Part 1Preliminary1Short titleThis regulation may be cited as the Planning (Consequential) and Other Legislation Amendment Regulation 2017.2CommencementThis regulation, other than part 20, commences on 3 July 2017.Part 2Amendment of Body Corporate and Community Management (Accommodation Module) Regulation 20083Regulation amendedThis part amends the Body Corporate and Community Management (Accommodation Module) Regulation 2008.4Amendment of s 159 (Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 161])Section 159(8), definition relevant Planning Act, paragraph (a), ‘the Sustainable Planning Act 2009’—omit, insert—the Planning ActPart 3Amendment of Body Corporate and Community Management (Commercial Module) Regulation 20085Regulation amendedThis part amends the Body Corporate and Community Management (Commercial Module) Regulation 2008.6Amendment of s 117 (Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 161])Section 117(8), definition relevant Planning Act, paragraph (a), ‘the Sustainable Planning Act 2009’—omit, insert—the Planning ActPart 4Amendment of Body Corporate and Community Management (Small Schemes Module) Regulation 20087Regulation amendedThis part amends the Body Corporate and Community Management (Small Schemes Module) Regulation 2008.8Amendment of s 95 (Disposal of interest in and leasing or licensing of common property—Act, s 154 [SM, s 161])Section 95(8), definition relevant Planning Act, paragraph (a), ‘the Sustainable Planning Act 2009’—omit, insert—the Planning ActPart 5Amendment of Body Corporate and Community Management (Standard Module) Regulation 20089Regulation amendedThis part amends the Body Corporate and Community Management (Standard Module) Regulation 2008.10Amendment of s 161 (Disposal of interest in and leasing or licensing of common property—Act, s 154)Section 161(8), definition relevant Planning Act, paragraph (a), ‘the Sustainable Planning Act 2009’—omit, insert—the Planning ActPart 6Amendment of Building Regulation 200611Regulation amendedThis part amends the Building Regulation 2006.12Replacement of pt 2 (Self-assessable building work and building work that is exempt development)Part 2—omit, insert—Part 2Accepted building work4Accepted building work for the Planning Act—Act, s 21(2)(a)(1)Schedules 1 and 2 prescribe building work for section 21(2)(a) of the Act.(2)Building work prescribed in schedule 1 is accepted development for the Planning Act only if the building work complies with the relevant provisions under section 25(5) of the Act for the work.13Amendment of s 6 (Operation of pt 3)Section 6, notes—omit, insert—Notes—

1A provision of a local law, local planning instrument or resolution about a prescribed aspect or matter is a building assessment provision. See section 30(1)(e) of the Act.

2For public access to maps provided for under this part and registers under section 13(4), see the Planning Act, section 264 and the Planning Regulation 2017, schedule 22.

14Amendment of s 7 (Additional water saving targets)Section 7(1)(a), ‘self-assessable’—omit, insert—is accepted15Amendment of s 13 (Land liable to flooding)(1)Section 13(3), ‘the State Planning Policy 2013’—omit, insert—a State planning policy(2)Section 13(5), definition State Planning Policy 2013—omit, insert—State planning policy means a State planning policy under the Planning Act, other than a temporary State planning policy16Amendment of s 16A (Additional particulars for regulated pools register—Act, s 246AS)Section 16A(d), ‘committee,’—omit, insert—committee under the repealed Sustainable Planning Act 2009,17Amendment of s 34 (Builder’s obligation to ensure stage complies with development approval)Section 34, note, ‘section 532’—omit, insert—chapter 6, part 1 and schedule 118Amendment of s 40 (Acting on referral agency’s inspection notice)Section 40(2), note, ‘section 532’—omit, insert—chapter 6, part 1 and schedule 119Amendment of s 44 (QBCC licensee certificate for self-assessable building work)(1)Section 44, heading, ‘self-assessable’—omit, insert—accepted(2)Section 44(2), ‘under section 21(1)(b) of the Act’—omit, insert—with the relevant provisions under section 21(5) of the Act for the work(3)Section 44(3), ‘self-assessable’—omit, insert—accepted20Amendment of s 53A (Notice requirement for particular development approvals for building work near sewers)Section 53A(1)(c), ‘concurrence’—omit, insert—referral21Amendment of s 53B (Notice requirement for particular development approvals for farm buildings)(1)Section 53B(1) and (2), ‘assessment manager’—omit, insert—decision-maker(2)Section 53B(3)—insert—decision-maker means—

(a)if the building development application is a development application—the assessment manager for the application; or

(b)if the building development application is a change application—the responsible entity for the application.

22Amendment of sch 1, hdg (Prescribed building work for Act, section 21)Schedule 1, heading—omit, insert—Schedule 1Building work that is accepted development if relevant provisions complied with23Replacement of sch 2, hdg (Building work prescribed as exempt development for the Planning Act)Schedule 2, heading—omit, insert—Schedule 2Other building work that is accepted developmentsection 4(1)24Amendment of sch 2C, s 5 (Work for barriers for regulated pools in particular circumstances)Schedule 2C, section 5(2)(a)(ii)(B), ‘self-assessable’—omit, insert—accepted25Amendment of sch 4 (Dictionary)Schedule 4, definition assessable building work, from ‘not development’—omit, insert—not assessable development.Part 7Amendment of Coastal Protection and Management Regulation 200326Regulation amendedThis part amends the Coastal Protection and Management Regulation 2003.27Replacement of pt 4 (Tidal work)Part 4—omit, insert—Part 4Tidal works14Assessment benchmarks for particular prescribed tidal works—Act, s 167(1)This section applies to a development application for, or a change application relating to, assessable development that is prescribed tidal works, if the planning chief executive is not the assessment manager or responsible entity for the application.(2)For section 167(5)(a) of the Act, the code in schedule 4A is an assessment benchmark for the Planning Act for the development.15Requirements for accepted development—Act, s 167(1)This section applies to operational work mentioned in the Planning Regulation 2017, schedule 7, section 10(a), if undertaken by an entity mentioned in the Planning Regulation 2017, schedule 7, section 10(b).(2)For section 167(5)(b) of the Act, the operational work must comply with the document called ‘Code for self-assessable development—For tidal works, or work completely or partly within a coastal management district’ dated December 2014 and published on the department’s website.16Tidal works that are prescribed tidal works—Act, s 167For section 167(5)(d) of the Act, subject to section 16A, the following work is prescribed tidal works—

(a)work that consists only of tidal work;

(b)work that consists of both—

(i)tidal work; and

(ii)other work that is not tidal work if the other work is an integral part of the tidal work.

16ATidal works that is not prescribed tidal works—Act, s 167(1)For section 167(5)(d) of the Act, the following work is not prescribed tidal work—

(a)tidal work within a State managed boat harbour;

(b)tidal work for a new or existing structure used for the operation of—

(i)a port authority or port operator; or

(ii)a public marine facility constructed by or for Queensland Transport, a port authority or a port operator;

(c)tidal work for any of the following—

(i)creating or changing the configuration or characteristics of a navigational channel;

(ii)an inlet or outlet for development for aquaculture if the development is carried out on land and is made accepted under the local government’s planning scheme or is development requiring compliance assessment under the Planning Act;

(d)tidal work the subject of—

(i)a deemed approval; or

(ii)a development approval given under the repealed Integrated Planning Act 1997 on or before the day this section commenced; or

(iii)a development application made under the repealed Integrated Planning Act 1997 but not decided on or before the day this section commenced.

(2)In this section—aquaculture see the Fisheries Act 1994, schedule.navigational channel means a channel marked by an aid to navigation built, erected or placed in tidal water under the Transport Operations (Marine Safety) Act 1994.Queensland Transport means the department in which the Transport Operations (Marine Safety) Act 1994 is administered.State managed boat harbour see the Transport Infrastructure (Public Marine Facilities) Regulation 2011, schedule 4.28Replacement of sch 4A, hdg (IDAS code for development applications for prescribed tidal work)Schedule 4A, heading—omit, insert—Schedule 4ACode for assessable development that is prescribed tidal workssection 1429Replacement of sch 4A, pt 1, s 1 (Application of code)Schedule 4A, part 1, section 1—omit, insert—1Application of codeFor section 167(5)(a) and (c) of the Act, this code—

(a)is an assessment benchmark for the Planning Act; and

(b)prescribes, for section 19(1)(b) of the Planning Act, the extent to which a local government may apply a planning scheme as a categorising instrument under that Act in relation to tidal works in the tidal area for its local government area, as defined under that Act.

30Amendment of sch 4A, pt 1, s 2 (Purpose of code)Schedule 4A, part 1, section 2, ‘for which it applies’—omit.31Amendment of sch 5 (Dictionary)Schedule 5, definition prescribed tidal work—omit, insert—prescribed tidal works means the work prescribed as prescribed tidal works under sections 16 and 16A.Part 8Amendment of Disaster Management Regulation 201432Regulation amendedThis part amends the Disaster Management Regulation 2014.33Amendment of s 2 (Members of State group—Act, s 19)Section 2(c)(v)—omit, insert—

(v)the Planning Act 2016;

34Amendment of s 3 (Persons to assist or carry out other activities relating to the State group—Act, s 19A)Section 3(1)(a)(vi)—omit, insert—

(vi)the Planning Act 2016;

Part 9Amendment of Economic Development Regulation 201335Regulation amendedThis part amends the Economic Development Regulation 2013.36Insertion of new pt 3After section 6—insert—Part 3Plans of subdivision7Approving plans of subdivision—Act, s 104For section 104(2) of the Act, schedule 6 states the process for MEDQ to approve a plan of subdivision within the meaning of section 104(3) of the Act.37Insertion of new sch 6After schedule 5—insert—Schedule 6Approving plans of subdivisionsection 71Definition for scheduleIn this schedule—plan of subdivision see section 104(3) of the Act.2Request for approval of plan of subdivision(1)A person may, in writing, ask MEDQ to approve a plan of subdivision for reconfiguring a lot.(2)A request made under subsection (1) must be accompanied by—

(a)a copy of the proposed plan of subdivision; and

(b)if the plan of subdivision is authorised under a PDA development permit or required under a PDA development condition of a PDA development permit—evidence allowing the application to be assessed against the criteria stated in section 3(1); and

(c)if the plan relates to a plan of subdivision that is not PDA assessable development—evidence allowing the application to be assessed against the criteria stated in section 3(2).

(3)If the person’s request relates to reconfiguring a lot that is authorised under a PDA development permit, the request may be made only if the PDA development permit is in effect.(4)If a PDA development condition of a PDA development permit requires the plan of subdivision to be given to MEDQ, the request must be made—

(a)if the PDA development permit states a currency period under section 100(4) or (5) of the Act—before the currency period ends; or

(b)otherwise—within 4 years after the PDA development permit takes effect.

3Assessing request(1)If the request relates to a plan of subdivision that is authorised under a PDA development permit, or a plan of subdivision required under a PDA development condition of a PDA development permit, the request must be assessed against the following criteria—

(a)the PDA development conditions of the PDA development permit have been complied with, or the applicant has given satisfactory security to MEDQ to ensure compliance with the conditions;

(b)there are no outstanding local government rates or charges or expenses that are a charge over the land under any Act;

(c)there are no outstanding special rates or charges, or infrastructure expenses recoupment charges, for the land;

(d)the plan has been prepared in accordance with the PDA development permit;

(e)the conditions of a water approval under the SEQ Water Act have been complied with;

(f)there are no outstanding fees or charges levied by a distributor-retailer under the SEQ Water Act.

(2)If the request relates to a plan of subdivision for reconfiguring a lot that is not PDA assessable development, the request must be assessed against the following criteria—

(a)the plan is consistent with any PDA development permit relevant to the land;

(b)there are no outstanding local government rates or charges or expenses that are a charge over the land under any Act;

(c)there are no outstanding special rates or charges, or infrastructure expenses recoupment charges, for the land;

(d)the conditions of a water approval under the SEQ Water Act have been complied with;

(e)there are no outstanding fees or charges levied by a distributor-retailer under the SEQ Water Act.

(3)In this section—local government rates or charges means rates or charges levied by a local government.SEQ Water Act means the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.special rate or charge means a special rate or charge levied under section 115 of the Act.4Deciding request(1)If the request made under section 2(1) complies with the criteria for the request stated in section 2, MEDQ must approve the request.(2)MEDQ must give notice of the approval to the person making the request within—

(a)20 business days after MEDQ receives a request that is accompanied by the matters mentioned in section 2(2); or

(b)another period agreed between MEDQ and the person making the request.

(3)If the Act that the plan of subdivision is to be registered or recorded under requires a particular form for the registration or recording, the request must be in that form.Part 10Amendment of Electricity Regulation 200638Regulation amendedThis part amends the Electricity Regulation 2006.39Amendment of s 17 (Clearing, lopping and pruning of trees on non-freehold land)Section 17(4), definition local planning instrument—omit, insert—local planning instrument means a local planning instrument under the Planning Act 2016.Part 11Amendment of Environmental Offsets Regulation 201440Regulation amendedThis part amends the Environmental Offsets Regulation 2014.41Amendment of s 5 (Prescribed environmental matters—Act, s 10)Section 5(5)—insert—urban area see the Planning Regulation 2017, schedule 24.42Amendment of s 6 (Environmental offsets policy—Act, s 12)Section 6, ‘Queensland Environmental Offsets Policy (version 1.3)’—omit, insert—Queensland Environmental Offsets Policy (version 1.4)43Amendment of s 10 (Requirements for financial settlement offsets—Act, s 24(2)(b)) Section 10(2), from ‘under the’—omit, insert—under—

(a)the Planning Regulation 2017, schedule 11; or

(b)the repealed South East Queensland Koala Conservation State Planning Regulatory Provisions.

44Amendment of s 13 (Meaning of decision-maker)(1)Section 13, heading—omit, insert—13Definition for part(2)Section 13, definition decision-maker, paragraph (a), from ‘a State’ to ‘instrument’—omit, insert—the Planning Regulation 2017, schedule 11, the repealed South East Queensland Koala Conservation State Planning Regulatory Provisions or a local planning instrument(3)Section 13, definition State planning regulatory provision—omit.45Amendment of s 16 (Definitions for pt 7)Section 16, definition relevant Act, ‘Sustainable Planning Act 2009’—omit, insert—Planning Act46Amendment of s 29 (Who may appeal)Section 29, ‘Sustainable Planning Act 2009’—omit, insert—Planning Act47Amendment of s 36 (Administering agency to apply to for removal of particular duplicate offset condition)(1)Section 36(d), from ‘under the’—omit, insert—under—

(i)the Planning Regulation 2017, schedule 11; or

(ii)the repealed South East Queensland Koala Conservation State Planning Regulatory Provisions.

(2)Section 36—insert—(2)In this section—SEQ region means the area, including the area of any Queensland waters, that comprised the SEQ region under the repealed Integrated Planning Act 1997, section 2.5A.2 immediately before 11 September 2007.48Amendment of s 37 (Non-juvenile koala habitat tree prescribed as relevant for Act, s 15(4))Section 37, after ‘section 6(3)’—insert—or (4)49Amendment of sch 1 (Activities prescribed for section 9(c) of the Act)(1)Schedule 1, item 6, from ‘development for’ to ‘assessment provisions’—omit, insert—development for which an environmental offset may be required under any of the following modules of the repealed State development assessment provisions made under the repealed Sustainable Planning Regulation 2009(2)Schedule 1—insert—

6Adevelopment for which an environmental offset may be required under any of the following State codes of the State development assessment provisions—

(a)State code 8 (Coastal development and tidal works);

(b)State code 9 (Great Barrier Reef wetland protection areas);

(c)State code 11 (Removal, destruction or damage of marine plants);

(d)State code 12 (Development in a declared fish habitat);

(e)State code 16 (Native vegetation clearing);

(f)State code 18 (Constructing or raising waterway barrier works in fish habitats);

(g)State code 22 (Environmentally relevant activities)

(3)Schedule 1, item 7(b)—omit, insert—

(b)the Planning Regulation 2017, schedule 11;

(c)the repealed South East Queensland Koala Conservation State Planning Regulatory Provisions

(4)Schedule 1, items 6A, as inserted, and 7—renumber as schedule 1, items 7 and 8.50Amendment of sch 2, s 2 (Regulated vegetation)(1)Schedule 2, section 2(4), after ‘relevant watercourse’—insert—or relevant drainage feature(2)Schedule 2, section 2(6)—insert—relevant drainage feature means a drainage feature under the Water Act 2000, schedule 4 that is identified on the vegetation management watercourse and drainage feature map.(3)Schedule 2, section 2(6), definition defined distance, after ‘relevant watercourse’—insert—or relevant drainage feature51Amendment of sch 2, s 6 (Protected wildlife habitat)(1)Schedule 2, section 6(3), before ‘South’—insert—repealed(2)Schedule 2, section 6—insert—(3A)A non-juvenile koala habitat tree is a matter of State environmental significance if it is in—

(a)a bushland habitat area under the Planning Regulation 2017; or

(b)a high value rehabilitation habitat area under the Planning Regulation 2017; or

(c)a medium value rehabilitation habitat area under the Planning Regulation 2017.

(3)Schedule 2, section 6(5), definition South East Queensland Koala Conservation State Planning Regulatory Provisions—omit.(4)Schedule 2, section 6(3A) to (5)—renumber as schedule 2, section 6(4) to (6).52Amendment of sch 3 (Dictionary)(1)Schedule 3, definitions local planning instrument, SEQ region, South East Queensland Koala Conservation State Planning Regulatory Provisions, State development assessment provisionsand urban area—omit.(2)Schedule 3—insert—local planning instrument means a local planning instrument under the Planning Act.repealed South East Queensland Koala Conservation State Planning Regulatory Provisions means the document called the ‘South East Queensland Koala Conversation State Planning Regulatory Provisions’, made under the repealed Sustainable Planning Act 2009 in May 2010.State development assessment provisions see the Planning Regulation 2017, schedule 24.(3)Schedule 3, definition koala habitat, ‘section 6(4)’—omit, insert—section 6(5)(4)Schedule 3, definition non-juvenile koala habitat tree, ‘section 6(5)’—omit, insert—section 6(6)Part 12Amendment of Environmental Protection Regulation 200853Regulation amendedThis part amends the Environmental Protection Regulation 2008.54Amendment of s 16 (Meaning of concurrence ERA)Section 16(3), definition relevant table, note—omit, insert—Note—For when a development permit is required for a concurrence ERA, see the Planning Act.55Replacement of s 19B (Application of div 3A)Section 19B—omit, insert—19BAssessing development application for concurrence ERA(1)Subsection (2) applies if a local government is the assessment manager for a development application for a material change of use for a concurrence ERA.(2)The following matters are assessment benchmarks for the Planning Act for the material change of use—

(a)an environmental objective assessment against the environmental objectives and performance outcomes stated in schedule 5, part 3, table 2;

(b)the standard criteria;

(c)if the concurrence ERA is to be carried out in a strategic environmental area—the impacts of the activity on the environmental attributes for the area under the Regional Planning Interests Act 2014.

(3)Subsection (4) applies if a local government is a referral agency for a development application for a material change of use for a concurrence ERA.(4)For the Planning Act, the local government must assess the development application against the matters stated in subsection (2)(a) to (c).56Omission of s 19C (Assessing application)Section 19C—omit.57Amendment of sch 12 (Dictionary)(1)Schedule 12, part 2, definitions Queensland planning provisions and sensitive land use—omit.(2)Schedule 12, part 2—insert—sensitive land use see the Planning Regulation 2017, schedule 24.Part 13Amendment of Fisheries Regulation 200858Regulation amendedThis part amends the Fisheries Regulation 2008.59Amendment of s 216 (Authorisation under resource allocation authority)(1)Section 216(1)(a), ‘Planning Regulation, schedule 3, part 2, table 1, item 3(d) or table 4, item 3(d) or (e)’—omit, insert—Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d)(2)Section 216(1)(c), from ‘mentioned in’ to ‘dead marine’—omit, insert—that is operational work impacting on marine plants that is dead marine wood on unallocated State land for trade or commerce—collect the wood60Amendment of s 636 (Carrying out particular development in declared fish habitat area)Section 636(1), from ‘in both’—omit, insert—the Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d).61Amendment of s 637 (Collecting dead marine wood from unallocated State land)Section 637, ‘carry out development mentioned in the Planning Regulation, schedule 3, part 2, table 4, item 4(a), on unallocated State land’—omit, insert—remove, destroy or damage a marine plant if the marine plant is dead marine wood on unallocated State land and the removal, destruction or damage is for trade or commerce62Replacement of ch 15, pt 3 (Codes for IDAS)Chapter 15, part 3—omit, insert—Part 3Accepted development requirements 701Purpose of pt 3This part states, under section 23 of the Act, the documents that state the accepted development requirements for fisheries development that is accepted development. Note—See the Planning Regulation 2017, schedule 7, part 3 for how works done in accordance with the accepted development requirements affect the classification of the works.702Requirements for material change of use of premises for aquacultureThe document called ‘Accepted development requirements for material change of use that is aquaculture’, prepared and held by the chief executive, states the accepted development requirements for a material change of use of premises for aquaculture. 703Requirements for operational work for waterway barrier worksThe document called ‘Accepted development requirements for operational work that is constructing or raising waterway barrier works’, prepared and held by the chief executive, states the accepted development requirements for operational work for constructing or raising waterway barrier works.704Accepted development requirements for operational work within a declared fish habitat areaThe document called ‘Accepted development requirements for operational work that is completely or partly within a declared fish habitat area’, prepared and held by the chief executive, states the accepted development requirements for operational work within a declared fish habitat area. 705Accepted development requirements for operational work impacting on marine plants The document called ‘Accepted development requirements for operational work that is the removal, destruction or damage of marine plants’, prepared and held by the chief executive, states the accepted development requirements for the removal, destruction or damage of marine plants.706Accepted development requirements available for inspection(1)A document mentioned in this part is—

(a)available for inspection by the public during office hours on business days at the department’s head office; and

(b)published on the department’s website.

(2)Also, a person may obtain a copy of the document, free of charge, from the department’s head office.Note—At the commencement, the department’s head office was at 41 George Street, Brisbane. 63Replacement of ch 15, pt 4, div 1, hdgChapter 15, part 4, division 1, heading—omit, insert—Division 1Fees for resource allocation authority and fish movement exemption notice64Omission of s 707A (Definition for div 1)Section 707A—omit.65Omission of ss 708A–710 Sections 708A to 710—omit.66Amendment of sch 8 (Fees relating to development under Planning Act)(1)Schedule 8, heading, ‘under Planning Act’—omit.(2)Schedule 8, authorising sections, ‘sections 708, 708A, 709, 709A, 709B and 710’—omit, insert—section 708(3)Schedule 8, part 1, item 1(b), ‘Planning Regulation, schedule 3, part 2, table 1, item 3(d) or table 4, item 3(d) or (e) or 4(a)’—omit, insert—Planning Regulation 2017, schedule 24, definition non-referable building work, paragraph (d) or that is operational work impacting on marine plants that is dead marine wood on unallocated State land for trade or commerce(4)Schedule 8, parts 3 to 5—omit.67Amendment of sch 11 (Dictionary)(1)Schedule 11, part 2, definitions development, development approval change request, IDAS, level of assessment, minor impact works code, offset assessment fee, Planning Regulation, referral agency and relevant assessment fee—omit.(2)Schedule 11, part 2—insert—development see the Planning Act, schedule 2.referral agency see Planning Act, section 54(2).Part 14Amendment of Liquor Regulation 200268Regulation amendedThis part amends the Liquor Regulation 2002.69Amendment of s 22 (Decision by commissioner for application under s 21 other than application for an occasion approval)Section 22(3), example 2, ‘Sustainable Planning Act 2009’—omit, insert—Planning Act70Amendment of sch 19 (Dictionary)Schedule 19, definition planning scheme—omit, insert—planning scheme means a planning scheme under the Planning Act.Part 15Amendment of Local Government (De-amalgamation Implementation) Regulation 201371Regulation amendedThis part amends the Local Government (De-amalgamation Implementation) Regulation 2013.72Amendment of s 46 (Planning instruments for new local government)(1)Section 46(3), note—omit.(2)Section 46(4)(b), ‘Planning Act’—omit, insert—Sustainable Planning Act 201673Amendment of schedule (Dictionary)(1)Schedule, definitions planning instrument and planning scheme—omit.(2)Schedule—insert—planning instrument see the Sustainable Planning Act 2016, schedule 3.planning scheme see the Sustainable Planning Act 2016, schedule 3.Part 16Amendment of Nature Conservation (Administration) Regulation 200674Regulation amendedThis part amends the Nature Conservation (Administration) Regulation 2006.75Amendment of sch 1, s 3 (Overview of this regulation and its relationship with the management instruments)(1)Schedule 1, section 3(14)—omit.(2)Schedule 1, section 3(15)—renumber as schedule 1, section 3(14).76Amendment of sch 7 (Dictionary)Schedule 7, definitions community infrastructure, development application, material change of use, operational work, Planning Act and reconfiguring a lot—omit.Part 17Amendment of Nature Conservation (Koala) Conservation Plan 200677Plan amendedThis part amends the Nature Conservation (Koala) Conservation Plan 2006.78Amendment of s 4 (Main purposes of plan and how they are to be achieved)(1)Section 4(2)(c)—omit.(2)Section 4(2)(d) to (f)—renumber as section 4(2)(c) to (e). 79Omission of pt 2, div 2 (Development in koala habitat areas)Part 2, division 2—omit.80Renumbering of pt 2, div 3 (Map for koala habitat areas)Part 2, division 3—renumber as part 2, division 2.81Omission of pt 5 (Amendment of plan)Part 5—omit.82Amendment of sch 2 (Dictionary)(1)Schedule 2, definitions assessable development, assessment manager, clear, concurrence agency, development application, koala conservation criteria and Planning Act—omit.(2)Schedule 2—insert—clear see the Vegetation Management Act 1999, schedule.Planning Act means the Planning Act 2016.(3)Schedule 2, definition approved local government map, paragraph (b)(i), after ‘scheme’—insert—under the Planning Act(4)Schedule 2, definition SEQ region, ‘designated’—omit.Part 18Amendment of Nature Conservation (Macropod) Conservation Plan 200583Plan amendedThis part amends the Nature Conservation (Macropod) Conservation Plan 2005.84Amendment of s 19 (Restriction about processing macropod skin)Section 19(1)(a)(ii), ‘Sustainable Planning Act 2009’—omit, insert—Planning Act 2016Part 19Amendment of Nature Conservation (Wildlife Management) Regulation 200685Regulation amendedThis part amends the Nature Conservation (Wildlife Management) Regulation 2006.86Amendment of s 379 (Chief executive may amend map in particular circumstances)Section 379(4)—omit.87Amendment of sch 5 (Dictionary)(1)Schedule 5—insert—Planning Act means the Planning Act 2016.planning scheme means a planning scheme under the Planning Act.(2)Schedule 5, definition contingent salvage, paragraph (a)(v), ‘Sustainable Planning Act 2009’—omit, insert—Planning ActPart 20Amendment of Planning Regulation 201788Regulation amendedThis part amends the Planning Regulation 2017.89Amendment of s 17 (Assessment benchmarks that local categorising instruments may not be inconsistent with—Act, s 43)Section 17(b), ‘section 30(a)’—omit, insert—section 30(1)(a)90Amendment of sch 7, pt 3, s 5 (Operational work for taking or interfering with water)Schedule 7, part 3, section 5(2)(b)—omit, insert—

(b)is—

(i)prescribed as not assessable development under the Water Act, section 39(f); or

(ii)particular operational work that complies with the requirements prescribed under the Water Act, section 1014(2)(g).

91Amendment of sch 7, pt 3, s 11 (Operational work relating to levees)Schedule 7, part 3, section 11(1), ‘section 99’—omit, insert—section 101A92Amendment of sch 8 (Assessment manager for development applications)(1)Schedule 8, table 1, item 2—omit, insert—2If the development application is for building work only and—(a)all or part of the building work must be assessed against the building assessment provisions; and(b)a private certifier (class A) is, under the Building Act, section 48, performing functions for the applicationThe private certifier(2)Schedule 8—insert—Table 1AColumn 1Development application typeColumn 2Assessment managerParticular building work assessable against a local instrument1If the development application is for building work or part of building work and—(a)the building work or part must be assessed against a local instrument; and(b)the matters in the local instrument that the building work or part must be assessed against include matters other than—(i)the building assessment provisions; and(ii)the matters mentioned in schedule 9, part 3, division 2; and(c)the building work or part is completely in a single local government area; and(d)the development application is not a development application mentioned in table 1, item 1The local government 2If the development application is for building work or part of building work and—(a)the building work or part must be assessed against a local instrument; and(b)the building work or part requires impact assessment; and(c)the building work or part is completely in a single local government area; and(d)the development application is not a development application mentioned in table 1, item 1The local government (3)Schedule 8, table 2, item 1, column 1, paragraphs (a) to (e)—renumber as (b) to (f). (4)Schedule 8, table 2, column 1, item 1—insert—

(a)building work that is completely in a single local government area and—

(i)all or part of the building work must be assessed against the building assessment provisions; and

(ii)the local government is receiving, assessing and deciding the application under the Building Act 1975, section 51; or

(5)Schedule 8, table 2, column 1, item 1, paragraph (b) as renumbered, ‘development completely’—omit, insert—development, other than building work, completely(6)Schedule 8, table 2, column 1, item 1, paragraph (b)(i) as renumbered—omit.(7)Schedule 8, table 2, column 1, item 1, paragraph (b)(ii) to (v) as renumbered—renumber as schedule 8, table 2, column 1, item 1, paragraph (b)(i) to (iv).93Amendment of sch 10, pt 19, div 1, sdiv 2, s 29 (Assessable development—operational work that involves taking or interfering with water)Schedule 10, part 19, division 1, subdivision 2, section 29(c) and (d)—omit, insert—

(c)taking or interfering with underground water through a subartesian bore, if—

(i)the works are prescribed as assessable development under the Water Act, section 39(f); or

(ii)the work does not comply with the requirements that are prescribed under the Water Act, section 1014(2)(g) for the work to be characterised as accepted development;

(d) taking overland flow water, if—

(i)the works are prescribed as assessable development under the Water Act, section 39(f); or

(ii)the work does not comply with the requirements that are prescribed under the Water Act, section 1014(2)(g) for the work to be characterised as accepted development.

Part 21Amendment of Prostitution Regulation 201494Regulation amendedThis part amends the Prostitution Regulation 2014.95Replacement of s 25 (IDAS code)Section 25—omit, insert—25Assessment benchmarks for Planning Act—Act, s 140(2)(f)(1)This section applies to a development application for, or change application relating to, assessable development that is a material change of use of premises for a brothel, if a local government is the assessment manager or responsible entity under the Planning Act for the application.(2)The code in schedule 3 sets out the assessment benchmarks against which the local government must assess the assessable development.(3)In this section—assessable development means development categorised as assessable development under the Planning Act.96Amendment of sch 3, hdg (Code for IDAS for assessing development application)Schedule 3, heading—omit, insert—Schedule 3Code setting out assessment benchmarks97Omission of sch 3, s 1 (Application of code)Schedule 3, section 1—omit.98Amendment of sch 3, s 2 (Definitions)Schedule 3, section 2, definitions infrastructure and planning instrument—omit, insert—infrastructure see the Planning Act, schedule 2.planning instrument see the Planning Act, section 8(1).99Renumbering of sch 3, ss 2–4Schedule 3, sections 2 to 4—renumber as schedule 3, sections 1 to 3.Part 22Amendment of Queensland Building and Construction Commission Regulation 2003100Regulation amendedThis part amends the Queensland Building and Construction Commission Regulation 2003.101Amendment of sch 1AA, s 33 (Particular work performed personally by the owner of land)Schedule 1AA, section 33(1)(b), from ‘Sustainable’ to ‘exempt’—omit, insert—Planning Act, accepted102Amendment of sch 2C, pt 2, div 2, sdiv 2, s 7 (Assistance for completion of work)Schedule 2C, part 2, division 2, subdivision 2, section 7(7), definition relevant law, paragraph (b)—omit, insert—

(b)the Planning Act.

Part 23Amendment of Queensland Heritage Regulation 2015103Regulation amendedThis part amends the Queensland Heritage Regulation 2015.104Replacement of s 7 (Code for IDAS—Act, s 121)Section 7—omit, insert—7Assessing development applications—Act, s 121(1)Subsection (2) applies to a development application for, or a change application relating to, assessable development on a local heritage place on a local heritage register, if a local government is the assessment manager or responsible entity under the Planning Act for the application.(2)The code in schedule 2 sets out the assessment benchmarks against which the local government must assess the assessable development.(3)Subsection (4) applies to a change application relating to assessable development on a local heritage place on a local heritage register, if a local government is a referral agency for the application.(4)The local government must assess the development application against the assessment benchmarks set out in the code in schedule 2.(5)However, this section does not apply if—

(a)the local heritage place is also a State heritage place; or

(b)the local government’s planning scheme applies, adopts or incorporates the local heritage register.

(6)In this section—assessable development means development categorised as assessable development under the Planning Act.105Amendment of sch 2, hdg (Code for IDAS)Schedule 2, heading, ‘for IDAS’—omit, insert—setting out assessment benchmarks106Omission of sch 2, pt 1, s 1 (Application of code)Schedule 2, part 1, section 1—omit.107Amendment of sch 2, pt 1, s 2 (Purpose of code)Schedule 2, part 1, section 2(2)—omit, insert—(2)In considering whether there is no prudent and feasible alternative to the demolition or removal of a local heritage place, the local government that is the assessment manager or responsible entity under the Planning Act for the assessable development must have regard to—

(a)safety, health and economic considerations; and

(b)any other matter the local government considers relevant.

108Renumbering of sch 2, ss 2–3Schedule 2, sections 2 and 3—renumber as schedule 2, sections 1 and 2.Part 24Amendment of Regional Planning Interests Regulation 2014109Regulation amendedThis part amends the Regional Planning Interests Regulation 2014.110Amendment of sch 2, pt 3, s 6 (Required outcome)Schedule 2, part 3, section 6, ‘Sustainable Planning Act 2009’—omit, insert—Planning Act111Amendment of sch 6 (Dictionary)Schedule 6, definition Cape York strategic environmental area—omit, insert—Cape York strategic environmental area means the part of Cape York Peninsula that is identified as the Cape York region under the Planning Regulation 2017, schedule 1.Part 25Amendment of Rural and Regional Adjustment Regulation 2011112Regulation amendedThis part amends the Rural and Regional Adjustment Regulation 2011.113Amendment of sch 2, pt 1, s 1 (Definitions for sch 2)Schedule 2, part 1, section 1, definition development—omit, insert—development see the Planning Act 2016, schedule 2.114Amendment of sch 3, s 1 (Definitions for sch 3)Schedule 3, section 1, definition development—omit, insert—development see the Planning Act 2016, schedule 2.115Amendment of sch 21, pt 1, s 3 (Definitions for sch 21)Schedule 21, part 1, section 3, definition development—omit, insert—development see the Planning Act 2016, schedule 2.116Amendment of sch 23, pt 1, s 4 (Meaning of eligible disaster)Schedule 23, part 1, section 4(3), definition development—omit, insert—development see the Planning Act 2016, schedule 2.Part 26Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Regulation 2010117Regulation amendedThis part amends the South-East Queensland Water (Distribution and Retail Restructuring) Regulation 2010.118Omission of pt 6 (Relevant day)Part 6—omit.Part 27Amendment of Standard Plumbing and Drainage Regulation 2003119Regulation amendedThis part amends the Standard Plumbing and Drainage Regulation 2003.120Amendment of s 29B (Rectification notices for inspections under s 29A or the Act, s 87(8))Section 29B(7), note, from ‘Sustainable’—omit, insert—Planning Act, chapter 6.121Amendment of sch 6 (Dictionary)Schedule 6, definition local planning instrument—omit, insert—local planning instrument see the Planning Act, section 8(3).Part 28Amendment of State Development and Public Works Organisation Regulation 2010122Regulation amendedThis part amends the State Development and Public Works Organisation Regulation 2010.123Amendment of sch 1, s 5 (Other approvals and conditions)Schedule 1, section 5(1)(a), ‘Sustainable Planning Act 2009’—omit, insert—Planning ActPart 29Amendment of State Penalties Enforcement Regulation 2014124Regulation amendedThis part amends the State Penalties Enforcement Regulation 2014.125Amendment of sch 1 (Infringement notice offences and fines for nominated laws)(1)Schedule 1, entry for Sustainable Planning Act 2009—omit.(2)Schedule 1—insert—Planning Act 2016Column 1Infringement notice offenceColumn 2Infringement notice fine (penalty units)IndividualCorporations 163(1)1If—(a)the assessable development carried out is clearing development; and(b)the land on which the development was carried out was in an area of high nature conservation value; and(c)the area of native vegetation on the land that is cleared is—•less than ¹/₈ hectare55•at least ¹/₈ hectare but less than ¹/₂ hectare1010•at least ¹/₂ hectare but less than 2 hectares20202If—(a)the assessable development carried out is clearing development; and(b)the land on which the development was carried out was in an area vulnerable to land degradation; and(c)the area of native vegetation on the land that is cleared is—•less than ¹/₈ hectare55•at least ¹/₈ hectare but less than ¹/₂ hectare1010•at least ¹/₂ hectare but less than 2 hectares20203If—(a)the assessable development carried out is clearing development; and(b)the land on which the development was carried out was in an endangered regional ecosystem or an area shown on a PMAV as a category A area; and(c)the area of native vegetation on the land that is cleared is—•less than ¹/₈ hectare55•at least ¹/₈ hectare but less than ¹/₂ hectare1010•at least ¹/₂ hectare but less than 2 hectares20204If—(a)the assessable development carried out is clearing development; and(b)the land on which the development was carried out was in an of concern regional ecosystem; and(c)the area of native vegetation on the land that is cleared is—•less than ¹/₈ hectare55•at least ¹/₈ hectare but less than ¹/₂ hectare99•at least ¹/₂ hectare but less than 2 hectares1616•at least 2 hectares but less than 5 hectares20205If—(a)the assessable development carried out is clearing development; and(b)the land on which the development was carried out was in a least concern regional ecosystem or an area shown on a PMAV as a category C area or category R area; and(c)the area of native vegetation on the land that is cleared is—•less than ¹/₈ hectare55•at least ¹/₈ hectare but less than ¹/₂ hectare88•at least ¹/₂ hectare but less than 2 hectares1212•at least 2 hectares but less than 5 hectares1515•at least 5 hectares but less than 10 hectares20206If the assessable development carried out—(a)is assessable development, other than clearing development, in a local government area; and(b)is the clearing of vegetation 557If the assessable development carried out—(a)is assessable development under the Fisheries Act 1994; and(b)relates to aquaculture, a declared fish habitat area or is the removal, damage or destruction of marine plants 10108If the assessable development carried out is building work—(a)for, or for an alteration to, a class 1 building under the Building Code; or77(b)for, or for an alteration to, a class 10 building or structure under the Building Code449If the assessable development is on a Queensland heritage place, or local heritage place, under the Queensland Heritage Act 19922010010If paragraphs 1 to 9 do not apply 20100s 16411For a contravention of a condition—(a)in a development approval for development that is clearing development; and(b)that relates to the clearing of native vegetation; and(c)that does not relate to the actual clearing of native vegetation5512For a contravention of a condition—(a)in a development approval for development that is clearing development; and(b)that relates to the actual clearing of native vegetation in an area of high nature conservation value—•if the area cleared is less than ¹/₈ hectare 55•if the area cleared is at least ¹/₈ hectare but less than ¹/₂ hectare1010•if the area cleared is at least ¹/₂ hectare but less than 2 hectares 202013For a contravention of a condition—(a)in a development approval for development that is clearing development; and(b)that relates to the actual clearing of native vegetation in an area vulnerable to land degradation—•if the area cleared is less than ¹/₈ hectare55•if the area cleared is at least ¹/₈ hectare but less than ¹/₂ hectare1010•if the area cleared is at least ¹/₂ hectare but less than 2 hectares 202014For a contravention of a condition—(a)in a development approval for development that is clearing development; and(b)that relates to the actual clearing of native vegetation in an endangered regional ecosystem or an area shown on a PMAV as a category A area—•if the area cleared is less than ¹/₈ hectare 55•if the area cleared is at least ¹/₈ hectare but less than ¹/₂ hectare1010•if the area cleared is at least ¹/₂ hectare but less than 2 hectares 202015For a contravention of a condition—(a)in a development approval for development that is clearing development; and(b)that relates to the actual clearing of native vegetation in an of concern regional ecosystem—•if the area cleared is less than ¹/₈ hectare 55•if the area cleared is at least ¹/₈ hectare but less than ¹/₂ hectare99•if the area cleared is at least ¹/₂ hectare but less than 2 hectares 1616•if the area cleared is at least 2 hectares but less than 5 hectares 202016For a contravention of a condition—(a)in a development approval for development that is clearing development; and(b)that relates to the actual clearing of native vegetation in a least concern regional ecosystem or an area shown on a PMAV as a category C area or category R area—•if the area cleared is less than ¹/₈ hectare55•if the area cleared is at least ¹/₈ hectare but less than ¹/₂ hectare88•if the area cleared is at least ¹/₂ hectare but less than 2 hectares 1212•if the area cleared is at least 2 hectares but less than 5 hectares 1515•if the area cleared is at least 5 hectares but less than 10 hectares 202017For a contravention of a condition—(a)in a development approval for assessable development, under a planning scheme, that is not clearing development; and(b)that relates to the clearing of vegetation5518For a contravention of a condition in a development approval for development that—(a)is assessable development under the Fisheries Act 1994; and(b)relates to aquaculture, a declared fish habitat area or is the removal, damage or destruction of marine plants101019If paragraphs 11 to 18 do not apply 20100s 1651050s 166(7)20100s 168(5)20If the enforcement notice relates to the clearing of native vegetation on prescribed land under the Planning Regulation 2016, schedule 10, part 3, division 1, section 5202021If the enforcement notice relates to noncompliance with the Building Act 1975, section 220, by an owner of a budget accommodation building52522If paragraph 20 or 21 do not apply20100s 168(7)23If the enforcement notice relates to the clearing of native vegetation on prescribed land under the Planning Regulation 2016, schedule 10, part 3, division 1, section 5101024If the enforcement notice relates to noncompliance with the Building Act 1975, section 220, by an owner of a budget accommodation building525s 226(1)1050Administering authority for an infringement notice offence that is an offence against a provision of the Planning Act 2016, or an infringement notice about the offence—

(a)for an infringement notice served by an employee of a local government appointed, under an Act, as an authorised officer—the local government; or

(b)for an infringement notice served by an authorised person appointed under the Coastal Protection and Management Act 1995—the department in which that Act is administered; or

(c)for an infringement notice served by an authorised person appointed under the Environmental Protection Act 1994—the department in which that Act is administered; or

(d)for an infringement notice served by an inspector appointed under the Fisheries Act 1994—the department in which that Act is administered; or

(e)for an infringement notice served by an authorised person appointed under the Queensland Heritage Act 1992—the department in which that Act is administered; or

(f)for an infringement notice served by an authorised person appointed under the Vegetation Management Act 1999—the department in which that Act is administered

Authorised person for service of infringement notices—

(a)an employee of a local government appointed as an authorised person under the City of Brisbane Act 2010, section 199 or the Local Government Act 2009, section 202, for an offence against—

(i)section 163(1) as limited by the descriptions relating to that section in column 1, paragraphs 6 to 10; or

(ii)section 164 as limited by the descriptions relating to that section in column 1, paragraphs 17 and 19; or

(iii)section 165; or

(iv)section 168(5) as limited by the descriptions relating to that section in column 1, paragraphs 21 and 22; or

(v)section 168(7) as limited by the description relating to that section in column 1, paragraph 24; or

(vi)section 226(1); or

(b)an authorised person appointed under the Coastal Protection and Management Act 1995, section 125, for an offence against—

(i)section 163(1) as limited by the description relating to that section in column 1, paragraph 10; or

(ii)section 164 as limited by the description relating to that section in column 1, paragraph 19; or

(iii)section 166(7), if the offence relates to tidal works; or

(iv)section 168(5) as limited by the description relating to that section in column 1, paragraph 22; or

(c)an authorised person appointed under the Environmental Protection Act 1994, section 445, for an offence against—

(i)section 163(1) as limited by the description relating to that section in column 1, paragraph 10; or

(ii)section 164 as limited by the description relating to that section in column 1, paragraph 19; or

(iii)section 168(5) as limited by the description relating to that section in column 1, paragraph 22; or

(d)an inspector appointed under the Fisheries Act 1994, section 140, for an offence against—

(i)section 163(1) as limited by the description relating to that section in column 1, paragraph 7; or

(ii)section 164 as limited by the description relating to that section in column 1, paragraph 18; or

(e)an authorised person appointed under the Queensland Heritage Act 1992, section 125, for an offence against—

(i)section 163(1); or

(ii)section 164 as limited by the description relating to that section in column 1, paragraph 19; or

(iii) section 166(7), if the offence relates to a Queensland heritage place or local heritage place; or

(iv)section 168(5) as limited by the description relating to that section in column 1, paragraph 22; or

(f)an authorised officer appointed under the Vegetation Management Act 1999, section 24, for an offence against—

(i)section 163(1) as limited by the descriptions relating to that section in column 1, paragraphs 1 to 5; or

(ii)section 164 as limited by the descriptions relating to that section in column 1, paragraphs 11 to 16; or

(iii)section 168(5) as limited by the description relating to that section in column 1, paragraph 20; or

(iv)section 168(7) as limited by the description relating to that section in column 1, paragraph 23

126Amendment of sch 2 (Dictionary)(1)Schedule 2—insert—native vegetation means vegetation under the Vegetation Management Act 1999.(2)Schedule 2, definition clearing development, from ‘Sustainable’—omit, insert—Planning Regulation 2017, schedule 10, part 3.(3)Schedule 2, definition small building site, from ‘Sustainable’—omit, insert—Planning Act 2016, schedule 2 is being carried out.Part 30Amendment of Transport Infrastructure (Public Marine Facilities) Regulation 2011127Regulation amendedThis part amends the Transport Infrastructure (Public Marine Facilities) Regulation 2011.128Amendment of s 38 (Mooring approval)Section 38(6), definition relevant State managed boat harbour, paragraph (b), ‘under the Sustainable Planning Act 2009’—omit.Part 31Amendment of Transport Planning and Coordination Regulation 2005129Regulation amendedThis part amends the Transport Planning and Coordination Regulation 2005.130Replacement of pt 2 (Code for IDAS)Part 2—omit, insert—Part 2Code for road works on local government roads3Code for road works on local government roads—Act, s 8CThe code in the schedule is the code about road works on local government roads for section 8C(2) of the Act.131Amendment of schedule, hdg (Code for IDAS)Schedule, heading ‘Code for IDAS’—omit, insert—Code for road works on local government roads132Amendment of schedule, pt 1, s 2 (Definitions)Schedule, part 1, section 2, definition identified local government road, ‘for IDAS’—omit, insert—prescribed by regulation for that sectionPart 32Amendment of Uniform Civil Procedure (Fees) Regulation 2009133Regulation amendedThis part amends the Uniform Civil Procedure (Fees) Regulation 2009.134Insertion of new pt 2, div 2AAfter section 5—insert—Division 2APlanning and Environment Court5AA Fees for Planning and Environment CourtSchedule 2A applies for the Planning and Environment Court and sets out the fees payable for proceedings in the Planning and Environment Court.135Insertion of new sch 2AAfter schedule 2—insert—Schedule 2APlanning and Environment Court feessection 5AA$1Filing a notice of appeal—(a)if there is only 1 party initiating the appeal and the party is an individual, or if there is more than 1 party initiating the appeal and they are all individuals 610.90(b)otherwise 1,209.352Filing an originating application—Planning and Environment Court Rules 2010, rule 6—(a)if there is only 1 applicant and the applicant is an individual, or if there is more than 1 applicant and all the applicants are individuals 610.90(b)otherwise 1,209.353Issuing a certificate on a final judgment, order, finding or decision 64.454Filing a document (the first document), other than any subsequent document relating to the first document, for which no other fee is provided 92.755Issuing a copy of a record of the court, a document or exhibit filed in the registry or reasons for judgment—(a)first copy—each page 2.50(b)maximum fee for first copy 68.50(c)additional copy—each page 0.56(d)maximum fee for additional copy 27.106Opening or keeping open the registry after hours 502.757Searching the record in an appeal or other proceeding—for each name or file 24.008Attending a view—(a)for each hour or part of an hour 106.85(b)but not more than, for each day 534.709Making an appointment for assessment of a costs statement 106.8510Assessing a costs statement—for each $100 or part of $100 allowed 12.85Part 33Amendment of Vegetation Management Regulation 2012136Regulation amendedThis part amends the Vegetation Management Regulation 2012.137Amendment of pt 2, hdg (Approval of self-assessable codes)Part 2, heading, ‘self-assessable codes’—omit, insert—accepted development vegetation clearing codes138Amendment of s 3 (Approval of self-assessable vegetation clearing codes—Act, s 19P)Section 3, ‘self-assessable’—omit, insert—accepted development139Omission of s 11 (Matters prescribed for property vegetation management plan)Section 11—omit.140Amendment of sch 8 (Dictionary)Schedule 8, definition key resource area—omit.Part 34Amendment of Waste Reduction and Recycling Regulation 2011141Regulation amendedThis part amends the Waste Reduction and Recycling Regulation 2011.142Amendment of sch 9 (Dictionary)(1)Schedule 9, definition development approval—omit, insert—development approval means a development approval under the Planning Act 2016.(2)Schedule 9, definition development condition, paragraph 1, from ‘requirement of’ to ‘approval.’—omit, insert—requirement of—

(a)the administering authority under the Environmental Protection Act; or

(b)the chief executive of the department in which the Planning Act 2016 is administered, as the assessment manager or a referral agency for the application for the approval.

Part 35Amendment of Water Plan (Border Rivers) 2003143Plan amendedThis part amends the Water Plan (Border Rivers) 2003.144Amendment of s 17 (Application of div 2)Section 17(c)—omit, insert—

(c)under the Planning Act; or

145Amendment of s 33 (Decisions about taking overland flow water)(1)Section 33(1), ‘or the Sustainable Planning Act 2009’—omit.(2)Section 33(1)—insert—Note—See the Planning Regulation 2017, schedule 7, section 5 and schedule 10, section 29 for how the Planning Act regulates operational work involving taking overland flow water.Part 36Amendment of Water Plan (Calliope River Basin) 2006146Plan amendedThis part amends the Water Plan (Calliope River Basin) 2006.147Amendment of s 14 (Decisions about taking overland flow water)(1)Section 14(1), ‘or the Sustainable Planning Act 2009’—omit.(2)Section 14(1)—insert—Note—See the Planning Regulation 2017, schedule 7, section 5 and schedule 10, section 29 for how the Planning Act regulates operational work involving taking overland flow water.Part 37Amendment of Water Plan (Condamine and Balonne) 2004148Plan amendedThis part amends the Water Plan (Condamine and Balonne) 2004.149Amendment of s 16 (Application of div 2)Section 16(c)—omit, insert—

(c)under the Planning Act; or

150Amendment of s 45 (Decisions about taking overland flow water)(1)Section 45(1), ‘or the Sustainable Planning Act 2009’—omit.(2)Section 45(1)—insert—Note—See the Planning Regulation 2017, schedule 7, section 5 and schedule 10, section 29 for how the Planning Act regulates operational work involving taking overland flow water.Part 38Amendment of Water Plan (Georgina and Diamantina) 2004151Plan amendedThis part amends the Water Plan (Georgina and Diamantina) 2004.152Amendment of s 9 (Decisions about taking water)Section 9(2)(c)—omit, insert—

(c)under the Planning Act; or

153Amendment of s 10 (Limitation on taking overland flow water—Act, s 20(2))Section 10, heading, ‘—Act, s 20(2)’—omit.154Amendment of s 11 (Decisions about taking overland flow water)(1)Section 11(1), ‘or the Sustainable Planning Act 2009’—omit.(2)Section 11(1)—insert—Note—See the Planning Regulation 2017, schedule 7, section 5 and schedule 10, section 29 for how the Planning Act regulates operational work involving taking overland flow water.Part 39Amendment of Water Plan (Gold Coast) 2006155Plan amendedThis part amends the Water Plan (Gold Coast) 2006.156Amendment of sch 11 (Dictionary)(1)Schedule 11, definition SEQ regional plan—omit.(2)Schedule 11—insert—SEQ regional plan means the regional plan under the Planning Act for the region named the SEQ region under the Planning Regulation 2017.Part 40Amendment of Water Plan (Great Artesian Basin) 2006157Plan amendedThis part amends the Water Plan (Great Artesian Basin) 2006.158Amendment of sch 6 (Dictionary) Schedule 6, definition works replacing works—omit.Part 41Amendment of Water Plan (Logan Basin) 2007159Plan amendedThis part amends the Water Plan (Logan Basin) 2007.160Amendment of sch 13 (Dictionary)(1)Schedule 13, definitions SEQ region and SEQ regional plan—omit.(2)Schedule 13—insert—SEQ regional plan means the regional plan under the Planning Act for the region named the SEQ region under the Planning Regulation 2017.Part 42Amendment of Water Plan (Mary Basin) 2006161Plan amendedThis part amends the Water Plan (Mary Basin) 2006.162Amendment of sch 12 (Dictionary)Schedule 12, definition SEQ regional plan—omit, insert—SEQ regional plan means the regional plan under the Planning Act for the region named the SEQ region under the Planning Regulation 2017.Part 43Amendment of Water Plan (Moonie) 2003163Plan amendedThis part amends the Water Plan (Moonie) 2003.164Amendment of s 17 (Application of div 2)Section 17(c)—omit, insert—

(c)under the Planning Act; or

165Amendment of s 33 (Decisions about taking overland flow water)(1)Section 33(1), ‘or the Sustainable Planning Act 2009’—omit.(2)Section 33(1)—insert—Note—See the Planning Regulation 2017, schedule 7, section 5 and schedule 10, section 29 for how the Planning Act regulates operational work involving taking overland flow water.Part 44Amendment of Water Plan (Moreton) 2007166Plan amendedThis part amends the Water Plan (Moreton) 2007.167Amendment of s 85 (Limitation on taking overland flow water—Act, s 20(2))(1)Section 85, heading, ‘—Act, s 20(2)’—omit.(2)Section 85(1)(c), ‘, within the meaning of the SEQ regional plan,’—omit.168Amendment of sch 15 (Dictionary)(1)Schedule 15, definition SEQ regional plan—omit.(2)Schedule 15—insert—SEQ regional plan means the regional plan under the Planning Act for the region named the SEQ region under the Planning Regulation 2017.water sensitive design means water sensitive urban design within the meaning of the document titled ‘South East Queensland Regional Plan 2009-2031’ prepared by the Regional Planning Minister and dated July 2009. (3)Schedule 15, definition allowable urban purpose, paragraph (a), ‘, within the meaning of the SEQ regional plan,’—omit.Part 45Amendment of Water Plan (Warrego, Paroo, Bulloo and Nebine) 2016169Plan amendedThis part amends the Water Plan (Warrego, Paroo, Bulloo and Nebine) 2016.170Amendment of s 18 (Application of this chapter)Section 18, from ‘than a decision’ to ‘authority’—omit, insert—than a decision about a water permit171Amendment of sch 6 (Dictionary)Schedule 6, definitions Planning Act and Planning Regulation—omit.Part 46Amendment of Water Regulation 2016172Regulation amendedThis part amends the Water Regulation 2016.173Replacement of ss 98 and 99 Sections 98 and 99—omit, insert—98Works that are or are not assessable development—Act, s 39(f) (1)For section 39(f) of the Act, the following works are to be regulated as assessable development—

(a)works for taking overland flow water that are in an area mentioned in schedule 9, part 1, column 1;

(b)works for taking underground water through a subartesian bore that are in an area mentioned in schedule 9, part 2, column 1;Note—For the regulation of works for taking or interfering with underground water through an artesian bore, other than through a water monitoring bore, see the Planning Regulation 2017.

(c)works for interfering with underground water that are in an area mentioned in schedule 9, part 3, column 1.

(2)However—

(a)the works mentioned in schedule 9, part 1, column 2 or part 2, column 2 are to be regulated as assessable development only to the extent the operational work to which the works relate does not comply with the requirements for the work mentioned in section 99(2); and

(b)the following works are not to be regulated as assessable development—

(i)works mentioned in subsection (1) relating to PDA-related development;

(ii)works mentioned in schedule 9, part 1, column 3, part 2, column 3 or part 3, column 2.

(3)In this section—PDA-related development see the Planning Regulation 2017, schedule 24.99Requirements for accepted development for operational work for taking water—Act, s 1014(2)(g) (1)This section applies to operational work involving works that are—

(a)in an area mentioned in schedule 9, part 1, column 1 or part 2, column 1; and

(b)mentioned in schedule 9, part 1, column 2 or part 2, column 2, opposite the area; and

(c)not of a type mentioned in schedule 9, part 1, column 3 or part 2, column 3, opposite the area.

(2)For section 1014(2)(g) of the Act, to be categorised as accepted development—

(a)operational work involving taking overland water must comply with the requirements applying to the work mentioned in the following documents—

(i)the ‘Code for self-assessable development for stock and domestic purposes’;

(ii)the ‘Code for self-assessable development for taking overland flow water using limited capacity works’;

(iii)the ‘Code for self-assessable development for taking overland flow water to satisfy the requirements of an environmental authority or a development permit for carrying out an environmentally relevant activity’; and

(b)operational work involving taking underground water must comply with the requirements applying to the work mentioned in the following documents—

(i)the ‘Code for the self-assessable development of artesian bores’;

(ii)the ‘Code for self-assessable development of replacement bores’.

(3)A reference in this section to a code by name is a reference to the document of that name made by the chief executive and published on the department’s website or on the Queensland government business and industry portal.174Insertion of new s 101APart 10, division 2—insert—101ARequirements for accepted development for category 1 levees—Act, s 1014(2)(g) (1)This section applies to operational work that is—

(a)the construction of a new category 1 levee; or

(b)the modification of an existing levee if, after the modification, the levee will be a category 1 levee.

(2)For section 1014(2)(g) of the Act, to be categorised as accepted development the operational work must comply with the requirements stated in the levee code. (3)In this section—levee code means the ‘Self-assessable code for the construction of new levees or the modification of existing levees’ made by the chief executive and published on the department’s website or on the Queensland government business and industry portal.175Replacement of s 102 (Code for IDAS for development applications for construction or modification of particular levees—Act, s 967)Section 102—omit, insert—102Assessment benchmarks for particular levees—Act, s 967(2)(1)This section applies to a development application for, or change application relating to, the following assessable development, if a local government is the assessment manager or responsible entity under the Planning Act for the application—

(a)operational work for the construction of a new category 2 levee or category 3 levee;

(b)operational work for the modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee or category 3 levee.

(2)For section 967(2) of the Act, the code in schedule 10 is an assessment benchmark under the Planning Act for assessing the development.176Amendment of s 106 (Approved meter—Act, sch 4, def approved meter)(1)Section 106(1)(d)(ii)(B)—omit, insert—

(B)if the works are accepted development—in accordance with any requirements provided for in this regulation with which the works must comply to be categorised as accepted development; and

(2)Section 106(1)(d)(iii)(B)—omit, insert—

(B)if the works to which the meter is attached are accepted development—in accordance with any requirements provided for in this regulation with which the works must comply to be categorised as accepted development.

177Amendment of s 127 (Conditions of water bore driller’s licence—Act, s 983A)Section 127(c) and (d)—omit, insert—

(c)if a development approval is required to carry out particular water bore drilling activities, the licence holder must see the approval and carry out the activities in accordance with the approval;

(d)development that is operational work involving works for taking or interfering with underground water through a subartesian bore must comply with the requirements provided for in section 99(2) to the extent the requirements apply to the work;

178Amendment of s 139 (Declared underground water areas—Act, s 1046)(1)Section 139(5), ‘under the Sustainable Planning Act 2009’—omit.(2)Section 139(5), note, ‘Sustainable Planning Regulation 2009’—omit, insert—Planning Regulation 2017179Amendment of sch 9 (Self-assessable development or assessable development)(1)Schedule 9, heading—omit, insert—Schedule 9Assessable development or accepted development(2)Schedule 9, parts 1 and 2, ‘Works that are self-assessable development’—omit, insert—Works that are accepted development if relevant requirements complied with(3)Schedule 9, part 1, entry for Water Plan (Warrego, Paroo, Bulloo and Nebine) 2016 plan area, column 2, ‘Works for prescribed activities mentioned in schedule 3’—relocate to schedule 9, part 1, entry for Water Plan (Warrego, Paroo, Bulloo and Nebine) 2016 plan area, column 3.(4)Schedule 9, part 3—omit, insert—Part 3Works that interfere with underground waterColumn 1Column 2Area or groundwaterunitWorks that are not assessable developmentWater Plan (Pioneer Valley) 2002 plan areaAn excavation that interferes with underground water, other than an excavation in sub-area 3, 15, 16 or 17180Amendment of sch 10, hdg (Code for IDAS for development applications for construction or modification of particular levees)Schedule 10, heading, ‘Code for IDAS for development applications’—omit, insert—Code for assessment of development181Amendment of sch 10, s 1 (Application of code)Schedule 10, section 1(1), from ‘a development application’ to ‘that is’—omit, insert—assessable development for182Amendment of sch 19 (Dictionary)Schedule 19, definition replacement water bore, paragraph (a)(i)(C), ‘Sustainable’—omit, insert—repealed SustainablePart 47Amendment of Wet Tropics Management Plan 1998183Plan amendedThis part amends the Wet Tropics Management Plan 1998.184Amendment of s 67 (Definitions for pt 5)Section 67, definition court—omit, insert—court means the Planning and Environment Court.Part 48Amendment of Wine Industry Regulation 2009185Regulation amendedThis part amends the Wine Industry Regulation 2009.186Amendment of s 2 (Particulars to be included in application for licence—Act, s 7(1)(b))Section 2(2), definition planning scheme, ‘Sustainable Planning Act 2009’—omit, insert—Planning Act 2016