1Short titleThis regulation may be cited as the Planning (Container Refund Scheme) Amendment Regulation 2018.2Regulation amendedThis regulation amends the Planning Regulation 2017.3Insertion of new pt 3AAfter part 3—insert—Part 3AMinor changes of use17AMinor changes of use—Act, s 284For section 284(2)(a) of the Act, schedule 5A, parts 2 and 3 prescribes minor changes of use that are not a material change of use for particular premises.17BExpiry of provisionsThe following provisions expire on 1 May 2019—

(a)this part;

(b)schedules 5A and 5B;

(c)schedule 24, definitions change of use, commercial character building, container, container refund depot, container refund drop off, container refund scheme, operating hours, prescribed industrial premises, prescribed retail premises, refund amount, relevant industrial use, relevant retail use and retail use.

4Insertion of new schedules 5A and 5BAfter schedule 5—insert—Schedule 5AMinor changes of usesection 17APart 1Interpretation1Definitions for scheduleIn this schedule—change of use, of premises, means—

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

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

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

commercial character building means a building that is a commercial character building under the Brisbane City Plan 2014, made by the Brisbane City Council, as in force from time to time.operating hours means—

(a)for prescribed retail premises or premises to which section 3 applies—

(i)if a development approval in effect in relation to the premises states operating hours for the premises—the operating hours stated in the development approval; or

(ii)if subparagraph (i) does not apply and a planning scheme applying to the premises states operating hours for a relevant retail use on the premises—the operating hours for the relevant retail use stated in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—from 8a.m. to 5p.m. on a business day or a Saturday; or

(b)for prescribed industrial premises or premises to which section 5 applies—

(i)if a development approval in effect in relation to the premises states operating hours for the premises—the operating hours stated in the development approval; or

(ii)if subparagraph (i) does not apply and a planning scheme applying to the premises states operating hours for a relevant industrial use on the premises—the operating hours for the relevant industrial use stated in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—from 8a.m. to 5p.m. on a business day or a Saturday.

prescribed industrial premises see section 4(1).prescribed retail premises see section 2(1).refund amount see the Waste Reduction and Recycling Act 2011, section 99K.relevant industrial use, on premises, means—

(a)if the premises are being used for a medium impact industry—the medium impact industry; or

(b)otherwise—a low impact industry.

relevant retail use, on premises, means—

(a)if the premises are being used for a retail use—the retail use; or

(b)otherwise—a shop.

retail use means—

(a)a shop; or

(b)a shopping centre; or

(c)a showroom; or

(d)a service station.

Part 2Change of use of particular retail premises for container refund scheme2Change of use of prescribed retail premises for container refund scheme(1)This section applies to premises mentioned in schedule 5B, part 1, table, column 1 (the prescribed retail premises).(2)A change of use of the prescribed retail premises that involves a use mentioned in schedule 5B, part 1, table, column 2 for the premises is a minor change of use that is not a material change of use if—

(a)the use involves a person returning containers in exchange for the person or another person receiving a refund amount under the container refund scheme; and

(b)the use, other than the transfer of the containers from the premises, is carried out inside an existing building; and

(c)the return of the containers happens only during the operating hours for the premises; and

(d)the transfer by vehicle of the containers from the premises happens only—

(i)if a development approval in effect in relation to the premises states that goods may be transferred by vehicle from the premises only during a particular period—during that period; or

(ii)if subparagraph (i) does not apply and the planning scheme applying to the premises states that goods may be transferred by vehicle from a relevant retail use on the premises only during a particular period—during that period; or

(iii)if subparagraphs (i) and (ii) do not apply—during the operating hours for the premises; and

(e)the noise levels generated by the carrying out of all uses on the premises comply with—

(i)if a development approval in effect in relation to the premises includes a condition about noise levels on the premises—the condition; or

(ii)if subparagraph (i) does not apply and a local law includes a requirement about noise levels that applies to a relevant retail use on the premises—the requirement in the local law; or

(iii)if subparagraphs (i) and (ii) do not apply and the planning scheme applying to the premises includes a requirement about noise levels that applies to a relevant retail use on the premises—the requirement in the planning scheme; or

(iv)if subparagraphs (i) to (iii) do not apply—the acoustic quality objectives under the Environmental Protection (Noise) Policy 2008, schedule 1; and

(f)the number of car parking spaces on the premises—

(i)if a development approval in effect in relation to the premises contains a requirement about car parking spaces on the premises—complies with the requirement in the development approval; or

(ii) if subparagraph (i) does not apply and the planning scheme applying to the premises includes a requirement about car parking spaces for a relevant retail use on the premises—complies with the requirement in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—is 1 or more; and

(g)a notice has been given to the local government for the local government area in which the premises are located at least 10 business days before the change of use happens, stating—

(i)the address of the premises; and

(ii)the contact details of the person responsible for managing the use; and

(iii)a description of the existing use of the premises; and

(iv)a description of the change of use; and

(h)any approvals required under the Transport Infrastructure Act 1994, section 33 or 62 for a new or changed access between the premises and a State-controlled road are in effect.

3Change of use of other premises for container refund scheme(1)This section applies to premises, other than prescribed retail premises, that—

(a)are used for a retail use or contain a building that has been used for a commercial use; andExample of a building that has been used for a commercial use—a building that was used for a physiotherapy clinic or a shop but is currently vacant

(b)are included in—

(i)a centre zone under a local categorising instrument; or

(ii)a prescribed zone under a local categorising instrument; and

(c)are not a local heritage place or a State heritage place; and

(d)are not—

(i)within 25m of a State transport corridor; or

(ii)a future State transport corridor; or

(iii)adjacent to a road that intersects with a State-controlled road or within 100m of the intersection; and

(e)if the premises are used for a service station or are included in a prescribed zone under a local categorising instrument—are at least 150m from a residential zone; and

(f)if the premises are located in the local government area of the Brisbane City Council—do not contain a commercial character building.

(2)A change of use of the premises that involves the collection, counting, handling, sorting, aggregating, storing or transfer of containers for the container refund scheme is a minor change of use that is not a material change of use if—

(a)the use involves a person returning the containers in exchange for the person or another person receiving a refund amount under the container refund scheme; and

(b)the use, other than the transfer of the containers from the premises, is carried out inside an existing building; andExample of a use carried out inside an existing building—the collection of containers at a dedicated collection counter in an existing building that contains a shop

(c)the building does not contain a dwelling; and

(d)the return of containers happens only during the operating hours for the premises; and

(e)the transfer by vehicle of the containers from the premises happens only—

(i)if a development approval in effect in relation to the premises states that goods may be transferred by vehicle from the premises only during a particular period—during that period; or

(ii)if subparagraph (i) does not apply and the planning scheme applying to the premises states that goods may be transferred by vehicle from a relevant retail use on the premises only during a particular period—during that period; or

(iii)if subparagraphs (i) and (ii) do not apply—during the operating hours for the premises; and

(f)the noise levels generated by the carrying out of all uses on the premises comply with—

(i)if a development approval in effect in relation to the premises includes a condition about noise levels on the premises—the condition; or

(ii)if subparagraph (i) does not apply and a local law includes a requirement about noise levels that applies to a relevant retail use on the premises—the requirement in the local law; or

(iii)if subparagraphs (i) and (ii) do not apply and the planning scheme applying to the premises includes a requirement about noise levels that applies to a relevant retail use on the premises—the requirement in the planning scheme; or

(iv)if subparagraphs (i) to (iii) do not apply—the acoustic quality objectives under the Environmental Protection (Noise) Policy 2008, schedule 1; and

(g)the number of car parking spaces on the premises—

(i)if a development approval in effect in relation to the premises contains a requirement about car parking spaces on the premises—complies with the requirement in the development approval; or

(ii) if subparagraph (i) does not apply and the planning scheme applying to the premises includes a requirement about car parking spaces for a relevant retail use on the premises—complies with the requirement in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—is 1 or more; and

(h)a notice has been given to the local government for the local government area in which the premises are located at least 10 business days before the change of use happens, stating—

(i)the address of the premises; and

(ii)the contact details of the person responsible for managing the use; and

(iii)a description of the existing use of the premises; and

(iv)a description of the change of use.

(3)In this section—centre zone means—

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

(i)centre zone;

(ii)district centre zone;

(iii)local centre zone;

(iv)major centre zone;

(v)mixed use zone;

(vi)principal 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).

prescribed zone means—

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

(i)community facilities zone;

(ii)neighbourhood centre zone;

(iii)special purpose 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).

Part 3Change of use of particular industrial premises for container refund scheme4Change of use of prescribed industrial premises for container refund scheme(1)This section applies to premises mentioned in schedule 5B, part 2, table, column 1 (the prescribed industrial premises). (2)A change of use of the prescribed industrial premises that involves a use mentioned in schedule 5B, part 2, table, column 2 for the premises is a minor change of use that is not a material change of use if—

(a)the use involves a person returning containers in exchange for the person or another person receiving a refund amount under the container refund scheme; and

(b)the use, other than the transfer of the containers from the premises, is carried out inside an existing building; and

(c)the return of the containers happens only during the operating hours for the premises; and

(d)the transfer by vehicle of the containers from the premises happens only—

(i)if a development approval in effect in relation to the premises states that goods may be transferred by vehicle from the premises only during a particular period—during that period; or

(ii)if subparagraph (i) does not apply and the planning scheme applying to the premises states that goods may be transferred by vehicle from a relevant industrial use on the premises only during a particular period—during that period; or

(iii)if subparagraphs (i) and (ii) do not apply—during the operating hours for the premises; and

(e)the noise levels generated by the carrying out of all uses on the premises comply with—

(i)if a development approval in effect in relation to the premises includes a condition about noise levels on the premises—the condition; or

(ii)if subparagraph (i) does not apply and a local law includes a requirement about noise levels that applies to a relevant industrial use on the premises—the requirement in the local law; or

(iii)if subparagraphs (i) and (ii) do not apply and the planning scheme applying to the premises includes a requirement about noise levels that applies to a relevant industrial use on the premises—the requirement in the planning scheme; or

(iv)if subparagraphs (i) to (iii) do not apply—the acoustic quality objectives under the Environmental Protection (Noise) Policy 2008, schedule 1; and

(f)the number of car parking spaces on the premises—

(i)if a development approval in effect in relation to the premises contains a requirement about car parking spaces on the premises—complies with the requirement in the development approval; or

(ii) if subparagraph (i) does not apply and the planning scheme applying to the premises includes a requirement about car parking spaces for a relevant industrial use on the premises—complies with the requirement in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—is 1 or more; and

(g)a notice has been given to the local government for the local government area in which the premises are located at least 10 business days before the change of use happens, stating—

(i)the address of the premises; and

(ii)the contact details of the person responsible for managing the use; and

(iii)a description of the existing use of the premises; and

(iv)a description of the change of use; and

(h)any approvals required under the Transport Infrastructure Act 1994, section 33 or 62 for a new or changed access between the premises and a State-controlled road are in effect.

5Change of use of other premises for container refund scheme(1)This section applies to premises, other than prescribed industrial premises, that—

(a)are used for a low impact industry or a medium impact industry, or have been used for a commercial use or an industry activity; and

(b)are included in—

(i)an industry zone under a local categorising instrument; or

(ii)another area under a local categorising instrument, if the purpose of the area is to provide specifically for low impact industry or medium impact industry or both; andExample—a precinct under a local categorising instrument that is for the purpose of providing for a variety of low impact industries

(c)are not a local heritage place or a State heritage place; and

(d)are not—

(i)within 25m of a State transport corridor; or

(ii)a future State transport corridor; or

(iii)adjacent to a road that intersects with a State-controlled road or within 100m of the intersection; and

(e)if the premises are located in the local government area of the Brisbane City Council—do not contain a commercial character building.

(2)A change of use of the premises that involves the collection, receiving, sorting, counting, aggregating, storing, handling, distributing, crushing, compounding or transferring of containers for the container refund scheme is a minor change of use that is not a material change of use if—

(a)the use involves a person returning the containers in exchange for the person or another person receiving a refund amount under the container refund scheme; and

(b)the use, other than the transfer of the containers from the premises, is carried out inside an existing building; and

(c)the transfer by vehicle of the containers from the premises happens only—

(i)if a development approval in effect in relation to the premises states that goods may be transferred by vehicle from the premises only during a particular period—during that period; or

(ii)if subparagraph (i) does not apply and the planning scheme applying to the premises states that goods may be transferred by vehicle from a relevant industrial use on the premises only during a particular period—during that period; or

(iii)if subparagraphs (i) and (ii) do not apply—during the operating hours for the premises; and

(d)the return of containers happens only during the operating hours for the premises; and

(e)the number of car parking spaces on the premises—

(i)if a development approval in effect in relation to the premises contains a requirement about car parking spaces on the premises—complies with the requirement in the development approval; or

(ii) if subparagraph (i) does not apply and the planning scheme applying to the premises includes a requirement about car parking spaces for a relevant industrial use on the premises—complies with the requirement in the planning scheme; or

(iii)if subparagraphs (i) and (ii) do not apply—is 1 or more; and

(f)all of the uses on the premises comply with—

(i)if the premises are being used for a low impact industry—the thresholds for the activity mentioned in schedule 24, definition low impact industry, paragraph (c); or

(ii)if the premises are being used for a medium impact industry—the thresholds for the activity mentioned in schedule 24, definition medium impact industry, paragraph (c); or

(iii)if subparagraphs (i) and (ii) do not apply—the thresholds for the use mentioned in schedule 24, definition low impact industry, paragraph (c); and

(g)a notice has been given to the local government for the local government area in which the premises are located at least 10 business days before the change of use happens, stating—

(i)the address of the premises; and

(ii)the contact details of the person responsible for managing the use; and

(iii)a description of the existing use of the premises; and

(iv)a description of the change of use.

(3)In this section—industry zone means—

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

(i)low impact industry zone;

(ii)medium impact industry 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).

Schedule 5BPrescribed retail premises and prescribed industrial premisesschedule 5APart 1Prescribed retail premisesPremisesUseLot 17 on plan W75348container refund drop offLot 4 on plan WD6727container refund drop offLots 3 and 4 on RP13345container refund drop offLot 45 on RP203644container refund depotLot 89 on SP147971container refund depotLot 292 on SP236009container refund depotLot 660 on RP892974container refund drop offLot 2 on RP801024container refund drop offLot 22 on RP36989container refund drop offLot 1 on RP732245container refund drop offLot 10 on SP160051container refund drop offLot 1 on SP139501container refund drop offLots 0, 2, 4, 11 and 12 on GTP1626container refund drop offLot 3 on SP163203container refund drop offLots 0 and 17 on BUP7542container refund drop offLot 50 on SP144094container refund drop offLots 0 and 3 on SP106395container refund drop offLot 1 on RP199859container refund drop offLot 59 on RP849214container refund drop offLots 1 and 2 on RP807505container refund drop offLot 1 on RP734446container refund drop offLot 4 on SP188478container refund drop offLot 1 on RP866274container refund drop offLot 901 on SP156333container refund depotLot 3 on RP712002container refund drop offLot 6 on plan I28115container refund drop offLot 3 on SP182339container refund drop offLot 51 on SP289842container refund drop offLot 5 on RP21820container refund drop offLot 1 on RP192170container refund drop offLot 1 on SP125898container refund drop offLot 7 on RP167434container refund depotLot 11 on RP121394container refund drop offLot 25 on SP223783container refund depotLot 35 on CP846028container refund drop offLot 14 on SP201379container refund drop offLot 1 on RP151153container refund drop offLots 1 and 2 on RP701662container refund drop offLots 0 and 1 on GTP104418container refund drop offLots 1 and 27 on SP207160container refund drop offLot 1 on RP20097container refund drop offLot 68 on RP143578container refund drop offLot 5 on RP208585container refund drop offLot 120 on SP273615container refund depotLot 11 on RP147632container refund drop offLot 66 on plan B1586container refund drop offLot 12 on SP250128container refund drop offLots 5 and 6 on RP5889container refund drop offLot 21 on RP884200container refund drop offLot 22 on plan C198125container refund drop offLot 1 on RP160205container refund drop offLots 0 and 1 on GTP1843container refund drop offLot 1 on RP806451container refund drop offLot 1 on RP815069container refund drop offLot 3 on SP138208container refund drop offLots 0 and 1 on BUP10151container refund drop offLot 4 on RP127716container refund drop offLot 6 on SP216003container refund drop offPart 2Prescribed industrial premisesPremisesUseLots 2 to 4 on SP222811container refund depotLot 65 on SP254493container refund depotLot 1 on RP730661container refund depotLot 2 on SP142884container refund depotLot 2 on RP905780container refund depotLot 25 on RP161447container refund depotLots 1 to 4 on RP69713container refund depotLot 6 on RP146739container refund depotLots 1 to 4 on RP83497container refund depotLots 3, 4 and 25 to 30 on RP37692container refund depotLot 2 on RP178370container refund depotLot 5 on SP197874container refund drop offLot 10 on RP905843container refund drop offLot 408 on plan D1018container refund drop offLot 1 on MPH31732container refund depotLot 197 on SP159700container refund depotLot 2 on SP259642container refund drop offLots 4 and 16 on SP264152container refund drop offLot 6 on plan T118601container refund drop offLots 0 and 2 on GTP3987container refund drop offLot 7 on plan T118643container refund drop offLot 1 on RP176236container refund drop offLot 2 on RP209933container refund drop offLot 24 on SP118750container refund drop off5Amendment of sch 24 (Dictionary)Schedule 24—insert—change of use, for schedule 5A, see schedule 5A, part 1, section 1.commercial character building, for schedule 5A, see schedule 5A, part 1, section 1.container, in relation to the container refund scheme, see the Waste Reduction and Recycling Act 2011, section 99M.container refund depot means the use of premises for the collection, receiving, sorting, counting, aggregating, storing, handling, distributing, crushing, compounding or transferring of containers for the container refund scheme.container refund drop off means the collection, receiving, sorting, counting, aggregating, storing, handling or transferring of containers for the container refund scheme.container refund scheme see the Waste Reduction and Recycling Act 2011, schedule.operating hours, for schedule 5A, see schedule 5A, part 1, section 1.prescribed industrial premises see schedule 5A, part 3, section 4(1).prescribed retail premises see schedule 5A, part 2, section 2(1).refund amount, for schedule 5A, see schedule 5A, part 1, section 1.relevant industrial use, for schedule 5A, see schedule 5A, part 1, section 1.relevant retail use, for schedule 5A, see schedule 5A, part 1, section 1.retail use, for schedule 5A, see schedule 5A, part 1, section 1.