguring a South Bank lot within the corporation area under the South Bank Corporation Act 1989 ; or
(d)is of a lot that is in a priority development area, or that is PDA-associated land for a priority development area, within the meaning of the Economic Development Act , schedule 1 .

Division 2 Assessment by assessment manager

pt 14 div 2 amd 2017 SL No. 141s 12(1)

Note—

For the referral agencies for particular development applications for reconfiguring a lot that is assessable development under section 21 , see the other parts of this schedule.

Table 1—Assessable development under s 21

Column 1

Column 2

1  Category of assessment

Code assessment, if—

(a)  schedule 12 applies to the reconfiguration and either—
(i)  no part of the lot to be reconfigured is in an SEQ development area; or
(ii)  all or part of the lot to be reconfigured is in an SEQ development area, but the reconfiguration is an exempt subdivision; or
(b)  impact assessment is not required for the reconfiguration
Impact assessment, if—
(a)  a local categorising instrument requires impact assessment for the reconfiguration and schedule 12 does not apply to the reconfiguration; or
(b)  all or part of the lot to be reconfigured is in an SEQ development area and the reconfiguration is a subdivision other than an exempt subdivision

2  Assessment benchmarks

For reconfiguring a lot that schedule 12 applies to and that requires code assessment—the assessment benchmarks prescribed in schedule 12 for the development

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Part 15 SEQ development area

pt hdg sub 2017 SL No. 141s 12(2)

Division 1 Reconfiguring a lot—referral agency’s assessment

pt 15 div 1 sub 2017 SL No. 141s 12(2)

Table 1—Reconfiguring a lot in SEQ development area

Column 1

Column 2

1  Development application requiring referral

Development application for reconfiguring a lot that is completely or partly in an SEQ development area, if—

(a)  the reconfiguration is assessable development under section 21 and requires impact assessment; and
(b)  the reconfiguration is a subdivision other than an exempt subdivision

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the development is consistent with the future planning intent for the area in which the premises are locatedNote—

See also section 41 .

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$1,564.00

Division 2 Material change of use

div hdg sub 2017 SL No. 141s 12(2)

Subdivision 1 Assessable development

sdiv hdg ins 2017 SL No. 141s 12(2)

22Assessable development—material change of use in SEQ development area

(1)A material change of use of premises that are completely or partly in an SEQ development area is assessable development.
(2)However, subsection (1) does not apply if—
(a)all of the following apply—
(i)the material change of use is accepted development, or assessable development requiring code assessment, under a local categorising instrument;
(ii)the use results in a gross floor area of not more than 10,000m2;
(iii)the premises have an area of not more than 10,000m2; or
(b)the material change of use is for—
(i)a dwelling house; or
(ii)a dwelling unit; or
(iii)a dual occupancy, if both dwellings are on a single lot; or
(iv)caretaker’s accommodation; or
(c)the material change of use is excluded development.

s 22 sub 2017 SL No. 141s 12(2)

Subdivision 2 Assessment by assessment manager

pt 15 div 2 sdiv 2 ins 2017 SL No. 141s 12(2)

Table 1—Assessable development under s 22

Column 1

Column 2

1  Category of assessment

Impact assessment

2  Assessment benchmarks

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Subdivision 3 Referral agency’s assessment

pt 15 div 2 sdiv 3 ins 2017 SL No. 141s 12(2)

Table 1—Assessable development under s 22

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises that is assessable development under section 22

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

Whether the development is consistent with the future planning intent for the area in which the premises are locatedNote—

See also section 41 .

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral—

(a)  if the material change of use involves reconfiguring a lot for which the chief executive is a referral agency under division 1 , table 1, item 1, column 2

Nil

(b)  otherwise

$1,564.00

Part 16 SEQ regional landscape and rural production area and SEQ rural living area

pt hdg sub 2017 SL No. 141s 12(2)

Division 1 Reconfiguring a lot

div hdg sub 2017 SL No. 141s 12(2)

23Prohibited development—reconfiguring a lot in SEQ regional landscape and rural production area

(1)Reconfiguring a lot is prohibited development to the extent the lot is in the SEQ regional landscape and rural production area, if the reconfiguration—
(a)is a subdivision; and
(b)is assessable development under section 21 .
(2)However, subsection (1) does not apply if—
(a)the reconfiguration is an exempt subdivision; or
(b)the lot is in an SEQ rural subdivision precinct and the reconfiguration is consistent with the purpose statement, and minimum lot size, for the zone applying to the lot under a local planning instrument; or
(c)each lot created by the reconfiguration is at least 100ha; or
(d)the lot is in an area identified in a gazette notice by the Minister as having a rural residential purpose and an application for the reconfiguration was properly made under the old Act or the repealed IPA on or before 6 December 2010.
(3)In this section—
SEQ rural subdivision precinct means an area in the SEQ region identified in a gazette notice by the Minister as a rural subdivision precinct.

s 23 sub 2017 SL No. 141s 12(2)

Division 2 Tourist or sport and recreation activity

div hdg sub 2017 SL No. 141s 12(2)

Subdivision 1 Assessable development

sdiv hdg sub 2017 SL No. 141s 12(2)

24Assessable development—material change of use for tourist activity or sport and recreation activity

A material change of use of premises for a tourist activity or sport and recreation activity is assessable development if—
(a)all or part of the premises are in—
(i)the SEQ regional landscape and rural production area; or
(ii)the SEQ rural living area; and
(b)the use—
(i)results in a gross floor area of more than 5,000m2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or
(ii)involves an ancillary commercial or retail activity with a gross floor area of more than 250m2; or
(iii)provides accommodation for more than 300 persons; and
(c)the material change of use is not—
(i)excluded development; or
(ii)an exempt material change of use.

s 24 sub 2017 SL No. 141s 12(2)

Subdivision 2 Assessment by assessment manager

pt 16 div 2 sdiv 2 sub 2017 SL No. 141s 12(2)

Table 1—Assessable development under s 24

Column 1

Column 2

1  Category of assessment

Impact assessment

2  Assessment benchmarks

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Subdivision 3 Referral agency’s assessment

pt 16 div 2 sdiv 3 ins 2017 SL No. 141s 12(2)

Table 1—Assessable development under s 24

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises that is assessable development under section 24

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

(a)  There is a community and economic need for the use

(b)  When the use starts—

(i)  the premises will have direct access to transport infrastructure that is reasonably required for, and adequate to service, the use; and

(ii)  the premises will be serviced by infrastructure (including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use; and

(iii)  a workforce suitable for the carrying out of the use will be able to be sourced from the surrounding area
 

(c)  The provision of the infrastructure mentioned in paragraph (b)(i) and (ii) is practical and economically feasible having regard to the location and characteristics of the premises
 

(d)  The use is compatible with the physical characteristics of the premises
 

(e)  The use is compatible with the use of other premises in the surrounding area
 

(f)  The material change of use avoids adversely impacting on a matter or thing stated in the SEQ regional plan, table 11b or, if the adverse impact can not be avoided, the adverse impact is minimised
 

(g)  The material change of use avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides
 

(h)  If the material change of use can not avoid an area mentioned in paragraph (g), the material change of use minimises the risk of serious harm mentioned in that paragraph
 

(i)  The material change of use does not involve a residential use other than tourist accommodation or accommodation for employees
 

(j)  Any commercial, industrial or retail activity carried out as part of the use is ancillary to the use
 

(k)  The material change of use is consistent with the SEQ regional plan, including the goals, elements and strategies stated in the plan

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$1,564.00

Division 3 Community activity

div hdg sub 2017 SL No. 141s 12(2)

Subdivision 1 Prohibited development

sdiv hdg sub 2017 SL No. 141s 12(2)

25Prohibited development—material change of use for residential care facility

A material change of use of premises for a residential care facility is prohibited development if—
(a)all or part of the premises are in—
(i)the SEQ regional landscape and rural production area; or
(ii)the SEQ rural living area; and
(b)the use results in a gross floor area of more than 5,000m2 on the premises; and
(c)the material change of use is not excluded development.

s 25 sub 2017 SL No. 141s 12(2)

Subdivision 2 Assessable development

sdiv hdg sub 2017 SL No. 141s 12(2)

26Assessable development—material change of use for residential care facility

A material change of use of premises for a residential care facility is assessable development if—
(a)all or part of the premises are in—
(i)the SEQ regional landscape and rural production area; or
(ii)the SEQ rural living area; and
(b)the use results in a gross floor area of not more than 5,000m2 on the premises; and
(c)the material change of use is not excluded development.

s 26 sub 2017 SL No. 141s 12(2)

27Assessable development—material change of use for another community activity

A material change of use of premises for a community activity, other than a residential care facility, is assessable development if—
(a)all or part of the premises are in—
(i)the SEQ regional landscape and rural production area; or
(ii)the SEQ rural living area; and
(b)the use—
(i)results in a gross floor area of more than 5,000m2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or
(ii)involves an ancillary commercial or retail activity with a gross floor area of more than 250m2; or
(iii)provides accommodation for more than 300 persons; and
(c)the material change of use is not—
(i)excluded development; or
(ii)an exempt material change of use.

s 27 sub 2017 SL No. 141s 12(2)

Subdivision 3 Assessment by assessment manager

pt 16 div 3 sdiv 3 sub 2017 SL No. 141s 12(2)

Table 1—Assessable development under s 26 or 27

Column 1

Column 2

1  Category of assessment

Impact assessment

2  Assessment benchmarks

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Subdivision 4 Referral agency’s assessment

pt 16 div 3 sdiv 4 ins 2017 SL No. 141s 12(2)

Table 1—Assessable development under s 26 or 27

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises that is assessable development under section 26 or 27

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

(a)  There is a community and economic need for the use

(b)  When the use starts—

(i)  the premises will have direct access to transport infrastructure that is reasonably required for, and adequate to service, the use; and

(ii)  the premises will be serviced by infrastructure (including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use; and

(iii)  a workforce suitable for the carrying out of the use will be able to be sourced from the surrounding area
 

(c)  The provision of the infrastructure mentioned in paragraph (b)(i) and (ii) is practical and economically feasible having regard to the location and characteristics of the premises
 

(d)  The use is compatible with the physical characteristics of the premises
 

(e)  The use is compatible with the use of other premises in the surrounding area
 

(f)  The material change of use avoids adversely impacting on a matter or thing stated in the SEQ regional plan, table 11b or, if the adverse impact can not be avoided, the adverse impact is minimised
 

(g)  The material change of use avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides
 

(h)  If the material change of use can not avoid an area mentioned in paragraph (g), the material change of use minimises the risk of serious harm mentioned in that paragraph
 

(i)  The material change of use does not involve residential development
 

(j)  Any commercial, industrial or retail activity carried out as part of the use is ancillary to the use
 

(k)  The material change of use is consistent with the SEQ regional plan, including the goals, elements and strategies stated in the plan
 

(l)  If the material change of use is for a residential care facility—the locational requirements or environmental impacts of the material change of use require it to be outside the SEQ urban footprintNote—See also section 41A .

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$1,564.00

Division 4 Indoor recreation

div hdg sub 2017 SL No. 141s 12(2)

Subdivision 1 Assessable development

sdiv hdg sub 2017 SL No. 141s 12(2)

27AAssessable development—material change of use for indoor recreation

A material change of use of premises for indoor recreation is assessable development if—
(a)all or part of the premises are in—
(i)the SEQ regional landscape and rural production area; or
(ii)the SEQ rural living area; and
(b)the use—
(i)results in a gross floor area of more than 3,000m2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or
(ii)involves more than 250 persons, including employees, being on the premises at any time; or
(iii)provides accommodation for more than 100 persons; and
(c)the material change of use is not—
(i)excluded development; or
(ii)an exempt material change of use.

s 27A ins 2017 SL No. 141s 12(2)

Subdivision 2 Assessment by assessment manager

pt 16 div 4 sdiv 2 sub 2017 SL No. 141s 12(2)

Table 1—Assessable development under s 27A

Column 1

Column 2

1  Category of assessment

Impact assessment

2  Assessment benchmarks

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Subdivision 3 Referral agency’s assessment

pt 16 div 4 sdiv 3 sub 2017 SL No. 141s 12(2)

Table 1—Assessable development under s 27A

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises that is assessable development under section 27A

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

(a)  When the use starts, the premises—
(i)  will have direct access to transport infrastructure that is reasonably required for, and adequate to service, the use; and

(ii)  will be serviced by infrastructure (including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use
 

(b)  The provision of the infrastructure mentioned in paragraph (a)(i) and (ii) is practical and economically feasible having regard to the location and characteristics of the premises
 

(c)  The use is compatible with the physical characteristics of the premises
 

(d)  The use is compatible with the use of other premises in the surrounding area
 

(e)  The material change of use avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides
 

(f)  If the material change of use can not avoid an area mentioned in paragraph (e), the material change of use minimises the risk of serious harm mentioned in that paragraph
 

(g)  The material change of use is consistent with the SEQ regional plan, including the goals, elements and strategies stated in the plan
 

(h)  The locational requirements or environmental impacts of the material change of use require it to be outside the SEQ urban footprintNote—See also section 41A .
 

(i)  There is an overriding need, in the public interest, for the material change of use to be carried out
Note—

See also section 41B .

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$1,564.00

Division 5 Residential development

div hdg sub 2017 SL No. 141s 12(2)

pt 16 div 5 sdiv 1 hdg om 2017 SL No. 141s 12(2)

pt 16 div 5 sdiv 2 hdg om 2017 SL No. 141s 12(2)

pt 16 div 5 sdiv 3 hdg om 2017 SL No. 141s 12(2)

27BProhibited development—material change of use for residential development

(1)A material change of use of premises for a residential development is prohibited development to the extent the premises are in—
(a)the SEQ regional landscape and rural production area; or
(b)the SEQ rural living area.
(2)However, subsection (1) does not apply if the material change of use is—
(a)excluded development; or
(b)an exempt material change of use.

s 27B ins 2017 SL No. 141s 12(2)

Division 6 Urban activity

div hdg sub 2017 SL No. 141s 12(2)

Subdivision 1 Prohibited development

sdiv hdg sub 2017 SL No. 141s 12(2)

27CProhibited development—material change of use for shopping centre

(1)A material change of use of premises for a shopping centre is prohibited development to the extent the premises are in—
(a)the SEQ regional landscape and rural production area; or
(b)the SEQ rural living area.
(2)However, subsection (1) does not apply if the material change of use is excluded development.

s 27C ins 2017 SL No. 141s 12(2)

Subdivision 2 Assessable development

sdiv hdg sub 2017 SL No. 141s 12(2)

27DAssessable development—material change of use for biotechnology industry

A material change of use of premises for a biotechnology industry is assessable development if—
(a)all or part of the premises are in—
(i)the SEQ regional landscape and rural production area; or
(ii)the SEQ rural living area; and
(b)either—
(i)the use results in a gross floor area of more than 800m2 on the premises; or
(ii)the total area of all outdoor areas on the premises associated with the use is more than 1,500m2; and
(c)the material change of use is not—
(i)excluded development; or
(ii)an exempt material change of use.

s 27D ins 2017 SL No. 141s 12(2)

27EAssessable development—material change of use for service station

(1)This section applies to a material change of use of premises for a service station if—
(a)all or part of the premises are in—
(i)the SEQ regional landscape and rural production area; or
(ii)the SEQ rural living area; and
(b)the material change of use is not—
(i)excluded development; or
(ii)an exempt material change of use.
(2)The material change of use is assessable development if—
(a)the premises are within 25m of a State-controlled road; and
(b)the use results in a gross floor area of more than 1,250m2 on the premises, excluding any part of the premises that is a bathroom facility, or rest area, for the exclusive use of drivers of heavy vehicles; and
(c)the total area of all outdoor areas on the premises associated with the use is more than 2,000m2, excluding any outdoor area that is used exclusively for—
(i)a rest area; or
(ii)the manoeuvring of vehicles; or
(iii)the parking of vehicles for no more than 20 hours; or
(iv)another activity that is necessary for the carrying out of the use.
(3)Also, the material change of use is assessable development if—
(a)the premises are more than 25m from a State-controlled road; and
(b)either—
(i)the use results in a gross floor area of more than 1,250m2 on the premises; or
(ii)the total area of all outdoor areas on the premises associated with the use is more than 2,000m2.

s 27E ins 2017 SL No. 141s 12(2)

27FAssessable development—material change of use for another urban activity

A material change of use of premises for an urban activity, other than a biotechnology industry or service station, is assessable development if—
(a)all or part of the premises are in—
(i)the SEQ regional landscape and rural production area; or
(ii)the SEQ rural living area; and
(b)either—
(i)the use results in a gross floor area of more than 800m2 on the premises; or
(ii)the total area of all outdoor areas on the premises associated with the use is more than 1,500m2; and
(c)the material change of use is not—
(i)excluded development; or
(ii)an exempt material change of use.

s 27F ins 2017 SL No. 141s 12(2)

Subdivision 3 Assessment by assessment manager

pt 16 div 6 sdiv 3 sub 2017 SL No. 141s 12(2)

Table 1—Assessable development under ss 27D–27F

Column 1

Column 2

1  Category of assessment

Impact assessment

2  Assessment benchmarks

3  Matters code assessment must have regard to

4  Matters impact assessment must have regard to

Subdivision 4 Referral agency’s assessment

pt 16 div 6 sdiv 4 ins 2017 SL No. 141s 12(2)

Table 1—Assessable development under s 27D

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises that is assessable development under section 27D

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

(a)  There is a community and economic need for the use

(b)  When the use starts—

(i)  the premises will have direct access to transport infrastructure that is reasonably required for, and adequate to service, the use; and

(ii)  the premises will be serviced by infrastructure (including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use; and

(iii)  a workforce suitable for the carrying out of the use will be able to be sourced from the surrounding area
 

(c)  The provision of the infrastructure mentioned in paragraph (b)(i) and (ii) is practical and economically feasible having regard to the location and characteristics of the premises
 

(d)  The use is compatible with the physical characteristics of the premises
 

(e)  The use is compatible with the use of other premises in the surrounding area
 

(f)  The material change of use avoids adversely impacting on a matter or thing stated in the SEQ regional plan, table 11b or, if the adverse impact can not be avoided, the adverse impact is minimised
 

(g)  The material change of use avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides
 

(h)  If the material change of use can not avoid an area mentioned in paragraph (g), the material change of use minimises the risk of serious harm mentioned in that paragraph
 

(i)  The material change of use does not involve a residential use other than tourist accommodation or accommodation for employees
 

(j)  Any commercial, industrial or retail activity carried out as part of the use is ancillary to the use
 

(k)  The material change of use is consistent with the SEQ regional plan, including the goals, elements and strategies stated in the plan
 

(l)  The locational requirements or environmental impacts of the material change of use require it to be outside the SEQ urban footprintNote—See also section 41A .

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

$1,564.00

Table 2—Assessable development under s 27E or 27F

Column 1

Column 2

1  Development application requiring referral

Development application for a material change of use of premises that is assessable development under section 27E or 27F

2  Referral agency

The chief executive

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

(a)  When the use starts, the premises—
(i)  will have direct access to transport infrastructure that is reasonably required for, and adequate to service, the use; and

(ii)  will be serviced by infrastructure (including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use
 

(b)  The provision of the infrastructure mentioned in paragraph (a)(i) and (ii) is practical and economically feasible having regard to the location and characteristics of the premises
 

(c)  The use is compatible with the physical characteristics of the premises
 

(d)  The use is compatible with the use of other premises in the surrounding area
 

(e)  The material change of use avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides
 

(f)  If the material change of use can not avoid an area mentioned in paragraph (e), the material change of use minimises the risk of serious harm mentioned in that paragraph
 

(g)  The material change of use is consistent with the SEQ regional plan, including the goals, elements and strategies stated in the plan
 

(h)  The locational requirements or environmental impacts of the material change of use require it to be outside the SEQ urban footprintNote—See also section 41A .
 

(i)  There is an overriding need, in the public interest, for the material change of use to be carried outNote—See also section 41B .