Economic Development Act 2012Economic Development Regulation 2013Part 1Preliminary1Short titleThis regulation may be cited as the Economic Development Regulation 2013.2CommencementThis regulation commences on 1 February 2013.Part 2Priority development areas3Transitioned UDAs and declaration of priority development areas(1)For section 196(1)(a) of the Act, the part of the State identified as an urban development area on the map mentioned in schedule 1, part 1, column 1 is the transitioned UDA mentioned in column 2 of part 1 of the schedule.Note—A transitioned UDA is taken to be a priority development area. See sections 177, definition transitioned UDA and 190 of the Act.(2)For section 37(1) of the Act, the part of the State identified as a priority development area on the map mentioned in schedule 1, part 2, column 1 is declared to be the priority development area mentioned in column 2 of part 2 of the schedule.Editor’s note—Each map is available for inspection on the department’s website.4Making of interim land use plan(1)A document, or part of a document, mentioned in schedule 2, column 1 is an interim land use plan made under section 38(1) of the Act for the priority development area mentioned in column 2 of that schedule.(2)A copy of each interim land use plan is held by MEDQ and available for inspection by the public.s 4 prev s 4 amd 2013 SL No. 55 s 3om 2016 SL No. 2 s 3pres s 4 ins 2016 SL No. 158 s 35Development schemes for transitioned UDAs(1)For section 196(1)(b)(ii) of the Act—(a)each transitioned development scheme mentioned in schedule 3, part 1, column 1 is the development scheme for the transitioned UDA mentioned in column 2 of part 1 of the schedule; and(b)the amendment mentioned in schedule 3, part 2, column 2 is the approved amendment for the transitioned development scheme mentioned in column 1 of part 2 of the schedule.
Editor’s note—Each transitioned development scheme is available for inspection on the department’s website.(2)For section 64 of the Act, each development scheme mentioned in schedule 3, part 3, column 1 is approved for the transitioned UDA mentioned in column 2 of part 3 of that schedule.(3)In this section—transitioned development scheme see section 194(4) of the Act.s 5 amd 2013 SL No. 55 s 45ADevelopment schemes for priority development areasFor section 64 of the Act, the development scheme mentioned in schedule 4, column 1 is approved for the priority development area mentioned opposite the scheme in column 2 of that schedule.s 5A ins 2013 SL No. 261 s 35BApproval of amendment of development schemeFor section 68 of the Act, the amendment mentioned in schedule 5, column 2 is approved for the development scheme mentioned opposite the amendment in column 1 of that schedule.s 5B ins 2016 SL No. 36 s 36Placing notice about PDA development application on land(1)This section prescribes for section 84(2)(b) of the Act the way a notice about a PDA development application must be placed on land.(2)The notice must be—(a)placed on, or within 1.5m of, the road frontage for the land; and(b)mounted at least 300mm above ground level; and(c)positioned so that it is visible from the road; and(d)made of weatherproof material; and(e)not less than 1,200mm x 900mm.
(3)The lettering on the notice must be as follows—(a)for lettering in the heading of the notice—at least 50mm in height and in a bold style;(b)for lettering in any subheadings of the notice—at least 25mm in height and in a bold style;(c)for lettering not mentioned in paragraph (a) or (b)—at least 25mm in height, of regular weight and in sentence case.
(4)Each sentence in the notice must start on a new line.(5)If the land has more than 1 road frontage, a notice must be placed on each road frontage for the land.(6)The applicant must maintain the notice from the day it is placed on the land until the end of the submission period for the application.(7)In this section—road frontage, for land, means—(a)generally—the boundary between the land and any road adjoining the land; or(b)if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access.
Part 3Plans of subdivisionpt hdg ins 2017 SL No. 103 s 367Approving 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.s 7 ins 2017 SL No. 103 s 36Schedule 1Priority development areassection 3Part 1Transitioned UDAsColumn 1Column 2
Description of areaTransitioned UDA
Map No. UDA4 - Andergrove Urban Development AreaAndergrove
Map No. UDA8 - Blackwater Urban Development AreaBlackwater
Map No. UDA2 - Bowen Hills Urban Development AreaBowen Hills
Map No. UDA14 - Caloundra South Urban Development AreaCaloundra South
Map No. UDA17 - Central Queensland University Rockhampton Urban Development AreaCentral Queensland University Rockhampton
Map No. UDA5 - Clinton Urban Development AreaClinton
Map No. UDA3 - Fitzgibbon Urban Development AreaFitzgibbon
Map No. UDA11 - Greater Flagstone Urban Development AreaGreater Flagstone
Map No. UDA10 - Moranbah Urban Development AreaMoranbah
Map No. UDA1 - Northshore Hamilton Urban Development AreaNorthshore Hamilton
Map No. UDA6 - Oonoonba Urban Development AreaOonoonba
Map No. UDA12 - Ripley Valley Urban Development AreaRipley Valley
Map No. UDA9 - Bowen Street, Roma Urban Development AreaBowen Street, Roma
Map No. UDA15 - Tannum Sands Urban Development AreaTannum Sands
Map No. UDA16 - Toolooa Urban Development AreaToolooa
Map No. UDA7 - Woolloongabba Urban Development AreaWoolloongabba
Map No. UDA13 - Yarrabilba Urban Development AreaYarrabilba
Part 2Declared priority development areasColumn 1Column 2
Description of areaPriority development area
Map No. PDA 2 - Blackwater East Priority Development AreaBlackwater East
Map No. PDA 5 - Maroochydore City Centre Priority Development AreaMaroochydore City Centre
Map No. PDA 1 - Parklands Priority Development AreaParklands
Map No. PDA 6 - Southport Priority Development AreaSouthport
Map No. PDA 3 - Toondah Harbour Priority Development AreaToondah Harbour
Map No. PDA 9 - Toowoomba Railway Parklands Priority Development AreaToowoomba Railway Parklands
Map No. PDA 4 - Weinam Creek Priority Development AreaWeinam Creek
Map No. PDA 7 - Townsville City Waterfront Priority Development AreaTownsville City Waterfront
Map No. PDA 8 - Queen’s Wharf Brisbane Priority Development AreaQueen’s Wharf Brisbane
Map No. PDA 10 - The Mill at Moreton Bay Priority Development AreaThe Mill at Moreton Bay
Map No. PDA 11 - Herston Quarter Priority Development AreaHerston Quarter
sch 1 amd 2013 SL No. 93 s 3; 2013 SL No. 139 s 3; 2013 SL No. 191 s 3; 2014 SL No. 200 s 3; 2014 SL No. 274 s 3; 2014 SL No. 301 s 3; 2016 SL No. 158 s 4; 2016 SL No. 204 s 3Schedule 2Interim land use planssection 4Column 1Column 2
Interim land use planPriority development area
Herston Quarter Priority Development Area interim land use planHerston Quarter
The Mill at Moreton Bay Priority Development Area interim land use planThe Mill at Moreton Bay
sch 2 prev sch 2 amd 2013 SL No. 55 s 5; 2013 SL No. 93 s 4; 2013 SL No. 139 s 4; 2013 SL No. 191 s 4; 2013 SL No. 261 s 4; 2014 SL No. 46 s 3; 2014 SL No. 74 s 3; 2014 SL No. 155 s 3; 2014 SL No. 200 s 4; 2014 SL No. 274 s 4; 2014 SL No. 301 s 4; 2015 SL No. 142 s 3om 2016 SL No. 2 s 4pres sch 2 ins 2016 SL No. 158 s 5amd 2016 SL No. 204 s 4Schedule 3Development schemes for transitioned UDAssection 5Part 1Transitioned development schemesColumn 1Column 2
Development schemeTransitioned UDA
Andergrove UDA Development Scheme 2010Andergrove
Blackwater UDA Development Scheme 2011Blackwater
Bowen Hills UDA Development Scheme 2009Bowen Hills
Bowen Street, Roma UDA Development Scheme 2011Bowen Street, Roma
Caloundra South UDA Development Scheme 2011Caloundra South
Clinton UDA Development Scheme 2010Clinton
Fitzgibbon UDA Development Scheme 2009Fitzgibbon
Greater Flagstone UDA Development Scheme 2011Greater Flagstone
Moranbah UDA Development Scheme 2011Moranbah
Northshore Hamilton UDA Development Scheme 2009Northshore Hamilton
Oonoonba UDA Development Scheme 2011Oonoonba
Ripley Valley UDA Development Scheme 2011Ripley Valley
Tannum Sands UDA Development Scheme 2012Tannum Sands
Woolloongabba UDA Development Scheme 2011Woolloongabba
Yarrabilba UDA Development Scheme 2011Yarrabilba
Part 2Amendments of transitioned development schemesColumn 1Column 2
Development schemeAmendment
Bowen Hills UDA Development Scheme 2009the amendment approved under a regulation notified on 1 April 2010
Fitzgibbon UDA Development Scheme 2009the amendment approved under a regulation notified on 29 July 2011
Part 3Development schemes made under the ActColumn 1Column 2
Development schemeTransitioned UDA
Central Queensland University Rockhampton UDA Development Scheme 2013Central Queensland University Rockhampton
Toolooa UDA Development Scheme 2013Toolooa
sch 3 amd 2013 SL No. 55 s 6Schedule 4Development schemes for priority development areassection 5AColumn 1Column 2
Development schemePriority development area
Blackwater East Priority Development Area Development Scheme 2014Blackwater East
Maroochydore City Centre Priority Development Area Development Scheme 2014Maroochydore City Centre
Parklands Priority Development Area Development Scheme 2013Parklands
Queen’s Wharf Brisbane Priority Development Area Development Scheme 2016Queen’s Wharf Brisbane
Southport Priority Development Area Development Scheme 2014Southport
Toondah Harbour Priority Development Area Development Scheme 2014Toondah Harbour
Toowoomba Railway Parklands Priority Development Area Development Scheme 2016Toowoomba Railway Parklands
Townsville City Waterfront Priority Development Area Development Scheme 2015Townsville City Waterfront
Weinam Creek Priority Development Area Development Scheme 2014Weinam Creek
sch 4 ins 2013 SL No. 261 s 5amd 2014 SL No. 46 s 4; 2014 SL No. 74 s 4; 2014 SL No. 155 s 4; 2014 SL No. 200 s 5; 2015 SL No. 142 s 4; 2016 SL No. 2 s 5Schedule 5Amendment of development schemesection 5BColumn 1Column 2
Development schemeApproved amendment
Maroochydore City Centre Priority Development Area Development Scheme 2014the amendment made by MEDQ on 15 March 2016
sch 5 ins 2016 SL No. 36 s 4Schedule 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.sch 6 ins 2017 SL No. 103 s 37