Planning Regulation 2017

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.

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.

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(a)a local planning instrument made under the repealed IPA; or

(b)a TLPI made for all or part of a local government area, if a planning scheme made under the repealed IPA applies to the area.

Note—

See also subdivision 1A for the application of particular regulated requirements to particular local planning instruments in force immediately before the commencement of that subdivision.

s 5 amd 2019 SL No. 215 s 3

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.

pt 2 div 2 sdiv 1A hdg ins 2019 SL No. 215 s 4

9Application of subdivision

(1)This subdivision applies in relation to a local planning instrument, in force immediately before the commencement, made under the old Act.

(2)However, this subdivision does not apply in relation to—

(a)a local planning instrument made under the repealed IPA; or

(b)a TLPI made for all or part of a local government area if a planning scheme made under the repealed IPA applies to the area.

s 9 prev s 9 om 2018 SL No. 91 s 4

pres s 9 ins 2019 SL No. 215 s 4

9ALocal planning instruments that include land in high technology industry zone

(1)This section applies if the local planning instrument includes land in a zone called a high technology industry zone.

(2)For section 6, the land is taken to be included in the research and technology industry zone stated in schedule 2.

s 9A ins 2019 SL No. 215 s 4

9BLocal planning instruments using particular use terms

(1)This section applies if the local planning instrument—

(a)adopts any of the following use terms stated in schedule 3, column 1—

(i)high impact industry:

(ii)low impact industry;

(iii)medium impact industry;

(iv)special industry; and

(b)does not include the definition of the term stated opposite the term in schedule 3, column 2.

(2)Despite section 7(2), it is not a regulated requirement for the local planning instrument that it include the definition of the term stated opposite the term in schedule 3, column 2.

(3)If the local planning instrument includes another definition of the term, the term has the meaning given in that definition.

s 9B ins 2019 SL No. 215 s 4

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

For section 17(7) of the Act, the Minister’s guidelines and rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website.

s 10 amd 2020 SL No. 197 s 8; 2023 SL No. 92 s 3; 2024 SL No. 123 s 8

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.

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 2024 and published on the department’s website.

s 14 amd 2020 SL No. 197 s 9; 2023 SL No. 92 s 4; 2024 SL No. 123 s 9

15Designation process rules—Act, s 37

For section 37(7) of the Act, definition designation process rules, the designation process rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website.

s 15 amd 2020 SL No. 197 s 10; 2023 SL No. 92 s 5; 2024 SL No. 123 s 10

pt 3 div 1 hdg ins 2024 SL No. 136 s 7

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

(1)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.

(2)The following provisions expire on the day that is 3 years after the day this subsection commences—

(a)this subsection;

(b)schedule 6, section 2(4) and (5);

(c)schedule 6, section 2(7), definition landscaping;

(d)schedule 6, section 2, note.

(3)This subsection and the following provisions expire on the day that is 3 years after the day this subsection commences—

(a)schedule 6, section 7C;

(b)schedule 6, section 33.

(4)This subsection and schedule 6, section 34 expire on the day that is 4 years after the day this subsection commences.

s 16 amd 2022 SL No. 182 s 3; 2022 SL No. 195 s 3; 2024 SL No. 248 s 3

(2) exp 2 December 2025 (see s 16(2)(a))

(3) exp 16 December 2025 (see s 16(3))

(4) exp 16 December 2026 (see s 16(4))

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

(1)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)an assessment benchmark stated in schedule 11 or 12A;

(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 Queensland Heritage Regulation 2015, schedule 2;

(f)an assessment benchmark stated in the regional plan for a region to which the local categorising instrument applies;

(g)an assessment benchmark stated in the Caboolture West interim structure plan for the Caboolture West growth area.

Note—

For particular assessment benchmarks a local planning instrument may not, in its effect, be inconsistent with for a material change of use for a home-based business, see also section 17A.

(2)However, subsection (1)(g) applies only to the extent the local categorising instrument applies to the Caboolture West growth area.

s 17 amd 2017 SL No. 103 s 89; 2017 SL No. 141 s 3; 2017 SL No. 138 s 18; 2020 SL No. 162 s 4; 2023 SL No. 13 s 4; 2024 SL No. 136 s 8

pt 3 div 2 hdg ins 2024 SL No. 136 s 9

17AMaterial change of use for home-based business if assessable development

(1)This section applies if, under a local planning instrument, a material change of use of premises for a home-based business is assessable development.

(2)If, under the local planning instrument, the category of assessment for the material change of use is impact assessment, the category of assessment for the material change of use is code assessment.

(3)The code assessment for the material change of use must be carried out against the following assessment benchmarks—

(a)whether no more than 2 persons work on the premises in the home-based business at a time;

(b)whether no more than 2 visitors attend the home-based business on the premises at a time;

(c)the assessment benchmarks in a local planning instrument applying to the premises.

(4)For section 43(5)(c) of the Act, a local planning instrument may not, in its effect, be inconsistent with an assessment benchmark stated in subsection (3)(a) or (b).

(5)However, a local planning instrument is, in its effect, inconsistent with an assessment benchmark stated in subsection (3)(a) or (b) only if the local planning instrument includes an assessment benchmark that relates to—

(a)for subsection (3)(a)—whether no more than 1 person works on the premises in the home-based business at a time; or

(b)for subsection (3)(b)—whether no more than 1 visitor attends the home-based business on the premises at a time.

s 17A ins 2024 SL No. 136 s 9

18Accepted development—Act, s 44

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

(2)This subsection and schedule 7, section 14 expire on the day that is 3 years after the day this subsection commences.

s 18 amd 2022 SL No. 195 s 4

(2) exp 16 December 2025 (see s 18(2))

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.

20AWhen particular development for rural workers’ initiative is not assessable development

(1)This section applies to development, other than reconfiguring a lot, that—

(a)is stated in schedule 9 or 10 to be assessable development; and

(b)would, but for subsection (2), be assessable development under section 20(1).

(2)Despite section 20(1), the development is not assessable development under that section to the extent the development is accepted development under schedule 7, section 14.

(3)This section expires on the day that is 3 years after the day this section commences.

s 20A prev s 20A ins 2021 SL No. 50 s 3

amd 2021 SL No. 140 s 258

exp 30 April 2022 (see s 20A(3))

pres s 20A ins 2022 SL No. 195 s 5

exp 16 December 2025 (see s 20A(3))

20BCategory of assessment for development for particular infrastructure under Corrective Services Act 2006

(1)This section applies to development that—

(a)is stated in schedule 9 or 10 to be assessable development; and

(b)would, but for subsection (2), require impact assessment under section 20(2).

(2)Despite section 20(2), to the extent the development is development mentioned in schedule 6, section 36, the category of assessment required for the development is code assessment.

s 20B prev s 20B ins 2021 SL No. 139 s 3

om 2022 SL No. 195 s 6

pres s 20B ins 2024 Act No. 24 s 30

21Assessment manager for development applications—Act, s 48

(1)This section prescribes, for section 48(1) 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. 141 s 15; 2017 SL No. 201 s 3; 2019 Act No. 11 s 231 sch 1 pt 1

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.

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.

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. 141 s 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. 141 s 5

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. 141 s 6

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)(iii). The required fee that is payable to the chief executive as assessment manager is 24,004 fee units.

(2)However, this section is subject to sections 35 to 38.

s 33 amd 2018 SL No. 56 s 7; 2018 SL No. 91 s 5; 2019 SL No. 104 s 4; 2020 SL No. 163 s 3; 2021 SL No. 78 s 4; 2022 SL No. 75 s 4

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)(iii). The required fee that is payable to the chief executive as referral agency is 11,145 fee units.

(2)However, this section is subject to sections 35 to 38.

s 34 amd 2018 SL No. 56 s 8; 2018 SL No. 91 s 6; 2019 SL No. 104 s 5; 2020 SL No. 163 s 4; 2021 SL No. 78 s 5; 2022 SL No. 75 s 5

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 13,715 fee units.

(2)The total of the fee payable to the assessment manager or referral agency for the aspects is 13,715 fee units.

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)(ii), (b)(iii) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is 13,715 fee units.

(3)However, this section is subject to sections 37 and 38.

s 35 amd 2018 SL No. 56 s 9; 2018 SL No. 91 s 7; 2019 SL No. 104 s 6; 2020 SL No. 163 s 5; 2021 SL No. 78 s 6; 2022 SL No. 75 s 6

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 13,715 fee units.

(2)The total of the fee payable to the assessment manager or referral agency for the aspects is 13,715 fee units.

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 13,715 fee units.

(3)However, this section is subject to sections 37 and 38.

s 36 amd 2018 SL No. 91 s 8; 2019 SL No. 104 s 7; 2020 SL No. 163 s 6; 2021 SL No. 78 s 7; 2022 SL No. 75 s 7

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 1,714 fee units.

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 1,714 fee units.

(3)However, this section is subject to sections 37 and 38.

s 36A ins 2017 SL No. 141 s 7

amd 2018 SL No. 91 s 9; 2019 SL No. 104 s 8; 2020 SL No. 163 s 7; 2021 SL No. 78 s 8; 2022 SL No. 75 s 8

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 856 fee units.

(2)The fee payable to the assessment manager or referral agency for the aspect is 856 fee units.

(3)However, this section is subject to section 38.

s 37 amd 2018 SL No. 91 s 10; 2019 SL No. 104 s 9; 2020 SL No. 163 s 8; 2021 SL No. 78 s 9; 2022 SL No. 75 s 9

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(c), the required fee payable to the assessment manager for the application, which would, other than for this section, be 13,715 fee units, is 6,858 fee units.

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(c) that is fast-track development, the required fee payable to the assessment manager for the application, which would other than for this section be 856 fee units, is 428 fee units.

s 38 amd 2018 SL No. 56 s 10; 2018 SL No. 91 s 11; 2019 SL No. 104 s 10; 2020 SL No. 163 s 9; 2021 SL No. 78 s 10; 2022 SL No. 75 s 10

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

(1)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) of the Act, the required fee for making an extension application to the chief executive as the assessment manager.

(2)Subsection (1)(a) does not apply in relation to the making of a change application to change a development approval given or changed by the chief executive under chapter 3, part 6A of the Act.

s 39 amd 2020 SL No. 163 s 10; 2024 SL No. 123 s 11

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.

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 outcomes and strategies, and subregional directions, 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. 141 s 8

amd 2023 SL No. 195 s 4

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. 141 s 8

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

(1)This section applies if, under schedule 10, part 16 or 16B, 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 on the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan; and

(ii)the desirability of achieving the outcomes and strategies, and subregional directions, stated in the SEQ regional plan, particularly the outcomes 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. 141 s 8

amd 2023 SL No. 195 s 5

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.

43ADevelopment condition relating to provision of affordable housing component—Act, s 65A

For section 65A(1) of the Act, a development condition imposed on a development approval mentioned in the section may relate to the provision of an affordable housing component on the premises the subject of the approval if the condition—

(a)states the period the component must be maintained as an affordable housing component; and

(b)includes a detailed description of the affordable housing component, including, for example—

(i)the number of dwellings to be provided as part of the component; and

(ii)the gross floor area of each building to be provided as part of the component; and

(iii)the premises to which the condition relates.

s 43A ins 2024 SL No. 123 s 12

43BCriteria for application proposing affordable housing component—Act, s 65A

For section 65A(1)(b)(ii) of the Act, an application that proposes the provision of an affordable housing component must include information that demonstrates the component—

(a)is of a type mentioned in—

(i)section 43C(1)(a); or

(ii)if a local planning instrument for the development includes the administrative term affordable housing component stated in schedule 4, column 1—section 43C(1); and

(b)can be provided; and

(c)can be maintained as an affordable housing component for a stated period.

s 43B ins 2024 SL No. 123 s 12

43CCriteria for affordable housing component—Act, s 65A

(1)For section 65A(3) of the Act, definition affordable housing component, paragraph (b), the component of development must include 1 or more of the following—

(a)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;

(b)housing provided by a registered provider for residential use;

(c)housing provided as part of a program, funded by any of the following entities, to support the provision of housing that is affordable—

(i)a public sector entity under the Public Sector Act 2022, section 8;

(ii)a local government;

(iii)the State;

(iv)the Commonwealth;

(d)housing that is sold for an amount that is less than the first home concession limit due to the type, composition, method of construction, size or level of finish of the housing;

(e)housing that is rented at or below a value that is affordable for households with low to moderate incomes due to the type, composition, method of construction, size or level of finish of the housing.

(2)In this section—

first home concession limit means the highest amount mentioned in the Duties Act 2001, schedule 4A, column 1 (dutiable value of residential land) in relation to which a concession amount relating to transfer duty is applicable under column 2 of that schedule.

s 43C ins 2024 SL No. 123 s 12

44Development assessment rules—Act, ss 68 and 69

(1)For sections 68(6) 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 22 July 2024.

(2)For section 69(8) of the Act, the amendment of the development assessment rules was published on the department’s website on 22 July 2024.

s 44 sub 2017 SL No. 141 s 16

amd 2019 SL No. 243 s 3; 2020 SL No. 197 s 11; 2024 SL No. 123 s 13

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)The process for assessing and deciding the application restarts from the point in the process at which it stopped under subsection (2)—

(a)if the Minister gives a notice under section 51 in relation to the application—on the day the notice is given; or

(b)if the Minister does not give a call in notice under section 103 of the Act, or a notice under section 51, in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.

s 48 amd 2024 SL No. 123 s 14

49Effect of proposed call in notice on appeal period

(1)This section applies in relation to an application, other than a cancellation application, if a proposed call in notice is given for the application after the decision-maker for the application decides the application.

(2)The appeal period relating to the decision-maker’s decision on the application is taken to have started again—

(a)if the Minister gives a notice under section 51 in relation to the application—on the day after the notice is given; or

(b)if the Minister does not give a call in notice under section 103 of the Act, or a notice under section 51, in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.

s 49 sub 2024 SL No. 123 s 15

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.

pt 5A hdg ins 2024 SL No. 123 s 16

pt 5A div 1 hdg ins 2024 SL No. 123 s 16

51ACriteria for declaring application for State facilitated development—Act, s 106D

(1)For section 106D(2)(b) of the Act, the following criteria are prescribed—

(a)the development the subject of the relevant application must—

(i)be for predominantly residential development; and

(ii)include an affordable housing component that equates to at least 15% of all dwellings resulting from the development;

(b)the affordable housing component must provide—

(i)a diverse mix of dwelling types; or

(ii)diversity in the number of bedrooms contained in dwellings;

(c)the application must comply with either of the following—

(i)the premises the subject of the application are completely within a zone supporting residential development;

(ii)the premises the subject of the application are not within an environmental zone or a limited development zone, and the Minister is satisfied the premises are or can be readily serviced by infrastructure for the development.

(2)In this section—

environmental zone means—

(a)any of the following zones stated in schedule 2—

(i)environmental management and conservation zone;

(ii)conservation zone;

(iii)environmental management zone; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in paragraph (a).

limited development zone means—

(a)the limited development zone stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in paragraph (a).

zone supporting residential development means—

(a)any of the following zones stated in schedule 2—

(i)general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone;

(ii)centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;

(iii)mixed use zone;

(iv)specialised centre zone; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in paragraph (a).

s 51A ins 2024 SL No. 123 s 16

pt 5A div 2 hdg ins 2024 SL No. 123 s 16

51BPurpose of division

This division prescribes, for section 106P of the Act, matters for chapter 3, part 6A of the Act.

s 51B ins 2024 SL No. 123 s 16

51CEffect of notice of proposed declaration on process for assessing and deciding application

(1)This section applies if—

(a)the Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and

(b)the notice is given before the decision-maker for the relevant application decides the application.

(2)The process for assessing and deciding the relevant application stops on the day the notice is given.

(3)The process for assessing and deciding the relevant application restarts from the point in the process at which it stopped under subsection (2)—

(a)if the Minister gives a notice under section 51E in relation to the application—on the day the notice is given; or

(b)if the Minister does not make a declaration under section 106D of the Act, or give a notice under section 51E, in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.

s 51C ins 2024 SL No. 123 s 16

51DEffect of notice of proposed declaration on appeal period

(1)This section applies if—

(a)the Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and

(b)the notice is given after the decision-maker for the relevant application decides the application.

(2)The appeal period relating to the decision-maker’s decision on the relevant application is taken to have started again—

(a)if the Minister gives a notice under section 51E in relation to the application—on the day after the notice is given; or

(b)if the Minister does not make a declaration under section 106D of the Act, or give a notice under section 51E, in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.

s 51D ins 2024 SL No. 123 s 16

51ENotice of decision not to make declaration

(1)This section applies if the Minister—

(a)gives notice under section 106C of the Act of the proposed declaration of a relevant application as an application for State facilitated development; and

(b)decides not to make the declaration.

(2)The Minister must give notice of the decision to each entity to whom the notice of the proposed declaration was given.

(3)The notice must be given within 10 business days after the day the representation period for the proposed declaration ends.

(4)Subsection (5) applies if—

(a)the relevant application is a development application or a change application; and

(b)the notice of the proposed declaration was given before the decision-maker for the application decided the application.

(5)The notice under subsection (2) must state that the process for assessing and deciding the relevant application restarts from the point in the process at which the process stopped because of the giving of the notice of the proposed declaration.

s 51E ins 2024 SL No. 123 s 16

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 2024 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.

s 53 amd 2020 SL No. 197 s 12; 2023 SL No. 92 s 6; 2024 SL No. 123 s 17

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 2018;

(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 or 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.

s 54 amd 2019 SL No. 42 s 128 sch 11

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

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

(2)A reference in schedule 17, item 6, 11 or 16 to an appeal about a decision under the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about a decision under the repealed Plumbing and Drainage Act 2002, part 4 or 5.

(3)A reference in schedule 17, item 18 to an appeal about an enforcement notice given in relation to a matter relating to the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about an enforcement notice given in relation to a matter relating to the repealed Plumbing and Drainage Act 2002.

s 56 amd 2019 SL No. 104 s 11

pt 8 div 1 sdiv 1 hdg om 2024 SL No. 123 s 27

pt 8 div 1 sdiv 2 hdg om 2024 SL No. 123 s 28

pt 8 div 1 sdiv 3 hdg om 2024 SL No. 123 s 34

58Application and purpose of division

This division—

(a)applies to an application under section 267 of the Act to register, or renew the registration of, premises; and

(b)prescribes, for section 275 of the Act, matters for chapter 7, part 4 of the Act relating to the application.

s 58 sub 2024 SL No. 123 s 29

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)for an application to register premises—details of all public consultation carried out by, or for, the applicant about the proposed registration, including—

(i)a copy of the notice given under section 268C(2)(a)(i) of the Act; and

(ii)details of the period for which the consultation was carried out; and

(iii)copies of any submissions received from the owners and occupiers of premises within the mapped area; 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.

s 59 amd 2024 SL No. 123 s 30

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)Also, if the application is an application to register premises, the Minister must assess the application having regard to the outcomes of the public consultation about the application.

s 62 amd 2024 SL No. 123 s 32

63Content of notices about registration or renewal

(1)This section applies if the Minister decides, under section 267 of the Act, to register premises 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; and

(d)state the effect of section 274 of the Act.

s 63 amd 2024 SL No. 123 s 33

pt 8 div 2 hdg amd 2024 SL No. 123 s 35

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.

pt 8 div 2A hdg ins 2024 SL No. 123 s 36

67A Application and purpose of division

This division—

(a)applies to an application under section 268A of the Act to amend the registration of registered premises to include additional land in the affected area for the premises; and

(b)prescribes, for section 275 of the Act, matters for chapter 7, part 4 of the Act relating to the application.

s 67A ins 2024 SL No. 123 s 36

67BRequirements for application to amend registration to include additional land in affected area

(1)The application must include—

(a)a map that shows—

(i)the additional land proposed to be included in the affected area for the registered premises; and

(ii)a lot on plan description of the additional land; and

(b)details of any intensification of development, or proposed development, within the additional land that is encroaching, or is likely to encroach, on the registered premises; and

(c)a statement about the nature of development proposed for the additional land under a local categorising instrument or regional plan applying to the land; and

(d)details of all public consultation carried out by, or for, the applicant about the proposed amendment, including—

(i)a copy of the notice given under section 268C(2)(a)(ii) of the Act; and

(ii)details of the period for which the consultation was carried out; and

(iii)copies of any submissions received from the owners and occupiers of premises within the additional land; and

(e)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 registered premises; and

(f)details of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the registered premises; and

(g)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 registered premises; and

(h)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 registered premises; and

(b)any authority under the Environmental Protection Act applying to the activity.

s 67B ins 2024 SL No. 123 s 36

67CMinister 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 day 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.

s 67C ins 2024 SL No. 123 s 36

67DAssessing application to amend registration to include additional land

(1)The Minister must assess the application against whether the activity carried out on the registered premises is consistent with the nature of development proposed for the additional land under a local categorising instrument and a regional plan applying to the land.

(2)The Minister must assess the application having regard to the outcomes of the public consultation about the application.

s 67D ins 2024 SL No. 123 s 36

67EContent of notices about amendment to include additional land

(1)This section applies if the Minister decides, under section 268A of the Act, to approve the amendment of the registration to include additional land in the affected area for the registered premises.

(2)If the decision is to approve the amendment of the registration on conditions, the decision notice for the decision must state the conditions and the period within which the conditions must be complied with.

(3)The notice given under section 268A(8) of the Act must include a map showing the affected area as changed by the inclusion of the additional land.

(4)The notice published by the owner of the premises under section 269A(2)(a) of the Act must—

(a)state the name of, or describe, the registered premises; and

(b)include a description of the affected area as changed by the inclusion of additional land; and

(c)state where a member of the public can get a a map showing the affected area as changed by the inclusion of additional land; and

(d)state the effect of section 274 of the Act.

s 67E ins 2024 SL No. 123 s 36

pt 8 div 2B hdg ins 2024 SL No. 123 s 36

67FRequirements for notices—Act, s 268C

For section 268C(3)(b) of the Act, a notice under section 268C(2) of the Act about a proposed application 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 or registered premises that the proposed application relates to; and

(c)for a proposed application under section 267(2) of the Act—describe the mapped area; and

(d)for a proposed application under section 268A of the Act—describe the additional land proposed to be included in the affected area for the registered premises; and

(e)state where copies of the proposed application may be inspected or purchased; and

(f)state the effect of section 274 of the Act.

s 67F ins 2024 SL No. 123 s 36

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.

pt 8A hdg ins 2020 SL No. 41 s 5

68AApplications for temporary use licences—Act, s 275H

For section 275H(2)(b) of the Act, an application for a temporary use licence must include—

(a)the applicant’s name and contact details; and

(b)a description of the premises to which the application relates; and

(c)details of the relevant change the subject of the application; and

(d)the grounds for the relevant change.

s 68A ins 2020 SL No. 41 s 5

68AA Applications to extend temporary use licences—Act, s 275LB

For section 275LB(2)(b) of the Act, the following matters are prescribed—

(a)the applicant’s name and contact details;

(b)the period of the extension sought;

(c)the grounds for the extension.

s 68AA ins 2024 SL No. 123 s 18

68AB Applications to amend temporary use licences—Act, s 275LG

For section 275LG(2)(b) of the Act, the following matters are prescribed—

(a)the applicant’s name and contact details;

(b)details of the amendment sought;

(c)the grounds for the amendment.

s 68AB ins 2024 SL No. 123 s 18

pt 8B hdg ins 2020 SL No. 197 s 13

pt 8B div 1 hdg ins 2020 SL No. 197 s 13

68BPurpose of part

(1)The purpose of this part is to support the State’s economic recovery from the impacts of the COVID-19 emergency.

(2)The purpose is achieved by enabling a local government to adopt an economic support instrument for its local government area.

(3)In this section—

COVID-19 emergency means the declared public health emergency under the Public Health Act 2005, section 319(2) for COVID-19 declared on 29 January 2020 as extended and further extended under that Act.

s 68B ins 2020 SL No. 197 s 13

68CDefinitions for part

In this part—

adoption notice see section 68E(1)(b).

economic support instrument see section 68D(1).

s 68C ins 2020 SL No. 197 s 13

pt 8B div 2 hdg ins 2020 SL No. 197 s 13

68DLocal governments may adopt economic support instruments

(1)A local government may, by resolution, adopt an instrument that applies any of the following provisions for its local government area (an economic support instrument)—

(a)division 3;

(b)schedule 6, part 1, section 1A;

(c)schedule 6, part 2, section 7A or 7B.

(2)However, the local government may make the resolution only if satisfied adopting the economic support instrument may assist in achieving the purpose of this part.

s 68D ins 2020 SL No. 197 s 13

68EPublication of economic support instruments

(1)As soon as practicable after a local government adopts an economic support instrument, the local government must publish on the local government’s website—

(a)a copy of the economic support instrument; and

(b)a notice (an adoption notice) that states—

(i)the day the local government adopted the economic support instrument; and

(ii)the day the economic support instrument was first published on the local government’s website.

(2)However, a local government must not first publish an economic support instrument or adoption notice on the local government’s website after 31 December 2023.

(3)A local government that publishes an economic support instrument and adoption notice under subsection (1) must—

(a)continue to publish the economic support instrument and adoption notice on the local government’s website for the period the instrument is in effect; and

(b)give a copy of the economic support instrument and adoption notice to the chief executive as soon as practicable, but no later than 5 business days, after the day mentioned in subsection (1)(b)(ii).

s 68E ins 2020 SL No. 197 s 13

amd 2021 SL No. 138 s 4; 2022 SL No. 121 s 3

68FPeriod of economic support instruments

An economic support instrument has effect for the period—

(a)starting on the day stated in the adoption notice for the instrument under section 68E(1)(b)(ii); and

(b)ending on the earlier of the following days—

(i)the day a revocation of the instrument takes effect under section 68G(4);

(ii)31 December 2023.

s 68F ins 2020 SL No. 197 s 13

amd 2021 SL No. 138 s 5; 2022 SL No. 121 s 4

68GRevoking economic support instruments

(1)A local government may, by resolution, revoke an economic support instrument in effect for its local government area.

(2)As soon as practicable after the local government makes the resolution, the local government must publish notice of the revocation on the local government’s website.

(3)The notice must state the day the notice was first published on the local government’s website.

(4)The revocation takes effect on the day that is 5 business days after the day mentioned in subsection (3) or a later day stated in the notice.

(5)The local government must continue to publish the notice on the local government’s website until 1 January 2024.

(6)The local government must give a copy of the notice to the chief executive as soon as practicable, but no later than 5 business days, after the day mentioned in subsection (3).

s 68G ins 2020 SL No. 197 s 13

amd 2021 SL No. 138 s 6; 2022 SL No. 121 s 5

pt 8B div 3 hdg ins 2020 SL No. 197 s 13

68HApplication of division

This division applies if an economic support instrument applying this division is in effect for a local government area.

s 68H ins 2020 SL No. 197 s 13

68IParticular development requires code assessment instead of impact assessment

(1)This section applies in relation to a material change of use of premises in the local government area if—

(a)under a local planning instrument applying to the premises—

(i)the material change of use is assessable development that requires impact assessment; and

(ii)the premises are included in a zone mentioned in table 1, column 1; and

(b)the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and

(c)the economic support instrument states that the proposed use is identified for the zone applying to the premises; and

(d)a properly made application for the material change of use is made during the period the economic support instrument is in effect.

(2)The category of assessment for the material change of use is code assessment.

(3)The code assessment for the material change of use must be carried out against the assessment benchmarks in a local planning instrument applying to the premises that are stated in the economic support instrument.

(4)In this section, a reference to a zone using a particular name is taken to be a reference to—

(a)the zone of that name stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to the zone of that name stated in schedule 2.

Table 1
Column 1 Zone	Column 2 Proposed use
1  Neighbourhood centre zone or local centre zone	1  Food and drink outlet 2  Health care service 3  Office 4  Shop 5  Veterinary service
2  Centre zone, district centre zone, major centre zone or principal centre zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Indoor sport and recreation 6  Market 7  Office 8  Service industry 9  Shop 10  Veterinary service
3  Mixed use zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Home-based business 6  Indoor sport and recreation 7  Market 8  Office 9  Service industry 10  Shop 11  Veterinary service
4  Industry zone, low impact industry zone or medium impact industry zone	1  Bulk landscape supplies 2  Car wash 3  Hardware and trade supplies 4  Low impact industry 5  Research and technology industry 6  Service industry 7  Transport depot 8  Veterinary service 9  Warehouse
5  Research and technology industry zone	1  Low impact industry 2  Research and technology industry
6  Rural zone	1  Agricultural supplies store 2  Intensive horticulture 3  Nature-based tourism 4  Rural industry 5  Wholesale nursery 6  Winery
7  Tourism zone, major tourism zone or minor tourism zone	1  Nature-based tourism 2  Sales office 3  Shop 4  Short-term accommodation 5  Tourist attraction 6  Tourist park
8  Township zone	1  Agricultural supplies store 2  Bar 3  Garden centre 4  Hardware and trade supplies 5  Roadside stall 6  Transport depot 7  Veterinary service 8  Wholesale nursery 9  Winery
9  Waterfront and marine industry zone	1  Low impact industry 2  Marine industry 3  Warehouse

s 68I ins 2020 SL No. 197 s 13

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.

72ARounding of amounts expressed as numbers of fee units

(1)This section applies for working out the amount of a fee or charge expressed in this regulation as a number of fee units.

(2)For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded to the nearest dollar (rounding one-half upwards).

Example—

If a fee were 3,500 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 3,500 by $1.015 would be $3,552.50. Because $3,552.50 is halfway between $3,552 and $3,553, it is rounded upwards, so the amount of the fee would be $3,553.

s 72A ins 2022 SL No. 75 s 11

pt 10 hdg ins 2020 SL No. 9 s 29

73Existing development applications

This regulation, as in force from time to time before the commencement, continues to apply in relation to an application that was properly made, but not decided, before the commencement.

s 73 ins 2020 SL No. 9 s 29

pt 11 hdg ins 2021 SL No. 138 s 7

74Continuation of existing economic support instruments

(1)This section applies in relation to an economic support instrument that—

(a)immediately before the commencement, was in effect for a local government’s local government area; and

(b)stated that the instrument ends on 17 September 2021.

(2)On the commencement, the economic support instrument continues in effect for the local government’s local government area until the earlier of the following days—

(a)the day a revocation of the instrument takes effect under section 68G(4);

(b)17 September 2022.

(3)For the purposes of this section, a reference in the economic support instrument, or an adoption notice published in relation to the instrument, to 17 September 2021 is taken to be a reference to 17 September 2022.

(4)This section applies subject to section 75.

s 74 ins 2021 SL No. 138 s 7

amd 2022 SL No. 121 s 6

pt 12 hdg ins 2022 SL No. 121 s 7

75Further continuation of existing economic support instruments

(1)This section applies in relation to an economic support instrument that, immediately before the commencement, was in effect for a local government’s local government area.

(2)Section 68F, as amended by the Planning (Economic Support Instruments) Amendment Regulation 2022, applies in relation to the economic support instrument.

(3)A reference in the economic support instrument, or an adoption notice published in relation to the instrument, to the instrument ending on 17 September 2021 or 17 September 2022 is taken to be a reference to the instrument ending on 31 December 2023.

(4)This section applies despite section 74.

s 75 ins 2022 SL No. 121 s 7

pt 13 hdg ins 2024 SL No. 123 s 19

76Reference to affordable housing in local planning instrument

(1)This section applies if, immediately before the commencement, a local planning instrument included the administrative term affordable housing stated in former schedule 4, column 1 (the term).

(2)From the commencement—

(a)despite section 8, the local planning instrument may continue to include—

(i)the term; and

(ii)the definition of the term stated opposite the term in former schedule 4, column 2; and

(b)the term is taken to mean housing mentioned in section 43C(1)(a).

(3)Subsection (2) stops applying if the local planning instrument is amended—

(a)to include the administrative term affordable housing component stated in new schedule 4, column 1 and the definition of the term stated opposite the term in new schedule 4, column 2; or

(b)to omit the administrative term affordable housing stated in former schedule 4, column 1.

(4)In this section—

former, for a provision of this regulation, means the provision as in force immediately before the commencement.

new, for a provision of this regulation, means the provision as in force from the commencement.

s 76 ins 2024 SL No. 123 s 19

section 4

sch 1 amd 2017 SL No. 141 s 9; 2023 SL No. 195 s 6

section 6

sch 2 amd 2022 SL No. 182 s 4

section 7

sch 3 amd 2017 SL No. 141 ss 10, 17; 2020 SL No. 197 s 14; 2022 SL No. 9 s 3; 2022 SL No. 195 s 7; 2024 SL No. 136 s 10

section 8

sch 4 amd 2022 SL No. 9 s 4; 2024 SL No. 123 s 20; 2024 SL No. 136 s 11

section 13

1ancillary works and encroachments for a road

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

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

13housing that is provided as part of a program, funded by the State, for providing social or affordable housing

14oil and gas pipelines

15residential care facilities

16social or affordable housing that is provided by a registered provider

17sporting facilities

18waste management facilities

19water cycle management infrastructure

20storage and works depots and similar facilities, including administrative facilities relating to the provision or maintenance of infrastructure stated in this part

21any other facility not stated in this part that is intended mainly to accommodate government functions

sch 5 amd 2019 SL No. 248 s 4; 2022 SL No. 147 s 3; 2024 SL No. 123 s 21

section 16

1Building work for a wind farm

Building work for a wind farm.

1AParticular building work that increases gross floor area of an existing building

(1)Building work, other than minor building work, that increases the gross floor area of an existing building on premises if—

(a)an economic support instrument applying this section is in effect for the local government area in which the premises are located; and

(b)the building work is substantially started during the period the economic support instrument is in effect; and

(c)the building work increases the gross floor area of the existing building by no more than the lesser of the following—

(i)100m²;

(ii)10% of the gross floor area of the existing building; and

(d)under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and

(e)the building work is carried out in relation to the existing use of the premises; and

(f)the existing use is stated in table 1, column 2 opposite the zone applying to the premises; and

(g)the economic support instrument states that the existing use is identified for the zone applying to the premises; and

(h)the building work does not involve operational works for vegetation clearing; and

(i)the building work is not carried out on, or on premises adjoining, a Queensland heritage place or local heritage place; and

(j)the building work complies with any assessment benchmarks in the local planning instrument about the distance a building or structure on the premises must be from a boundary that are stated in the economic support instrument; and

(k)the building work does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and

(l)no other building work to increase the gross floor area of the existing building, other than building work carried out under a development approval given before the economic support instrument took effect, has been carried out during the period the economic support instrument is in effect.

(2)In this section, a reference to a zone using a particular name is taken to be a reference to—

(a)the zone of that name stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to the zone of that name stated in schedule 2.

Table 1
Column 1 Zone	Column 2 Existing use
1  Neighbourhood centre zone or local centre zone	1  Food and drink outlet 2  Health care service 3  Office 4  Shop 5  Veterinary service
2  Centre zone, district centre zone, major centre zone or principal centre zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Indoor sport and recreation 6  Market 7  Office 8  Service industry 9  Shop 10  Veterinary service
3  Mixed use zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Home-based business 6  Indoor sport and recreation 7  Market 8  Office 9  Service industry 10  Shop 11  Veterinary service
4  Industry zone, low impact industry zone or medium impact industry zone	1  Bulk landscape supplies 2  Car wash 3  Hardware and trade supplies 4  Low impact industry 5  Research and technology industry 6  Service industry 7  Transport depot 8  Veterinary service 9  Warehouse
5  Research and technology industry zone	1  Low impact industry 2  Research and technology industry
6  Rural zone	1  Agricultural supplies store 2  Intensive horticulture 3  Nature-based tourism 4  Rural industry 5  Wholesale nursery 6  Winery
7  Tourism zone, major tourism zone or minor tourism zone	1  Nature-based tourism 2  Sales office 3  Shop 4  Tourist attraction 5  Tourist park
8  Township zone	1  Agricultural supplies store 2  Bar 3  Garden centre 4  Hardware and trade supplies 5  Roadside stall 6  Transport depot 7  Veterinary service 8  Wholesale nursery 9  Winery
9  Waterfront and marine industry zone	1  Low impact industry 2  Marine industry 3  Warehouse

sch 6 s 1A ins 2020 SL No. 197 s 15

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 dwelling house, if—

(a)the material change of use is for a residential purpose in a residential zone other than a medium density residential zone or high density residential zone; and

(b)the material change of use does not involve a basement or an underground parking area; and

(c)1 of the following applies—

(i)no relevant overlay applies to the premises;

(ii)only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2;

(iii)a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.

(3)A material change of use of premises for a dual occupancy, if—

(a)the use is for a residential purpose in a residential zone; and

(b)either—

(i)the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or

(ii)if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises.

(4)A material change of use of premises for a class 1 building for rooming accommodation, if—

(a)the material change of use—

(i)does not involve the carrying out of building work; or

(ii)involves the carrying out of minor building work only; and

(b)the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and

(c)the material change of use does not create new vehicular access to a State-controlled road; and

(d)the premises—

(i)have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and

(ii)are occupied by no more than 5 persons; and

(e)either—

(i)no overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises; or

(ii)an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.

(5)A material change of use of premises for a class 1 building for rooming accommodation, if—

(a)the material change of use involves the carrying out of building work other than minor building work; and

(b)the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and

(c)the material change of use does not create new vehicular access to a State-controlled road; and

(d)the premises—

(i)have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and

(ii)are occupied by no more than 5 persons; and

(e)either—

(i)no relevant overlay applies to the premises; or

(ii)a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and

(f)the material change of use does not involve a basement or an underground parking area; and

(g)the premises are not on a local heritage register under the Queensland Heritage Act 1992; and

(h)the material change of use provides landscaping between a building that is on the premises and the front boundary of the premises, excluding any driveway or pedestrian access.

(6)In this section—

(a)a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2; and

(b)a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.

(7)In this section—

landscaping means any combination of trees, grass, plants, garden beds and paving.

relevant overlay means—

(a)an overlay, or part of an overlay, that is about—

(i)bush fire hazards, coastal hazards, flood hazards or landslide hazards; or

(ii)safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination; or

(b)an overlay, or part of an overlay, that includes an overlay code and is about—

(i)development of a local heritage place; or

(ii)development in a place with traditional building character; or

(iii)the protection of areas of natural, environmental or ecological significance, including the protection of the biodiversity, significant animals and plants, wetlands and waterways of such areas; or

(iv)development within an area identified on a map titled ‘ANEF’ on the State Planning Policy Interactive Mapping System.

Note—

Section 16(2) of the regulation provides for the expiry of particular provisions of this section.

sch 6 s 2 amd 2019 SL No. 104 s 12; 2022 SL No. 182 s 5

(4)–(5), (7), definition landscaping, note exp 2 December 2025 (see s 16(2)(b)–(d))

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 for emergency accommodation

(1)A material change of use of premises if—

(a)the use is the provision of emergency accommodation, on a temporary basis, for persons affected by the impact of an event; and

(b)the accommodation is provided by, or on behalf of, the State or a local government; and

(c)no part of the premises is in any of the following areas under a State planning instrument or local instrument—

(i)a flood hazard area;

(ii)a bushfire hazard area;

(iii)a landslide hazard area.

(2)In this section—

event see the Disaster Management Act 2003, section 16.

sch 6 s 4 prev sch 6 s 4 om 2019 SL No. 196 s 4

pres sch 6 s 4 ins 2022 SL No. 147 s 4

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 (L_Aeq) 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 (L_Aeq) 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

(1)A material change of use of premises for a community residence, if—

(a)the premises are included in a prescribed zone under a local categorising instrument; 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.

(2)In this section—

prescribed zone means—

(a)any of the following zones stated in schedule 2—

(i)general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;

(ii)centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;

(iii)community facilities zone;

(iv)environmental management and conservation zone;

(v)rural zone;

(vi)rural residential zone; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone mentioned in paragraph (a).

sch 6 s 6 amd 2017 SL No. 222 s 3 (1)–(2)

7Material change of use for wind farm

A material change of use for a wind farm.

7AA Material change of use for particular home-based business

(1)A material change of use of premises for a home-based business if—

(a)no more than 1 person works on the premises in the home-based business at a time; and

(b)no more than 1 visitor attends the home-based business on the premises at a time; and

(c)the material change of use complies with any accepted development criteria for the material change of use.

(2)For subsection (1), the accepted development criteria for the material change of use are—

(a)the criteria stated in a local planning instrument applying to the premises that the material change of use must comply with in order to be categorised as accepted development under the instrument; or

(b)if the local planning instrument does not state criteria mentioned in paragraph (a)—the assessment benchmarks—

(i)stated in a local government’s categorising instrument applying to the premises; and

(ii)described in the instrument as acceptable outcomes for the material change of use.

sch 6 s 7AA ins 2024 SL No. 136 s 12

7AParticular material change of use involving an existing building

(1)A material change of use of premises if—

(a)an economic support instrument applying this section is in effect for the local government area in which the premises are located; and

(b)the material change of use is carried out during the period the economic support instrument is in effect; and

(c)under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and

(d)the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and

(e)the economic support instrument states that the proposed use is identified for the zone applying to the premises; and

(f)the material change of use does not involve the use of a building other than an existing building; and

(g)the material change of use—

(i)does not involve the carrying out of building work; or

(ii)involves the carrying out of minor building work only; and

(h)the material change of use does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and

(i)for a proposed use other than a declared use for the premises, the proposed use complies with the following—

(i)if the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop;

(ii)if subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument;

(iii)if the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument.

(2)In this section, a reference to a zone using a particular name is taken to be a reference to—

(a)the zone of that name stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to the zone of that name stated in schedule 2.

(3)In this section—

declared use, for premises, means a use, or use of a class, declared for an applicable event under a declaration under section 275O of the Act that is in effect for the area in which the premises are located.

Table 1
Column 1 Zone	Column 2 Proposed use
1  Neighbourhood centre zone or local centre zone	1  Food and drink outlet 2  Health care service 3  Office 4  Shop 5  Veterinary service
2  Centre zone, district centre zone, major centre zone or principal centre zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Indoor sport and recreation 6  Market 7  Office 8  Service industry 9  Shop 10  Veterinary service
3  Mixed use zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Home-based business 6  Indoor sport and recreation 7  Market 8  Office 9  Shop 10  Showroom 11  Veterinary service
4  Industry zone, low impact industry zone or medium impact industry zone	1  Bulk landscape supplies 2  Car wash 3  Hardware and trade supplies 4  Low impact industry 5  Research and technology industry 6  Service industry 7  Transport depot 8  Veterinary service 9  Warehouse
5  Research and technology industry zone	1  Low impact industry 2  Research and technology industry
6  Rural zone	1  Agricultural supplies store 2  Rural industry 3  Wholesale nursery 4  Winery
7  Tourism zone, major tourism zone or minor tourism zone	1  Nature-based tourism 2  Sales office 3  Shop 4  Tourist attraction
8  Township zone	1  Garden centre 2  Hardware and trade supplies 3  Roadside stall 4  Veterinary service 5  Wholesale nursery 6  Winery
9  Waterfront and marine industry zone	1  Low impact industry 2  Marine industry 3  Warehouse

sch 6 s 7A ins 2020 SL No. 197 s 16

7BMaterial change of use for home-based business in particular zones

(1)A material change of use of premises if—

(a)an economic support instrument applying this section is in effect for the local government area in which the premises are located; and

(b)the material change of use is carried out during the period the economic support instrument is in effect; and

(c)under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and

(d)the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and

(e)the economic support instrument states that the proposed use is identified for the zone applying to the premises; and

(f)the material change of use does not involve an industry activity; and

(g)the proposed use complies with the acoustic quality objectives under the Environmental Protection (Noise) Policy 2019 during operating hours for the use.

(2)In this section, a reference to a zone using a particular name is taken to be a reference to—

(a)the zone of that name stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to the zone of that name stated in schedule 2.

Table 1
Column 1 Zone	Column 2 Proposed use
1  General residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone	1  Home-based business
2  Township zone	1  Home-based business

sch 6 s 7B ins 2020 SL No. 197 s 16

7CMaterial change of use for rural workers’ accommodation

A material change of use of premises for rural workers’ accommodation, if—

(a)the premises are in a rural zone; and

(b)the area of the premises is at least 25ha; and

(c)no part of the premises is in any of the following areas under a State planning instrument or local instrument—

(i)a flood hazard area;

(ii)a bushfire hazard area;

(iii)a landslide hazard area; and

(d)the material change of use does not result in accommodation with a total capacity to accommodate more than 20 employees of a rural use across the following premises—

(i)the premises on which the material change of use is carried out;

(ii)the premises on which the rural use is carried out;

(iii)adjoining premises to premises mentioned in subparagraph (i) or (ii) if the premises are owned by the same person; and

(e)the material change of use does not involve a new vehicular access to a road or changes to an existing vehicular access to a road.

Note—

See also section 16(3).

sch 6 s 7C prev sch 6 s 7C ins 2021 SL No. 50 s 4

amd 2021 SL No. 140 s 259

exp 30 April 2022 (see sch 6 s 7C(2))

pres sch 6 s 7C ins 2022 SL No. 195 s 8(1)

exp 16 December 2025 (see s 16(3))

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 for a road

Operational work for ancillary works and encroachments for a road—

(a)carried out in accordance with a notice made under the Transport Infrastructure Act, section 50(4); or

(b)done as required by a written arrangement entered into with the chief executive (transport) mentioned in the Transport Infrastructure Act, section 50(2)(c).

sch 6 s 9 sub 2019 SL No. 248 s 5 (1)

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 Services Act 1990; 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.

sch 6 s 16 amd 2024 Act No. 22 s 92 sch 1

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.

20AOperational work for necessary firebreaks or fire management lines

Operational work that is clearing native vegetation if—

(a)the clearing is necessary for—

(i)establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, and the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; or

(ii)establishing a necessary fire management line, and the maximum width of the clearing for the fire management line is 10m; and

(b)the clearing—

(i)is on freehold land; or

(ii)is on indigenous land; or

(iii)is on land leased under the Land Act 1994 for agriculture or grazing purposes; or

(iv)is on land leased under the Land Act 1994, other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or

(v)is on trust land under the Land Act 1994, other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or

(vi)is on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or

(vii)is on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.

sch 6 s 20A ins 2019 SL No. 243 s 4

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.