{"id":"qld:sl-2017-0078","name":"Planning Regulation 2017","slug":"planning-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"78 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174972,"registerId":"qld-qld:sl-2017-0078-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Planning Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 3 July 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 24 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Planning","content":"# Planning","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"State planning instruments","content":"## State planning instruments","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Regions— Act , sch 2","content":"### sec.4 Regions— Act , sch 2\n\nThe local government areas, or parts of the local government areas, of each group of local governments stated in schedule 1 , column 2 are prescribed as a region for schedule 2 of the Act , definition region .\nEach region has the name stated in schedule 1 , column 1.\n(sec.4-ssec.1) The local government areas, or parts of the local government areas, of each group of local governments stated in schedule 1 , column 2 are prescribed as a region for schedule 2 of the Act , definition region .\n(sec.4-ssec.2) Each region has the name stated in schedule 1 , column 1.","sortOrder":6},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Local planning instruments","content":"## Local planning instruments","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Purpose and application of subdivision","content":"### sec.5 Purpose and application of subdivision\n\nThis subdivision prescribes, for section 16 (2) of the Act , the regulated requirements for the contents of a local planning instrument.\nThis subdivision does not apply to—\na local planning instrument made under the repealed IPA; or\na TLPI made for all or part of a local government area, if a planning scheme made under the repealed IPA applies to the area.\nSee also subdivision 1A for the application of particular regulated requirements to particular local planning instruments in force immediately before the commencement of that subdivision.\ns 5 amd 2019 SL No. 215 s 3\n(sec.5-ssec.1) This subdivision prescribes, for section 16 (2) of the Act , the regulated requirements for the contents of a local planning instrument.\n(sec.5-ssec.2) This subdivision does not apply to— a local planning instrument made under the repealed IPA; or a TLPI made for all or part of a local government area, if a planning scheme made under the repealed IPA applies to the area. See also subdivision 1A for the application of particular regulated requirements to particular local planning instruments in force immediately before the commencement of that subdivision.\n- (a) a local planning instrument made under the repealed IPA; or\n- (b) a TLPI made for all or part of a local government area, if a planning scheme made under the repealed IPA applies to the area.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Zones that may be adopted","content":"### sec.6 Zones that may be adopted\n\nA local planning instrument must not include land in a zone other than a zone stated in schedule 2 , column 1.\nIf a local planning instrument includes land in a zone stated in schedule 2 , column 1—\nthe instrument must include the purpose statement stated opposite the zone in column 2; and\nthe land must be shown on zoning maps in the local planning instrument using the RGB colour stated opposite the zone in column 3.\nHowever, a local planning instrument may change a purpose statement for a zone if the Minister considers the change is necessary or desirable having regard to the circumstances in the local government area to which the instrument will apply.\nIf a local planning instrument changes a purpose statement for a zone, the instrument must state—\nthat the purpose statement has been changed; and\nthe day the changed purpose statement took effect.\nIn this section—\nRGB colour means the colour created when the colours red, green and blue are combined in accordance with an integer value for each colour, expressed as a number from 0 to 255.\n(sec.6-ssec.1) A local planning instrument must not include land in a zone other than a zone stated in schedule 2 , column 1.\n(sec.6-ssec.2) If a local planning instrument includes land in a zone stated in schedule 2 , column 1— the instrument must include the purpose statement stated opposite the zone in column 2; and the land must be shown on zoning maps in the local planning instrument using the RGB colour stated opposite the zone in column 3.\n(sec.6-ssec.3) However, a local planning instrument may change a purpose statement for a zone if the Minister considers the change is necessary or desirable having regard to the circumstances in the local government area to which the instrument will apply.\n(sec.6-ssec.4) If a local planning instrument changes a purpose statement for a zone, the instrument must state— that the purpose statement has been changed; and the day the changed purpose statement took effect.\n(sec.6-ssec.5) In this section— RGB colour means the colour created when the colours red, green and blue are combined in accordance with an integer value for each colour, expressed as a number from 0 to 255.\n- (a) the instrument must include the purpose statement stated opposite the zone in column 2; and\n- (b) the land must be shown on zoning maps in the local planning instrument using the RGB colour stated opposite the zone in column 3.\n- (a) that the purpose statement has been changed; and\n- (b) the day the changed purpose statement took effect.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Use terms that may be adopted","content":"### sec.7 Use terms that may be adopted\n\nFor regulating uses in a local government area, a local planning instrument may adopt only the use terms stated in schedule 3 , column 1.\nIf a local planning instrument adopts a use term stated in schedule 3 , column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.\n(sec.7-ssec.1) For regulating uses in a local government area, a local planning instrument may adopt only the use terms stated in schedule 3 , column 1.\n(sec.7-ssec.2) If a local planning instrument adopts a use term stated in schedule 3 , column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Administrative terms","content":"### sec.8 Administrative terms\n\nIf a local planning instrument includes an administrative term stated in schedule 4 , column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.\nA local planning instrument may include an administrative term, other than a term in schedule 4 , column 1, only if the term is consistent with and does not change the effect of—\nthe administrative terms in schedule 4 , column 1; and\nthe definitions of those terms stated in schedule 4 , column 2.\n(sec.8-ssec.1) If a local planning instrument includes an administrative term stated in schedule 4 , column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.\n(sec.8-ssec.2) A local planning instrument may include an administrative term, other than a term in schedule 4 , column 1, only if the term is consistent with and does not change the effect of— the administrative terms in schedule 4 , column 1; and the definitions of those terms stated in schedule 4 , column 2.\n- (a) the administrative terms in schedule 4 , column 1; and\n- (b) the definitions of those terms stated in schedule 4 , column 2.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of subdivision","content":"### sec.9 Application of subdivision\n\nThis subdivision applies in relation to a local planning instrument, in force immediately before the commencement, made under the old Act.\nHowever, this subdivision does not apply in relation to—\na local planning instrument made under the repealed IPA; or\na TLPI made for all or part of a local government area if a planning scheme made under the repealed IPA applies to the area.\ns 9 prev s 9 om 2018 SL No. 91 s 4\npres s 9 ins 2019 SL No. 215 s 4\n(sec.9-ssec.1) This subdivision applies in relation to a local planning instrument, in force immediately before the commencement, made under the old Act.\n(sec.9-ssec.2) However, this subdivision does not apply in relation to— a local planning instrument made under the repealed IPA; or a TLPI made for all or part of a local government area if a planning scheme made under the repealed IPA applies to the area.\n- (a) a local planning instrument made under the repealed IPA; or\n- (b) a TLPI made for all or part of a local government area if a planning scheme made under the repealed IPA applies to the area.","sortOrder":12},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Local planning instruments that include land in high technology industry zone","content":"### sec.9A Local planning instruments that include land in high technology industry zone\n\nThis section applies if the local planning instrument includes land in a zone called a high technology industry zone.\nFor section 6 , the land is taken to be included in the research and technology industry zone stated in schedule 2 .\ns 9A ins 2019 SL No. 215 s 4\n(sec.9A-ssec.1) This section applies if the local planning instrument includes land in a zone called a high technology industry zone.\n(sec.9A-ssec.2) For section 6 , the land is taken to be included in the research and technology industry zone stated in schedule 2 .","sortOrder":13},{"sectionNumber":"sec.9B","sectionType":"section","heading":"Local planning instruments using particular use terms","content":"### sec.9B Local planning instruments using particular use terms\n\nThis section applies if the local planning instrument—\nadopts any of the following use terms stated in schedule 3 , column 1—\nhigh impact industry:\nlow impact industry;\nmedium impact industry;\nspecial industry; and\ndoes not include the definition of the term stated opposite the term in schedule 3 , column 2.\nDespite section 7 (2) , it is not a regulated requirement for the local planning instrument that it include the definition of the term stated opposite the term in schedule 3 , column 2.\nIf the local planning instrument includes another definition of the term, the term has the meaning given in that definition.\ns 9B ins 2019 SL No. 215 s 4\n(sec.9B-ssec.1) This section applies if the local planning instrument— adopts any of the following use terms stated in schedule 3 , column 1— high impact industry: low impact industry; medium impact industry; special industry; and does not include the definition of the term stated opposite the term in schedule 3 , column 2.\n(sec.9B-ssec.2) Despite section 7 (2) , it is not a regulated requirement for the local planning instrument that it include the definition of the term stated opposite the term in schedule 3 , column 2.\n(sec.9B-ssec.3) If the local planning instrument includes another definition of the term, the term has the meaning given in that definition.\n- (a) adopts any of the following use terms stated in schedule 3 , column 1— (i) high impact industry: (ii) low impact industry; (iii) medium impact industry; (iv) special industry; and\n- (i) high impact industry:\n- (ii) low impact industry;\n- (iii) medium impact industry;\n- (iv) special industry; and\n- (b) does not include the definition of the term stated opposite the term in schedule 3 , column 2.\n- (i) high impact industry:\n- (ii) low impact industry;\n- (iii) medium impact industry;\n- (iv) special industry; and","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Minister’s guidelines and rules— Act , s 17","content":"### sec.10 Minister’s guidelines and rules— Act , s 17\n\nFor section 17 (7) of the Act , the Minister’s guidelines and rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website.\ns 10 amd 2020 SL No. 197 s 8 ; 2023 SL No. 92 s 3 ; 2024 SL No. 123 s 8","sortOrder":15},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Superseded planning schemes","content":"## Superseded planning schemes","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Making superseded planning scheme request— Act , s 29","content":"### sec.11 Making superseded planning scheme request— Act , s 29\n\nFor section 29 (5) (a) of the Act , if the local government to which a superseded planning scheme request is made has a form for the request, the request must be in that form.\nFor section 29 (5) (b) of the Act , a superseded planning scheme request must include—\nthe name, residential or business address, electronic address and phone number of the person making the request; and\nthe address or property description of the premises that the request relates to; and\na statement about whether the person making the request is asking the local government—\nto accept, assess and decide a superseded planning scheme application; or\nto apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme; and\nfor a request under paragraph (c) (i) —a copy of the proposed superseded planning scheme application; and\nfor a request under paragraph (c) (ii) —a description and plan of the proposed development; and\ndetails of the superseded planning scheme that the request relates to; and\nif the local government has set a fee under subsection (3) for considering the request—the fee.\nFor section 29 (5) (c) of the Act , a local government may, by resolution, set a fee for considering a superseded planning scheme request.\n(sec.11-ssec.1) For section 29 (5) (a) of the Act , if the local government to which a superseded planning scheme request is made has a form for the request, the request must be in that form.\n(sec.11-ssec.2) For section 29 (5) (b) of the Act , a superseded planning scheme request must include— the name, residential or business address, electronic address and phone number of the person making the request; and the address or property description of the premises that the request relates to; and a statement about whether the person making the request is asking the local government— to accept, assess and decide a superseded planning scheme application; or to apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme; and for a request under paragraph (c) (i) —a copy of the proposed superseded planning scheme application; and for a request under paragraph (c) (ii) —a description and plan of the proposed development; and details of the superseded planning scheme that the request relates to; and if the local government has set a fee under subsection (3) for considering the request—the fee.\n(sec.11-ssec.3) For section 29 (5) (c) of the Act , a local government may, by resolution, set a fee for considering a superseded planning scheme request.\n- (a) the name, residential or business address, electronic address and phone number of the person making the request; and\n- (b) the address or property description of the premises that the request relates to; and\n- (c) a statement about whether the person making the request is asking the local government— (i) to accept, assess and decide a superseded planning scheme application; or (ii) to apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme; and\n- (i) to accept, assess and decide a superseded planning scheme application; or\n- (ii) to apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme; and\n- (d) for a request under paragraph (c) (i) —a copy of the proposed superseded planning scheme application; and\n- (e) for a request under paragraph (c) (ii) —a description and plan of the proposed development; and\n- (f) details of the superseded planning scheme that the request relates to; and\n- (g) if the local government has set a fee under subsection (3) for considering the request—the fee.\n- (i) to accept, assess and decide a superseded planning scheme application; or\n- (ii) to apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme; and","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Deciding superseded planning scheme request— Act , s 29","content":"### sec.12 Deciding superseded planning scheme request— Act , s 29\n\nFor section 29 (6) of the Act —\na local government must decide whether or not to agree to a superseded planning scheme request within 30 business days after the request is received; and\nthe period mentioned in paragraph (a) may be extended by the local government if the person making the request agrees, in writing, to the extension before the period ends.\n- (a) a local government must decide whether or not to agree to a superseded planning scheme request within 30 business days after the request is received; and\n- (b) the period mentioned in paragraph (a) may be extended by the local government if the person making the request agrees, in writing, to the extension before the period ends.","sortOrder":18},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Designation of premises for development of infrastructure","content":"## Designation of premises for development of infrastructure","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Infrastructure— Act , s 35","content":"### sec.13 Infrastructure— Act , s 35\n\nThe infrastructure stated in schedule 5 is prescribed for section 35 (1) of the Act .","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Guidelines for environmental assessment and consultation— Act , s 36","content":"### sec.14 Guidelines for environmental assessment and consultation— Act , s 36\n\nFor section 36 (3) of the Act , the guidelines for the process for carrying out an environmental assessment, including consultation, under section 36 (2) of the Act are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website.\ns 14 amd 2020 SL No. 197 s 9 ; 2023 SL No. 92 s 4 ; 2024 SL No. 123 s 9","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Designation process rules— Act , s 37","content":"### sec.15 Designation process rules— Act , s 37\n\nFor section 37 (7) of the Act , definition designation process rules , the designation process rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website.\ns 15 amd 2020 SL No. 197 s 10 ; 2023 SL No. 92 s 5 ; 2024 SL No. 123 s 10","sortOrder":22},{"sectionNumber":"pt.3","sectionType":"part","heading":"Local categorising instruments","content":"# Local categorising instruments","sortOrder":23},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Matters prescribed for Act , s 43 generally","content":"## Matters prescribed for Act , s 43 generally","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Development local categorising instrument is prohibited from stating is assessable development— Act , s 43","content":"### sec.16 Development local categorising instrument is prohibited from stating is assessable development— Act , s 43\n\nFor section 43 (5) (b) of the Act , a local categorising instrument is prohibited from stating that development stated in schedule 6 is assessable development.\nThis subsection and schedule 6 , section 2B expire on 2 December 2026.\nThis subsection and schedule 6 , section 7C expire on 16 December 2027.\nThis subsection and schedule 6 , section 33 expire on 16 December 2026.\ns 16 amd 2022 SL No. 182 s 3 ; 2022 SL No. 195 s 3 ; 2024 SL No. 248 s 3 ; 2025 SL No. 149 s 4\nprev (2) exp 2 December 2025 (see s 16(2)(a))\npres (2) exp 2 December 2026 (see s 16(2))\n(3) exp 16 December 2027 (see s 16(3))\n(4) exp 16 December 2026 (see s 16(4))\n(sec.16-ssec.1) For section 43 (5) (b) of the Act , a local categorising instrument is prohibited from stating that development stated in schedule 6 is assessable development.\n(sec.16-ssec.2) This subsection and schedule 6 , section 2B expire on 2 December 2026.\n(sec.16-ssec.3) This subsection and schedule 6 , section 7C expire on 16 December 2027.\n(sec.16-ssec.4) This subsection and schedule 6 , section 33 expire on 16 December 2026.","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Assessment benchmarks that local categorising instruments may not be inconsistent with— Act , s 43","content":"### sec.17 Assessment benchmarks that local categorising instruments may not be inconsistent with— Act , s 43\n\nFor section 43 (5) (c) of the Act , a local categorising instrument may not, in its effect, be inconsistent with the effect of the following assessment benchmarks—\nan assessment benchmark stated in schedule 11 or 12A ;\nthe building assessment provisions stated in the Building Act , section 30 (a) to (d) , (f) or (g) ;\nthe Coastal Regulation , schedule 3 ;\nan assessment benchmark prescribed under the Environmental Protection Act , section 580 (4) (a) for a material change of use for an environmentally relevant activity that is a concurrence ERA;\nthe Queensland Heritage Regulation 2015 , schedule 2 ;\nan assessment benchmark stated in the regional plan for a region to which the local categorising instrument applies;\nan assessment benchmark stated in the Caboolture West interim structure plan for the Caboolture West growth area.\nFor particular assessment benchmarks a local planning instrument may not, in its effect, be inconsistent with for a material change of use for a home-based business, see also section 17A .\nHowever, subsection (1) (g) applies only to the extent the local categorising instrument applies to the Caboolture West growth area.\ns 17 amd 2017 SL No. 103 s 89 ; 2017 SL No. 141 s 3 ; 2017 SL No. 138 s 18 ; 2020 SL No. 162 s 4 ; 2023 SL No. 13 s 4 ; 2024 SL No. 136 s 8\n(sec.17-ssec.1) For section 43 (5) (c) of the Act , a local categorising instrument may not, in its effect, be inconsistent with the effect of the following assessment benchmarks— an assessment benchmark stated in schedule 11 or 12A ; the building assessment provisions stated in the Building Act , section 30 (a) to (d) , (f) or (g) ; the Coastal Regulation , schedule 3 ; an assessment benchmark prescribed under the Environmental Protection Act , section 580 (4) (a) for a material change of use for an environmentally relevant activity that is a concurrence ERA; the Queensland Heritage Regulation 2015 , schedule 2 ; an assessment benchmark stated in the regional plan for a region to which the local categorising instrument applies; an assessment benchmark stated in the Caboolture West interim structure plan for the Caboolture West growth area. For particular assessment benchmarks a local planning instrument may not, in its effect, be inconsistent with for a material change of use for a home-based business, see also section 17A .\n(sec.17-ssec.2) However, subsection (1) (g) applies only to the extent the local categorising instrument applies to the Caboolture West growth area.\n- (a) an assessment benchmark stated in schedule 11 or 12A ;\n- (b) the building assessment provisions stated in the Building Act , section 30 (a) to (d) , (f) or (g) ;\n- (c) the Coastal Regulation , schedule 3 ;\n- (d) an assessment benchmark prescribed under the Environmental Protection Act , section 580 (4) (a) for a material change of use for an environmentally relevant activity that is a concurrence ERA;\n- (e) the Queensland Heritage Regulation 2015 , schedule 2 ;\n- (f) an assessment benchmark stated in the regional plan for a region to which the local categorising instrument applies;\n- (g) an assessment benchmark stated in the Caboolture West interim structure plan for the Caboolture West growth area.","sortOrder":26},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Matters prescribed for material change of use for home-based business","content":"## Matters prescribed for material change of use for home-based business","sortOrder":27},{"sectionNumber":"sec.17A","sectionType":"section","heading":"Material change of use for home-based business if assessable development","content":"### sec.17A Material change of use for home-based business if assessable development\n\nThis section applies if, under a local planning instrument, a material change of use of premises for a home-based business is assessable development.\nIf, under the local planning instrument, the category of assessment for the material change of use is impact assessment, the category of assessment for the material change of use is code assessment.\nThe code assessment for the material change of use must be carried out against the following assessment benchmarks—\nwhether no more than 2 persons work on the premises in the home-based business at a time;\nwhether no more than 2 visitors attend the home-based business on the premises at a time;\nthe assessment benchmarks in a local planning instrument applying to the premises.\nFor section 43 (5) (c) of the Act , a local planning instrument may not, in its effect, be inconsistent with an assessment benchmark stated in subsection (3) (a) or (b) .\nHowever, a local planning instrument is, in its effect, inconsistent with an assessment benchmark stated in subsection (3) (a) or (b) only if the local planning instrument includes an assessment benchmark that relates to—\nfor subsection (3) (a) —whether no more than 1 person works on the premises in the home-based business at a time; or\nfor subsection (3) (b) —whether no more than 1 visitor attends the home-based business on the premises at a time.\ns 17A ins 2024 SL No. 136 s 9\n(sec.17A-ssec.1) This section applies if, under a local planning instrument, a material change of use of premises for a home-based business is assessable development.\n(sec.17A-ssec.2) If, under the local planning instrument, the category of assessment for the material change of use is impact assessment, the category of assessment for the material change of use is code assessment.\n(sec.17A-ssec.3) The code assessment for the material change of use must be carried out against the following assessment benchmarks— whether no more than 2 persons work on the premises in the home-based business at a time; whether no more than 2 visitors attend the home-based business on the premises at a time; the assessment benchmarks in a local planning instrument applying to the premises.\n(sec.17A-ssec.4) For section 43 (5) (c) of the Act , a local planning instrument may not, in its effect, be inconsistent with an assessment benchmark stated in subsection (3) (a) or (b) .\n(sec.17A-ssec.5) However, a local planning instrument is, in its effect, inconsistent with an assessment benchmark stated in subsection (3) (a) or (b) only if the local planning instrument includes an assessment benchmark that relates to— for subsection (3) (a) —whether no more than 1 person works on the premises in the home-based business at a time; or for subsection (3) (b) —whether no more than 1 visitor attends the home-based business on the premises at a time.\n- (a) whether no more than 2 persons work on the premises in the home-based business at a time;\n- (b) whether no more than 2 visitors attend the home-based business on the premises at a time;\n- (c) the assessment benchmarks in a local planning instrument applying to the premises.\n- (a) for subsection (3) (a) —whether no more than 1 person works on the premises in the home-based business at a time; or\n- (b) for subsection (3) (b) —whether no more than 1 visitor attends the home-based business on the premises at a time.","sortOrder":28},{"sectionNumber":"pt.3A","sectionType":"part","heading":null,"content":"","sortOrder":29},{"sectionNumber":"sec.17A-oc.2","sectionType":"section","heading":null,"content":"### Section sec.17A-oc.2\n\ns 17A ins 2018 SL No. 146 s 3\nexp 1 November 2019 (see s 17B)","sortOrder":30},{"sectionNumber":"sec.17B","sectionType":"section","heading":null,"content":"### Section sec.17B\n\ns 17B ins 2018 SL No. 146 s 3\namd 2019 SL No. 59 s 3\nexp 1 November 2019 (see s 17B)","sortOrder":31},{"sectionNumber":"pt.4","sectionType":"part","heading":"Development assessment","content":"# Development assessment","sortOrder":32},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Categories of development","content":"## Categories of development","sortOrder":33},{"sectionNumber":"sec.18","sectionType":"section","heading":"Accepted development— Act , s 44","content":"### sec.18 Accepted development— Act , s 44\n\nFor section 44 (5) of the Act , development stated in schedule 7 is accepted development.\nThis subsection and schedule 7 , section 14 expire on 16 December 2026.\ns 18 amd 2022 SL No. 195 s 4 ; 2025 SL No. 149 s 5\n(2) exp 16 December 2026 (see s 18(2))\n(sec.18-ssec.1) For section 44 (5) of the Act , development stated in schedule 7 is accepted development.\n(sec.18-ssec.2) This subsection and schedule 7 , section 14 expire on 16 December 2026.","sortOrder":34},{"sectionNumber":"sec.19","sectionType":"section","heading":"Prohibited development— Act , s 44","content":"### sec.19 Prohibited development— Act , s 44\n\nFor section 44 (5) of the Act , development is prohibited development if it is stated in schedule 10 to be prohibited development.","sortOrder":35},{"sectionNumber":"sec.20","sectionType":"section","heading":"Assessable development— Act , ss 44 and 45","content":"### sec.20 Assessable development— Act , ss 44 and 45\n\nFor section 44 (5) of the Act , development is assessable development if it—\nis stated in schedule 9 or 10 to be assessable development; and\nis not prohibited development under section 19 .\nFor section 45 (2) of the Act , schedules 9 and 10 state the category of assessment required for assessable development stated in the schedules.\n(sec.20-ssec.1) For section 44 (5) of the Act , development is assessable development if it— is stated in schedule 9 or 10 to be assessable development; and is not prohibited development under section 19 .\n(sec.20-ssec.2) For section 45 (2) of the Act , schedules 9 and 10 state the category of assessment required for assessable development stated in the schedules.\n- (a) is stated in schedule 9 or 10 to be assessable development; and\n- (b) is not prohibited development under section 19 .","sortOrder":36},{"sectionNumber":"sec.20A","sectionType":"section","heading":"When particular development for rural workers’ initiative is not assessable development","content":"### sec.20A When particular development for rural workers’ initiative is not assessable development\n\nThis section applies to development, other than reconfiguring a lot, that—\nis stated in schedule 9 or 10 to be assessable development; and\nwould, but for subsection (2) , be assessable development under section 20 (1) .\nDespite section 20 (1) , the development is not assessable development under that section to the extent the development is accepted development under schedule 7 , section 14 .\nThis section expires on 16 December 2026.\ns 20A prev s 20A ins 2021 SL No. 50 s 3\namd 2021 SL No. 140 s 258\nexp 30 April 2022 (see s 20A(3))\npres s 20A ins 2022 SL No. 195 s 5\namd 2025 SL No. 149 s 6\nexp 16 December 2026 (see s 20A(3))\n(sec.20A-ssec.1) This section applies to development, other than reconfiguring a lot, that— is stated in schedule 9 or 10 to be assessable development; and would, but for subsection (2) , be assessable development under section 20 (1) .\n(sec.20A-ssec.2) Despite section 20 (1) , the development is not assessable development under that section to the extent the development is accepted development under schedule 7 , section 14 .\n(sec.20A-ssec.3) This section expires on 16 December 2026.\n- (a) is stated in schedule 9 or 10 to be assessable development; and\n- (b) would, but for subsection (2) , be assessable development under section 20 (1) .","sortOrder":37},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Category of assessment for development for particular infrastructure under Corrective Services Act 2006","content":"### sec.20B Category of assessment for development for particular infrastructure under Corrective Services Act 2006\n\nThis section applies to development that—\nis stated in schedule 9 or 10 to be assessable development; and\nwould, but for subsection (2) , require impact assessment under section 20 (2) .\nDespite section 20 (2) , to the extent the development is development mentioned in schedule 6 , section 36 , the category of assessment required for the development is code assessment.\ns 20B prev s 20B ins 2021 SL No. 139 s 3\nom 2022 SL No. 195 s 6\npres s 20B ins 2024 Act No. 24 s 30\n(sec.20B-ssec.1) This section applies to development that— is stated in schedule 9 or 10 to be assessable development; and would, but for subsection (2) , require impact assessment under section 20 (2) .\n(sec.20B-ssec.2) Despite section 20 (2) , to the extent the development is development mentioned in schedule 6 , section 36 , the category of assessment required for the development is code assessment.\n- (a) is stated in schedule 9 or 10 to be assessable development; and\n- (b) would, but for subsection (2) , require impact assessment under section 20 (2) .","sortOrder":38},{"sectionNumber":"pt.4-div.1A","sectionType":"division","heading":"Temporary accepted development","content":"## Temporary accepted development","sortOrder":39},{"sectionNumber":"sec.20C","sectionType":"section","heading":"Temporary accepted development declaration— Act , s 46A","content":"### sec.20C Temporary accepted development declaration— Act , s 46A\n\nFor section 46A of the Act , a material change of use of premises stated in schedule 7A is declared to be temporary accepted development for the period starting on 28 November 2025 and ending on 31 December 2029, both dates inclusive.\nThis division and schedule 7A expire on 1 January 2030.\ns 20C ins 2025 SL No. 149 s 7\nexp 1 January 2030 (see s 20C(2))\n(sec.20C-ssec.1) For section 46A of the Act , a material change of use of premises stated in schedule 7A is declared to be temporary accepted development for the period starting on 28 November 2025 and ending on 31 December 2029, both dates inclusive.\n(sec.20C-ssec.2) This division and schedule 7A expire on 1 January 2030.","sortOrder":40},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Assessment manager","content":"## Assessment manager","sortOrder":41},{"sectionNumber":"sec.21","sectionType":"section","heading":"Assessment manager for development applications— Act , s 48","content":"### sec.21 Assessment manager for development applications— Act , s 48\n\nThis section prescribes, for section 48 (1) of the Act , the assessment manager for a development application.\nFor a development application for—\na material change of use of premises for a wind farm and no other assessable development, the assessment manager is the chief executive; or\na material change of use of premises for a wind farm and other assessable development—\nif the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\notherwise—the assessment manager is the entity decided by the Minister.\nFor a development application for—\na material change of use of premises that is assessable development under schedule 10 , part 4 , division 1 and no other assessable development, the assessment manager is the chief executive; or\na material change of use of premises that is assessable development under schedule 10 , part 4 , division 1 and other assessable development—\nif the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\notherwise—the assessment manager is the entity decided by the Minister.\nFor a development application for—\na material change of use of premises for a relevant solar farm and no other assessable development, the assessment manager is the chief executive; or\na material change of use of premises for a relevant solar farm and other assessable development—\nif the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\notherwise—the assessment manager is the entity decided by the Minister.\nFor a development application for—\na material change of use of premises for a battery storage facility that is assessable development under schedule 10 , part 2 , division 1 and no other assessable development, the assessment manager is the chief executive; or\na material change of use of premises for a battery storage facility that is assessable development under schedule 10 , part 2 , division 1 and other assessable development—\nif the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\notherwise—the assessment manager is the entity decided by the Minister.\nFor a development application other than an application stated in any of subsections (2) to (5) , schedule 8 , column 2 states the assessment manager for the application stated opposite the assessment manager in column 1.\nIn this section—\nprescribed assessable development means assessable development for which, if a separate development application were made for the development, the chief executive would be the prescribed assessment manager.\ns 21 amd 2017 SL No. 141 s 15 ; 2017 SL No. 201 s 3 ; 2019 Act No. 11 s 231 s ch 1 pt 1 ; 2025 SL No. 80 s 10 ; 2025 SL No. 163 s 6\n(sec.21-ssec.1) This section prescribes, for section 48 (1) of the Act , the assessment manager for a development application.\n(sec.21-ssec.2) For a development application for— a material change of use of premises for a wind farm and no other assessable development, the assessment manager is the chief executive; or a material change of use of premises for a wind farm and other assessable development— if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or otherwise—the assessment manager is the entity decided by the Minister.\n(sec.21-ssec.3) For a development application for— a material change of use of premises that is assessable development under schedule 10 , part 4 , division 1 and no other assessable development, the assessment manager is the chief executive; or a material change of use of premises that is assessable development under schedule 10 , part 4 , division 1 and other assessable development— if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or otherwise—the assessment manager is the entity decided by the Minister.\n(sec.21-ssec.4) For a development application for— a material change of use of premises for a relevant solar farm and no other assessable development, the assessment manager is the chief executive; or a material change of use of premises for a relevant solar farm and other assessable development— if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or otherwise—the assessment manager is the entity decided by the Minister.\n(sec.21-ssec.5) For a development application for— a material change of use of premises for a battery storage facility that is assessable development under schedule 10 , part 2 , division 1 and no other assessable development, the assessment manager is the chief executive; or a material change of use of premises for a battery storage facility that is assessable development under schedule 10 , part 2 , division 1 and other assessable development— if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or otherwise—the assessment manager is the entity decided by the Minister.\n(sec.21-ssec.6) For a development application other than an application stated in any of subsections (2) to (5) , schedule 8 , column 2 states the assessment manager for the application stated opposite the assessment manager in column 1.\n(sec.21-ssec.7) In this section— prescribed assessable development means assessable development for which, if a separate development application were made for the development, the chief executive would be the prescribed assessment manager.\n- (a) a material change of use of premises for a wind farm and no other assessable development, the assessment manager is the chief executive; or\n- (b) a material change of use of premises for a wind farm and other assessable development— (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\n- (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\n- (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (a) a material change of use of premises that is assessable development under schedule 10 , part 4 , division 1 and no other assessable development, the assessment manager is the chief executive; or\n- (b) a material change of use of premises that is assessable development under schedule 10 , part 4 , division 1 and other assessable development— (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\n- (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\n- (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (a) a material change of use of premises for a relevant solar farm and no other assessable development, the assessment manager is the chief executive; or\n- (b) a material change of use of premises for a relevant solar farm and other assessable development— (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\n- (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\n- (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (a) a material change of use of premises for a battery storage facility that is assessable development under schedule 10 , part 2 , division 1 and no other assessable development, the assessment manager is the chief executive; or\n- (b) a material change of use of premises for a battery storage facility that is assessable development under schedule 10 , part 2 , division 1 and other assessable development— (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\n- (ii) otherwise—the assessment manager is the entity decided by the Minister.\n- (i) if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or\n- (ii) otherwise—the assessment manager is the entity decided by the Minister.","sortOrder":42},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":43},{"sectionNumber":"sec.22","sectionType":"section","heading":"Referral agency’s assessment generally— Act , ss 54 , 55 and 56","content":"### sec.22 Referral agency’s assessment generally— Act , ss 54 , 55 and 56\n\nSchedules 9 and 10 prescribe—\nfor section 54 (2) (a) of the Act , the referral agency for the development applications stated in the schedules; and\nfor section 55 (2) of the Act , the matters the referral agency—\nmay or must assess the development application against; and\nmay or must assess the development application having regard to.\nFor section 55 (2) (a) of the Act , a referral agency for a development application must also assess the application against the following matters, unless the referral agency is the chief executive—\nthe laws administered by the referral agency;\nthe policies that are reasonably identifiable as policies applied by the referral agency.\nFor section 55 (2) (b) of the Act , a referral agency for a development application must also assess the application having regard to—\nif the referral agency is the chief executive—\nthe strategic outcomes for the local government area stated in the planning scheme; and\nthe purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and\nthe strategic intent and desired regional outcomes stated in the regional plan for a region; and\nthe State Planning Policy, parts C and D; and\nfor premises designated by the Minister—the designation for the premises; and\nif the referral agency is a person other than the chief executive—\na local planning instrument applying to the premises; and\nthe regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\nthe State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\nfor premises that are designated premises—the designation; and\nany temporary State planning policy applying to the premises; and\nany development approval applying to the premises; and\nto the extent the referral agency’s powers involve assessing the cost impacts of supplying infrastructure for development under chapter 4 , part 2 , division 2 , subdivision 3 or part 3 of the Act —any relevant charges resolution; and\nmaterial about the application received by the referral agency, including material received before the application was made.\nSee also section 23 .\nA referral agency may consider a matter stated in subsection (1) (b) , (2) or (3) only to the extent the referral agency considers the matter is relevant to the development.\nFor section 56 (5) of the Act , a referral agency’s powers for a development application are limited in the way stated for the application in schedule 9 or 10 .\n(sec.22-ssec.1) Schedules 9 and 10 prescribe— for section 54 (2) (a) of the Act , the referral agency for the development applications stated in the schedules; and for section 55 (2) of the Act , the matters the referral agency— may or must assess the development application against; and may or must assess the development application having regard to.\n(sec.22-ssec.2) For section 55 (2) (a) of the Act , a referral agency for a development application must also assess the application against the following matters, unless the referral agency is the chief executive— the laws administered by the referral agency; the policies that are reasonably identifiable as policies applied by the referral agency.\n(sec.22-ssec.3) For section 55 (2) (b) of the Act , a referral agency for a development application must also assess the application having regard to— if the referral agency is the chief executive— the strategic outcomes for the local government area stated in the planning scheme; and the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and the strategic intent and desired regional outcomes stated in the regional plan for a region; and the State Planning Policy, parts C and D; and for premises designated by the Minister—the designation for the premises; and if the referral agency is a person other than the chief executive— a local planning instrument applying to the premises; and the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and for premises that are designated premises—the designation; and any temporary State planning policy applying to the premises; and any development approval applying to the premises; and to the extent the referral agency’s powers involve assessing the cost impacts of supplying infrastructure for development under chapter 4 , part 2 , division 2 , subdivision 3 or part 3 of the Act —any relevant charges resolution; and material about the application received by the referral agency, including material received before the application was made. See also section 23 .\n(sec.22-ssec.4) A referral agency may consider a matter stated in subsection (1) (b) , (2) or (3) only to the extent the referral agency considers the matter is relevant to the development.\n(sec.22-ssec.5) For section 56 (5) of the Act , a referral agency’s powers for a development application are limited in the way stated for the application in schedule 9 or 10 .\n- (a) for section 54 (2) (a) of the Act , the referral agency for the development applications stated in the schedules; and\n- (b) for section 55 (2) of the Act , the matters the referral agency— (i) may or must assess the development application against; and (ii) may or must assess the development application having regard to.\n- (i) may or must assess the development application against; and\n- (ii) may or must assess the development application having regard to.\n- (i) may or must assess the development application against; and\n- (ii) may or must assess the development application having regard to.\n- (a) the laws administered by the referral agency;\n- (b) the policies that are reasonably identifiable as policies applied by the referral agency.\n- (a) if the referral agency is the chief executive— (i) the strategic outcomes for the local government area stated in the planning scheme; and (ii) the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and (iii) the strategic intent and desired regional outcomes stated in the regional plan for a region; and (iv) the State Planning Policy, parts C and D; and (v) for premises designated by the Minister—the designation for the premises; and\n- (i) the strategic outcomes for the local government area stated in the planning scheme; and\n- (ii) the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and\n- (iii) the strategic intent and desired regional outcomes stated in the regional plan for a region; and\n- (iv) the State Planning Policy, parts C and D; and\n- (v) for premises designated by the Minister—the designation for the premises; and\n- (b) if the referral agency is a person other than the chief executive— (i) a local planning instrument applying to the premises; and (ii) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (iii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (iv) for premises that are designated premises—the designation; and\n- (i) a local planning instrument applying to the premises; and\n- (ii) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iv) for premises that are designated premises—the designation; and\n- (c) any temporary State planning policy applying to the premises; and\n- (d) any development approval applying to the premises; and\n- (e) to the extent the referral agency’s powers involve assessing the cost impacts of supplying infrastructure for development under chapter 4 , part 2 , division 2 , subdivision 3 or part 3 of the Act —any relevant charges resolution; and\n- (f) material about the application received by the referral agency, including material received before the application was made.\n- (i) the strategic outcomes for the local government area stated in the planning scheme; and\n- (ii) the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and\n- (iii) the strategic intent and desired regional outcomes stated in the regional plan for a region; and\n- (iv) the State Planning Policy, parts C and D; and\n- (v) for premises designated by the Minister—the designation for the premises; and\n- (i) a local planning instrument applying to the premises; and\n- (ii) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iv) for premises that are designated premises—the designation; and","sortOrder":44},{"sectionNumber":"sec.23","sectionType":"section","heading":"Changes to referral agency’s assessment for particular development at Port of Brisbane","content":"### sec.23 Changes to referral agency’s assessment for particular development at Port of Brisbane\n\nSubsection (2) applies to a development application for development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, other than development that is—\nbuilding work; or\ncarried out on a Queensland heritage place.\nAn entity that would, other than for this subsection, be a referral agency for the development application under schedule 10 , other than schedule 10 , part 13 , division 1 , is not a referral agency for the application.\nSubsections (4) and (5) apply to a development application for—\ndevelopment on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP; or\ndevelopment below high-water mark and within the Port of Brisbane’s port limits under the Transport Infrastructure Act .\nSection 22 (3) (a) (i) to (iii) and (b)(i) and (ii) does not apply to the development application.\nFor section 55 (2) (b) of the Act , a referral agency for the development application must assess the application having regard to the Brisbane port LUP.\n(sec.23-ssec.1) Subsection (2) applies to a development application for development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, other than development that is— building work; or carried out on a Queensland heritage place.\n(sec.23-ssec.2) An entity that would, other than for this subsection, be a referral agency for the development application under schedule 10 , other than schedule 10 , part 13 , division 1 , is not a referral agency for the application.\n(sec.23-ssec.3) Subsections (4) and (5) apply to a development application for— development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP; or development below high-water mark and within the Port of Brisbane’s port limits under the Transport Infrastructure Act .\n(sec.23-ssec.4) Section 22 (3) (a) (i) to (iii) and (b)(i) and (ii) does not apply to the development application.\n(sec.23-ssec.5) For section 55 (2) (b) of the Act , a referral agency for the development application must assess the application having regard to the Brisbane port LUP.\n- (a) building work; or\n- (b) carried out on a Queensland heritage place.\n- (a) development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP; or\n- (b) development below high-water mark and within the Port of Brisbane’s port limits under the Transport Infrastructure Act .","sortOrder":45},{"sectionNumber":"sec.24","sectionType":"section","heading":"When no response by referral agency is taken to be direction to refuse— Act , s 58","content":"### sec.24 When no response by referral agency is taken to be direction to refuse— Act , s 58\n\nThis section applies to a development application for building work under the Building Act , if—\nthe local government is a referral agency for the application; and\nthe local government is assessing a matter other than the amenity and aesthetic impact of a building or structure; and\nthe local government does not comply with section 56 (4) of the Act before the end of the period stated in the development assessment rules for complying with the section, including any extension of that period under the rules.\nFor section 58 (2) (c) of the Act , the local government is taken to have directed the assessment manager to refuse the development application.\n(sec.24-ssec.1) This section applies to a development application for building work under the Building Act , if— the local government is a referral agency for the application; and the local government is assessing a matter other than the amenity and aesthetic impact of a building or structure; and the local government does not comply with section 56 (4) of the Act before the end of the period stated in the development assessment rules for complying with the section, including any extension of that period under the rules.\n(sec.24-ssec.2) For section 58 (2) (c) of the Act , the local government is taken to have directed the assessment manager to refuse the development application.\n- (a) the local government is a referral agency for the application; and\n- (b) the local government is assessing a matter other than the amenity and aesthetic impact of a building or structure; and\n- (c) the local government does not comply with section 56 (4) of the Act before the end of the period stated in the development assessment rules for complying with the section, including any extension of that period under the rules.","sortOrder":46},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Assessment manager’s decision","content":"## Assessment manager’s decision","sortOrder":47},{"sectionNumber":"sec.25","sectionType":"section","heading":"Application of subdivision","content":"### sec.25 Application of subdivision\n\nThis subdivision applies to a development application for assessable development that requires code assessment.","sortOrder":48},{"sectionNumber":"sec.26","sectionType":"section","heading":"Assessment benchmarks generally— Act , s 45","content":"### sec.26 Assessment benchmarks generally— Act , s 45\n\nFor section 45 (3) (a) of the Act , the code assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10 .\nAlso, if the prescribed assessment manager is the local government, the code assessment must be carried out against the following assessment benchmarks—\nthe assessment benchmarks stated in—\nthe regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\nthe State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\nany temporary State planning policy applying to the premises;\nif the local government is an infrastructure provider—the local government’s LGIP.\nHowever, an assessment manager may, in assessing development requiring code assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.\n(sec.26-ssec.1) For section 45 (3) (a) of the Act , the code assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10 .\n(sec.26-ssec.2) Also, if the prescribed assessment manager is the local government, the code assessment must be carried out against the following assessment benchmarks— the assessment benchmarks stated in— the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and any temporary State planning policy applying to the premises; if the local government is an infrastructure provider—the local government’s LGIP.\n(sec.26-ssec.3) However, an assessment manager may, in assessing development requiring code assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.\n- (a) the assessment benchmarks stated in— (i) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (ii) the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (iii) any temporary State planning policy applying to the premises;\n- (i) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (ii) the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) any temporary State planning policy applying to the premises;\n- (b) if the local government is an infrastructure provider—the local government’s LGIP.\n- (i) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (ii) the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) any temporary State planning policy applying to the premises;","sortOrder":49},{"sectionNumber":"sec.27","sectionType":"section","heading":"Matters code assessment must have regard to generally— Act , s 45","content":"### sec.27 Matters code assessment must have regard to generally— Act , s 45\n\nFor section 45 (3) (b) of the Act , the code assessment must be carried out having regard to—\nthe matters stated in schedules 9 and 10 for the development; and\nif the prescribed assessment manager is the chief executive—\nthe strategic outcomes for the local government area stated in the planning scheme; and\nthe purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and\nthe strategic intent and desired regional outcomes stated in the regional plan for a region; and\nthe State Planning Policy, parts C and D; and\nfor premises designated by the Minister—the designation for the premises; and\nif the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and\nif the prescribed assessment manager is a person other than the chief executive—\nthe regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\nthe State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\nfor designated premises—the designation for the premises; and\nany temporary State planning policy applying to the premises; and\nany development approval for, and any lawful use of, the premises or adjacent premises; and\nthe common material.\nHowever—\nan assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and\nif an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1) , this section does not require the assessment manager to also have regard to the assessment benchmarks.\n(sec.27-ssec.1) For section 45 (3) (b) of the Act , the code assessment must be carried out having regard to— the matters stated in schedules 9 and 10 for the development; and if the prescribed assessment manager is the chief executive— the strategic outcomes for the local government area stated in the planning scheme; and the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and the strategic intent and desired regional outcomes stated in the regional plan for a region; and the State Planning Policy, parts C and D; and for premises designated by the Minister—the designation for the premises; and if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and if the prescribed assessment manager is a person other than the chief executive— the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and for designated premises—the designation for the premises; and any temporary State planning policy applying to the premises; and any development approval for, and any lawful use of, the premises or adjacent premises; and the common material.\n(sec.27-ssec.2) However— an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1) , this section does not require the assessment manager to also have regard to the assessment benchmarks.\n- (a) the matters stated in schedules 9 and 10 for the development; and\n- (b) if the prescribed assessment manager is the chief executive— (i) the strategic outcomes for the local government area stated in the planning scheme; and (ii) the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and (iii) the strategic intent and desired regional outcomes stated in the regional plan for a region; and (iv) the State Planning Policy, parts C and D; and (v) for premises designated by the Minister—the designation for the premises; and\n- (i) the strategic outcomes for the local government area stated in the planning scheme; and\n- (ii) the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and\n- (iii) the strategic intent and desired regional outcomes stated in the regional plan for a region; and\n- (iv) the State Planning Policy, parts C and D; and\n- (v) for premises designated by the Minister—the designation for the premises; and\n- (c) if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and\n- (d) if the prescribed assessment manager is a person other than the chief executive— (i) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (ii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (iii) for designated premises—the designation for the premises; and\n- (i) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (ii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) for designated premises—the designation for the premises; and\n- (e) any temporary State planning policy applying to the premises; and\n- (f) any development approval for, and any lawful use of, the premises or adjacent premises; and\n- (g) the common material.\n- (i) the strategic outcomes for the local government area stated in the planning scheme; and\n- (ii) the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and\n- (iii) the strategic intent and desired regional outcomes stated in the regional plan for a region; and\n- (iv) the State Planning Policy, parts C and D; and\n- (v) for premises designated by the Minister—the designation for the premises; and\n- (i) the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (ii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) for designated premises—the designation for the premises; and\n- (a) an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and\n- (b) if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1) , this section does not require the assessment manager to also have regard to the assessment benchmarks.","sortOrder":50},{"sectionNumber":"sec.28","sectionType":"section","heading":"Code assessment for particular development applications","content":"### sec.28 Code assessment for particular development applications\n\nSection 26 (2) (a) does not apply to a development application for building work assessable against the building assessment provisions.\nFor a development application for reconfiguring a lot to which schedule 12 applies—\nsections 26 and 27 do not apply; and\nthe code assessment must be carried out only against the assessment benchmarks stated in schedule 10 , part 14 , division 2 for the development.\n(sec.28-ssec.1) Section 26 (2) (a) does not apply to a development application for building work assessable against the building assessment provisions.\n(sec.28-ssec.2) For a development application for reconfiguring a lot to which schedule 12 applies— sections 26 and 27 do not apply; and the code assessment must be carried out only against the assessment benchmarks stated in schedule 10 , part 14 , division 2 for the development.\n- (a) sections 26 and 27 do not apply; and\n- (b) the code assessment must be carried out only against the assessment benchmarks stated in schedule 10 , part 14 , division 2 for the development.","sortOrder":51},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application of subdivision","content":"### sec.29 Application of subdivision\n\nThis subdivision applies to a development application for assessable development that requires impact assessment.","sortOrder":52},{"sectionNumber":"sec.30","sectionType":"section","heading":"Assessment benchmarks generally— Act , s 45","content":"### sec.30 Assessment benchmarks generally— Act , s 45\n\nFor section 45 (5) (a) (i) of the Act , the impact assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10 .\nAlso, if the prescribed assessment manager is the local government, the impact assessment must be carried out against the following assessment benchmarks—\nthe assessment benchmarks stated in—\nthe regional plan for a region; and\nthe State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\na temporary State planning policy applying to the premises;\nif the development is not in a local government area—any local planning instrument for a local government area that may be materially affected by the development;\nif the local government is an infrastructure provider—the local government’s LGIP.\nHowever, an assessment manager may, in assessing development requiring impact assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.\ns 30 amd 2017 SL No. 141 s 4\n(sec.30-ssec.1) For section 45 (5) (a) (i) of the Act , the impact assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10 .\n(sec.30-ssec.2) Also, if the prescribed assessment manager is the local government, the impact assessment must be carried out against the following assessment benchmarks— the assessment benchmarks stated in— the regional plan for a region; and the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and a temporary State planning policy applying to the premises; if the development is not in a local government area—any local planning instrument for a local government area that may be materially affected by the development; if the local government is an infrastructure provider—the local government’s LGIP.\n(sec.30-ssec.3) However, an assessment manager may, in assessing development requiring impact assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.\n- (a) the assessment benchmarks stated in— (i) the regional plan for a region; and (ii) the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (iii) a temporary State planning policy applying to the premises;\n- (i) the regional plan for a region; and\n- (ii) the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) a temporary State planning policy applying to the premises;\n- (b) if the development is not in a local government area—any local planning instrument for a local government area that may be materially affected by the development;\n- (c) if the local government is an infrastructure provider—the local government’s LGIP.\n- (i) the regional plan for a region; and\n- (ii) the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) a temporary State planning policy applying to the premises;","sortOrder":53},{"sectionNumber":"sec.31","sectionType":"section","heading":"Matters impact assessment must have regard to generally— Act , s 45","content":"### sec.31 Matters impact assessment must have regard to generally— Act , s 45\n\nFor section 45 (5) (a) (ii) of the Act , the impact assessment must be carried out having regard to—\nthe matters stated in schedules 9 and 10 for the development; and\nif the prescribed assessment manager is the chief executive—\nthe strategic outcomes for the local government area stated in the planning scheme; and\nthe purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and\nthe strategic intent and desired regional outcomes stated in the regional plan for a region; and\nthe State Planning Policy, parts C and D; and\nfor premises designated by the Minister—the designation for the premises; and\nif the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and\nif the prescribed assessment manager is a person other than the chief executive—\nthe regional plan for a region; and\nthe State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\nfor designated premises—the designation for the premises; and\nany temporary State planning policy applying to the premises; and\nany development approval for, and any lawful use of, the premises or adjacent premises; and\nthe common material.\nHowever—\nan assessment manager may, in assessing development requiring impact assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and\nif an assessment manager is required to carry out impact assessment against assessment benchmarks in an instrument stated in subsection (1) , this section does not require the assessment manager to also have regard to the assessment benchmarks.\ns 31 amd 2017 SL No. 141 s 5\n(sec.31-ssec.1) For section 45 (5) (a) (ii) of the Act , the impact assessment must be carried out having regard to— the matters stated in schedules 9 and 10 for the development; and if the prescribed assessment manager is the chief executive— the strategic outcomes for the local government area stated in the planning scheme; and the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and the strategic intent and desired regional outcomes stated in the regional plan for a region; and the State Planning Policy, parts C and D; and for premises designated by the Minister—the designation for the premises; and if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and if the prescribed assessment manager is a person other than the chief executive— the regional plan for a region; and the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and for designated premises—the designation for the premises; and any temporary State planning policy applying to the premises; and any development approval for, and any lawful use of, the premises or adjacent premises; and the common material.\n(sec.31-ssec.2) However— an assessment manager may, in assessing development requiring impact assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and if an assessment manager is required to carry out impact assessment against assessment benchmarks in an instrument stated in subsection (1) , this section does not require the assessment manager to also have regard to the assessment benchmarks.\n- (a) the matters stated in schedules 9 and 10 for the development; and\n- (b) if the prescribed assessment manager is the chief executive— (i) the strategic outcomes for the local government area stated in the planning scheme; and (ii) the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and (iii) the strategic intent and desired regional outcomes stated in the regional plan for a region; and (iv) the State Planning Policy, parts C and D; and (v) for premises designated by the Minister—the designation for the premises; and\n- (i) the strategic outcomes for the local government area stated in the planning scheme; and\n- (ii) the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and\n- (iii) the strategic intent and desired regional outcomes stated in the regional plan for a region; and\n- (iv) the State Planning Policy, parts C and D; and\n- (v) for premises designated by the Minister—the designation for the premises; and\n- (c) if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and\n- (d) if the prescribed assessment manager is a person other than the chief executive— (i) the regional plan for a region; and (ii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and (iii) for designated premises—the designation for the premises; and\n- (i) the regional plan for a region; and\n- (ii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) for designated premises—the designation for the premises; and\n- (e) any temporary State planning policy applying to the premises; and\n- (f) any development approval for, and any lawful use of, the premises or adjacent premises; and\n- (g) the common material.\n- (i) the strategic outcomes for the local government area stated in the planning scheme; and\n- (ii) the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and\n- (iii) the strategic intent and desired regional outcomes stated in the regional plan for a region; and\n- (iv) the State Planning Policy, parts C and D; and\n- (v) for premises designated by the Minister—the designation for the premises; and\n- (i) the regional plan for a region; and\n- (ii) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and\n- (iii) for designated premises—the designation for the premises; and\n- (a) an assessment manager may, in assessing development requiring impact assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and\n- (b) if an assessment manager is required to carry out impact assessment against assessment benchmarks in an instrument stated in subsection (1) , this section does not require the assessment manager to also have regard to the assessment benchmarks.","sortOrder":54},{"sectionNumber":"sec.32","sectionType":"section","heading":"Assessing variation requests— Act , s 61","content":"### sec.32 Assessing variation requests— Act , s 61\n\nFor section 61 (2) (d) of the Act , an assessment manager must consider the following matters when assessing a variation request, to the extent the matter is relevant to the request—\nthe common material;\nthe regional plan for a region;\nthe State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme;\nany temporary State planning policy.\ns 32 amd 2017 SL No. 141 s 6\n- (a) the common material;\n- (b) the regional plan for a region;\n- (c) the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme;\n- (d) any temporary State planning policy.","sortOrder":55},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Fees","content":"## Fees","sortOrder":56},{"sectionNumber":"sec.33","sectionType":"section","heading":"Required fee for development applications— Act , s 51","content":"### sec.33 Required fee for development applications— Act , s 51\n\nFor section 51 (1) (b) (ii) of the Act , the required fee for a development application (a prescribed development application ) that the Minister or a public sector entity, other than a local government, is the assessment manager for is—\nif the application is for 1 aspect of development only—the fee stated in schedule 9 or 10 for a development application for the aspect made to the Minister or public sector entity; or\nif the application is for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were made to the Minister or public sector entity.\nThe chief executive is assessment manager for a development application for assessable development under schedule 10 , part 7 , division 1 , section 13 , and assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspects of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as assessment manager is 24,004 fee units.\nHowever, this section is subject to sections 35 to 38 .\ns 33 amd 2018 SL No. 56 s 7 ; 2018 SL No. 91 s 5 ; 2019 SL No. 104 s 4 ; 2020 SL No. 163 s 3 ; 2021 SL No. 78 s 4 ; 2022 SL No. 75 s 4\n(sec.33-ssec.1) For section 51 (1) (b) (ii) of the Act , the required fee for a development application (a prescribed development application ) that the Minister or a public sector entity, other than a local government, is the assessment manager for is— if the application is for 1 aspect of development only—the fee stated in schedule 9 or 10 for a development application for the aspect made to the Minister or public sector entity; or if the application is for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were made to the Minister or public sector entity. The chief executive is assessment manager for a development application for assessable development under schedule 10 , part 7 , division 1 , section 13 , and assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspects of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as assessment manager is 24,004 fee units.\n(sec.33-ssec.2) However, this section is subject to sections 35 to 38 .\n- (a) if the application is for 1 aspect of development only—the fee stated in schedule 9 or 10 for a development application for the aspect made to the Minister or public sector entity; or\n- (b) if the application is for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were made to the Minister or public sector entity. Example for paragraph (b) — The chief executive is assessment manager for a development application for assessable development under schedule 10 , part 7 , division 1 , section 13 , and assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspects of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as assessment manager is 24,004 fee units.","sortOrder":57},{"sectionNumber":"sec.34","sectionType":"section","heading":"Required fee for referral agency’s assessment— Act , s 54","content":"### sec.34 Required fee for referral agency’s assessment— Act , s 54\n\nFor section 54 (1) of the Act , the required fee for the referral under section 54 of the Act of a development application (also a prescribed development application ) to the Minister or a public sector entity, other than a local government, is—\nif the Minister or public sector entity is a referral agency for 1 aspect of development only—the fee stated in schedule 9 or 10 for the referral of a development application for the aspect to the Minister or public sector entity; or\nif the Minister or public sector entity is a referral agency for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were referred to the Minister or public sector entity.\nThe chief executive is a referral agency for a development application for assessable development under schedule 10 , part 7 , division 1 , section 13 , and assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspects of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as referral agency is 11,145 fee units.\nHowever, this section is subject to sections 35 to 38 .\ns 34 amd 2018 SL No. 56 s 8 ; 2018 SL No. 91 s 6 ; 2019 SL No. 104 s 5 ; 2020 SL No. 163 s 4 ; 2021 SL No. 78 s 5 ; 2022 SL No. 75 s 5\n(sec.34-ssec.1) For section 54 (1) of the Act , the required fee for the referral under section 54 of the Act of a development application (also a prescribed development application ) to the Minister or a public sector entity, other than a local government, is— if the Minister or public sector entity is a referral agency for 1 aspect of development only—the fee stated in schedule 9 or 10 for the referral of a development application for the aspect to the Minister or public sector entity; or if the Minister or public sector entity is a referral agency for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were referred to the Minister or public sector entity. The chief executive is a referral agency for a development application for assessable development under schedule 10 , part 7 , division 1 , section 13 , and assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspects of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as referral agency is 11,145 fee units.\n(sec.34-ssec.2) However, this section is subject to sections 35 to 38 .\n- (a) if the Minister or public sector entity is a referral agency for 1 aspect of development only—the fee stated in schedule 9 or 10 for the referral of a development application for the aspect to the Minister or public sector entity; or\n- (b) if the Minister or public sector entity is a referral agency for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were referred to the Minister or public sector entity. Example for paragraph (b) — The chief executive is a referral agency for a development application for assessable development under schedule 10 , part 7 , division 1 , section 13 , and assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspects of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as referral agency is 11,145 fee units.","sortOrder":58},{"sectionNumber":"sec.35","sectionType":"section","heading":"Fee for operational work for clearing native vegetation","content":"### sec.35 Fee for operational work for clearing native vegetation\n\nThis section applies to a prescribed development application for operational work for the clearing of native vegetation if—\nthe application or referral is for more than 1 aspect of the operational work; and\nthe total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than 13,715 fee units.\nThe total of the fee payable to the assessment manager or referral agency for the aspects is 13,715 fee units.\nFor a development application for assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspects of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(a)(ii), (b)(iii) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is 13,715 fee units.\nHowever, this section is subject to sections 37 and 38 .\ns 35 amd 2018 SL No. 56 s 9 ; 2018 SL No. 91 s 7 ; 2019 SL No. 104 s 6 ; 2020 SL No. 163 s 5 ; 2021 SL No. 78 s 6 ; 2022 SL No. 75 s 6\n(sec.35-ssec.1) This section applies to a prescribed development application for operational work for the clearing of native vegetation if— the application or referral is for more than 1 aspect of the operational work; and the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than 13,715 fee units.\n(sec.35-ssec.2) The total of the fee payable to the assessment manager or referral agency for the aspects is 13,715 fee units. For a development application for assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspects of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(a)(ii), (b)(iii) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is 13,715 fee units.\n(sec.35-ssec.3) However, this section is subject to sections 37 and 38 .\n- (a) the application or referral is for more than 1 aspect of the operational work; and\n- (b) the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than 13,715 fee units.","sortOrder":59},{"sectionNumber":"sec.36","sectionType":"section","heading":"Fee for operational work that is waterway barrier works","content":"### sec.36 Fee for operational work that is waterway barrier works\n\nThis section applies to a prescribed development application for operational work that is constructing or raising waterway barrier works if—\nthe application or referral is for more than 1 aspect of the operational work; and\nthe total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than 13,715 fee units.\nThe total of the fee payable to the assessment manager or referral agency for the aspects is 13,715 fee units.\nFor a development application for assessable development under schedule 10 , part 6 , division 4 , subdivision 1 , section 12 for the aspects of development stated in schedule 10 , part 6 , division 4 , subdivision 2 , table 1, item 5(a), (b) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is 13,715 fee units.\nHowever, this section is subject to sections 37 and 38 .\ns 36 amd 2018 SL No. 91 s 8 ; 2019 SL No. 104 s 7 ; 2020 SL No. 163 s 6 ; 2021 SL No. 78 s 7 ; 2022 SL No. 75 s 7\n(sec.36-ssec.1) This section applies to a prescribed development application for operational work that is constructing or raising waterway barrier works if— the application or referral is for more than 1 aspect of the operational work; and the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than 13,715 fee units.\n(sec.36-ssec.2) The total of the fee payable to the assessment manager or referral agency for the aspects is 13,715 fee units. For a development application for assessable development under schedule 10 , part 6 , division 4 , subdivision 1 , section 12 for the aspects of development stated in schedule 10 , part 6 , division 4 , subdivision 2 , table 1, item 5(a), (b) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is 13,715 fee units.\n(sec.36-ssec.3) However, this section is subject to sections 37 and 38 .\n- (a) the application or referral is for more than 1 aspect of the operational work; and\n- (b) the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than 13,715 fee units.","sortOrder":60},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Fee for assessable development under s ch 10 , pt 16","content":"### sec.36A Fee for assessable development under s ch 10 , pt 16\n\nThis section applies in relation to the referral of a prescribed development application under schedule 10 , part 16 if the referral is for more than 1 type of material change of use that is assessable development under that part.\nThe total of the fee payable to the referral agency for the referral is 1,714 fee units.\nFor a development application for assessable development under schedule 10 , part 16 , sections 24 and 27 , the total fee payable to the chief executive as referral agency for the application is 1,714 fee units.\nHowever, this section is subject to sections 37 and 38 .\ns 36A ins 2017 SL No. 141 s 7\namd 2018 SL No. 91 s 9 ; 2019 SL No. 104 s 8 ; 2020 SL No. 163 s 7 ; 2021 SL No. 78 s 8 ; 2022 SL No. 75 s 8\n(sec.36A-ssec.1) This section applies in relation to the referral of a prescribed development application under schedule 10 , part 16 if the referral is for more than 1 type of material change of use that is assessable development under that part.\n(sec.36A-ssec.2) The total of the fee payable to the referral agency for the referral is 1,714 fee units. For a development application for assessable development under schedule 10 , part 16 , sections 24 and 27 , the total fee payable to the chief executive as referral agency for the application is 1,714 fee units.\n(sec.36A-ssec.3) However, this section is subject to sections 37 and 38 .","sortOrder":61},{"sectionNumber":"sec.37","sectionType":"section","heading":"Fee for fast-track development","content":"### sec.37 Fee for fast-track development\n\nThis section applies to a prescribed development application if—\nthe application is for an aspect of development that is fast-track development; and\nthe fee payable to the assessment manager or a referral agency for the aspect would, other than for this section, be more than 856 fee units.\nThe fee payable to the assessment manager or referral agency for the aspect is 856 fee units.\nHowever, this section is subject to section 38 .\ns 37 amd 2018 SL No. 91 s 10 ; 2019 SL No. 104 s 9 ; 2020 SL No. 163 s 8 ; 2021 SL No. 78 s 9 ; 2022 SL No. 75 s 9\n(sec.37-ssec.1) This section applies to a prescribed development application if— the application is for an aspect of development that is fast-track development; and the fee payable to the assessment manager or a referral agency for the aspect would, other than for this section, be more than 856 fee units.\n(sec.37-ssec.2) The fee payable to the assessment manager or referral agency for the aspect is 856 fee units.\n(sec.37-ssec.3) However, this section is subject to section 38 .\n- (a) the application is for an aspect of development that is fast-track development; and\n- (b) the fee payable to the assessment manager or a referral agency for the aspect would, other than for this section, be more than 856 fee units.","sortOrder":62},{"sectionNumber":"sec.38","sectionType":"section","heading":"Required fee for registered non-profit organisations and government-funded community development","content":"### sec.38 Required fee for registered non-profit organisations and government-funded community development\n\nThis section applies to a prescribed development application if 1 or both of the following apply—\nthe application is made by a registered non-profit organisation;\nthe application is for a community-related use, activity or facility, and all of the following apply—\nthe development is funded, wholly or partly, by the State or Commonwealth;\nthe application is accompanied by a statutory declaration by the applicant stating the amount of the funding;\nthe required fee that would, other than for this section, be payable to the assessment manager or a referral agency for the application, is more than 5% of the amount stated in the statutory declaration.\nThe required fee payable to the assessment manager or referral agency for the application, is 50% of the fee that would, other than for this section, be payable for the application.\nFor a development application made by a registered non-profit organisation for assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspect of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(c), the required fee payable to the assessment manager for the application, which would, other than for this section, be 13,715 fee units, is 6,858 fee units.\nFor a development application made by a registered non-profit organisation for assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspect of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(c) that is fast-track development, the required fee payable to the assessment manager for the application, which would other than for this section be 856 fee units, is 428 fee units.\ns 38 amd 2018 SL No. 56 s 10 ; 2018 SL No. 91 s 11 ; 2019 SL No. 104 s 10 ; 2020 SL No. 163 s 9 ; 2021 SL No. 78 s 10 ; 2022 SL No. 75 s 10\n(sec.38-ssec.1) This section applies to a prescribed development application if 1 or both of the following apply— the application is made by a registered non-profit organisation; the application is for a community-related use, activity or facility, and all of the following apply— the development is funded, wholly or partly, by the State or Commonwealth; the application is accompanied by a statutory declaration by the applicant stating the amount of the funding; the required fee that would, other than for this section, be payable to the assessment manager or a referral agency for the application, is more than 5% of the amount stated in the statutory declaration.\n(sec.38-ssec.2) The required fee payable to the assessment manager or referral agency for the application, is 50% of the fee that would, other than for this section, be payable for the application. For a development application made by a registered non-profit organisation for assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspect of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(c), the required fee payable to the assessment manager for the application, which would, other than for this section, be 13,715 fee units, is 6,858 fee units. For a development application made by a registered non-profit organisation for assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspect of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(c) that is fast-track development, the required fee payable to the assessment manager for the application, which would other than for this section be 856 fee units, is 428 fee units.\n- (a) the application is made by a registered non-profit organisation;\n- (b) the application is for a community-related use, activity or facility, and all of the following apply— (i) the development is funded, wholly or partly, by the State or Commonwealth; (ii) the application is accompanied by a statutory declaration by the applicant stating the amount of the funding; (iii) the required fee that would, other than for this section, be payable to the assessment manager or a referral agency for the application, is more than 5% of the amount stated in the statutory declaration.\n- (i) the development is funded, wholly or partly, by the State or Commonwealth;\n- (ii) the application is accompanied by a statutory declaration by the applicant stating the amount of the funding;\n- (iii) the required fee that would, other than for this section, be payable to the assessment manager or a referral agency for the application, is more than 5% of the amount stated in the statutory declaration.\n- (i) the development is funded, wholly or partly, by the State or Commonwealth;\n- (ii) the application is accompanied by a statutory declaration by the applicant stating the amount of the funding;\n- (iii) the required fee that would, other than for this section, be payable to the assessment manager or a referral agency for the application, is more than 5% of the amount stated in the statutory declaration.\n- 1 For a development application made by a registered non-profit organisation for assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspect of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(c), the required fee payable to the assessment manager for the application, which would, other than for this section, be 13,715 fee units, is 6,858 fee units.\n- 2 For a development application made by a registered non-profit organisation for assessable development under schedule 10 , part 3 , division 2 , section 5 for the aspect of development stated in schedule 10 , part 3 , division 3 , table 1, item 5(c) that is fast-track development, the required fee payable to the assessment manager for the application, which would other than for this section be 856 fee units, is 428 fee units.","sortOrder":63},{"sectionNumber":"sec.39","sectionType":"section","heading":"Required fee for particular change applications and extension applications— Act , ss 79 and 86","content":"### sec.39 Required fee for particular change applications and extension applications— Act , ss 79 and 86\n\nSchedule 15 prescribes—\nfor section 79 (1) (b) (i) of the Act , the required fee for making a change application to the chief executive or the Minister as the responsible entity; and\nfor section 86 (2) (b) of the Act , the required fee for making an extension application to the chief executive as the assessment manager.\nSubsection (1) (a) does not apply in relation to the making of a change application to change a development approval given or changed by the chief executive under chapter 3 , part 6A of the Act .\ns 39 amd 2020 SL No. 163 s 10 ; 2024 SL No. 123 s 11\n(sec.39-ssec.1) Schedule 15 prescribes— for section 79 (1) (b) (i) of the Act , the required fee for making a change application to the chief executive or the Minister as the responsible entity; and for section 86 (2) (b) of the Act , the required fee for making an extension application to the chief executive as the assessment manager.\n(sec.39-ssec.2) Subsection (1) (a) does not apply in relation to the making of a change application to change a development approval given or changed by the chief executive under chapter 3 , part 6A of the Act .\n- (a) for section 79 (1) (b) (i) of the Act , the required fee for making a change application to the chief executive or the Minister as the responsible entity; and\n- (b) for section 86 (2) (b) of the Act , the required fee for making an extension application to the chief executive as the assessment manager.","sortOrder":64},{"sectionNumber":"sec.40","sectionType":"section","heading":"When required fee may be waived— Act , s 109","content":"### sec.40 When required fee may be waived— Act , s 109\n\nThis section applies to—\na development application; or\na change application; or\nan extension application; or\nthe referral, under section 54 of the Act , of a development application or change application to a referral agency.\nFor section 109 (b) of the Act , all or part of the required fee for the application or referral may be waived if the application or referral is made by a registered non-profit organisation.\n(sec.40-ssec.1) This section applies to— a development application; or a change application; or an extension application; or the referral, under section 54 of the Act , of a development application or change application to a referral agency.\n(sec.40-ssec.2) For section 109 (b) of the Act , all or part of the required fee for the application or referral may be waived if the application or referral is made by a registered non-profit organisation.\n- (a) a development application; or\n- (b) a change application; or\n- (c) an extension application; or\n- (d) the referral, under section 54 of the Act , of a development application or change application to a referral agency.","sortOrder":65},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":66},{"sectionNumber":"sec.41","sectionType":"section","heading":"Deciding whether development is consistent with future planning intent","content":"### sec.41 Deciding whether development is consistent with future planning intent\n\nThis section applies if, under schedule 10 , part 15 , a referral agency is deciding whether or not development on premises completely or partly in an SEQ development area is consistent with the future planning intent for the area in which the premises are located.\nSubsection (3) applies if—\nthe planning scheme applying to the premises, or a major amendment of the planning scheme, is made after the gazette notice identifying the SEQ development area is published; and\nthe planning scheme or amendment includes a land use and infrastructure plan for the SEQ development area.\nThe referral agency may decide the development is consistent with the future planning intent for the area only if the development is consistent with the land use and infrastructure plan.\nIf subsection (3) does not apply, the referral agency may decide the development is consistent with the future planning intent for the area only if the development—\nis consistent with the outcomes and strategies, and subregional directions, stated in the SEQ regional plan; and\ndoes not compromise the intent for the area stated in—\nthe SEQ regional plan; or\nthe gazette notice for the SEQ development area; and\ndoes not adversely affect the delivery and orderly sequencing of infrastructure for the SEQ development area or land adjacent to the SEQ development area; and\nis compatible with the use of other premises in the surrounding area; and\navoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides, or, if the area can not be avoided, minimises the risk.\nIn this section—\nmajor amendment , of a planning scheme, see the Minister’s guidelines and rules, schedule 1 , section 4 .\ns 41 sub 2017 SL No. 141 s 8\namd 2023 SL No. 195 s 4\n(sec.41-ssec.1) This section applies if, under schedule 10 , part 15 , a referral agency is deciding whether or not development on premises completely or partly in an SEQ development area is consistent with the future planning intent for the area in which the premises are located.\n(sec.41-ssec.2) Subsection (3) applies if— the planning scheme applying to the premises, or a major amendment of the planning scheme, is made after the gazette notice identifying the SEQ development area is published; and the planning scheme or amendment includes a land use and infrastructure plan for the SEQ development area.\n(sec.41-ssec.3) The referral agency may decide the development is consistent with the future planning intent for the area only if the development is consistent with the land use and infrastructure plan.\n(sec.41-ssec.4) If subsection (3) does not apply, the referral agency may decide the development is consistent with the future planning intent for the area only if the development— is consistent with the outcomes and strategies, and subregional directions, stated in the SEQ regional plan; and does not compromise the intent for the area stated in— the SEQ regional plan; or the gazette notice for the SEQ development area; and does not adversely affect the delivery and orderly sequencing of infrastructure for the SEQ development area or land adjacent to the SEQ development area; and is compatible with the use of other premises in the surrounding area; and avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides, or, if the area can not be avoided, minimises the risk.\n(sec.41-ssec.5) In this section— major amendment , of a planning scheme, see the Minister’s guidelines and rules, schedule 1 , section 4 .\n- (a) the planning scheme applying to the premises, or a major amendment of the planning scheme, is made after the gazette notice identifying the SEQ development area is published; and\n- (b) the planning scheme or amendment includes a land use and infrastructure plan for the SEQ development area.\n- (a) is consistent with the outcomes and strategies, and subregional directions, stated in the SEQ regional plan; and\n- (b) does not compromise the intent for the area stated in— (i) the SEQ regional plan; or (ii) the gazette notice for the SEQ development area; and\n- (i) the SEQ regional plan; or\n- (ii) the gazette notice for the SEQ development area; and\n- (c) does not adversely affect the delivery and orderly sequencing of infrastructure for the SEQ development area or land adjacent to the SEQ development area; and\n- (d) is compatible with the use of other premises in the surrounding area; and\n- (e) avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides, or, if the area can not be avoided, minimises the risk.\n- (i) the SEQ regional plan; or\n- (ii) the gazette notice for the SEQ development area; and","sortOrder":67},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Deciding whether development is required to be outside SEQ urban footprint","content":"### sec.41A Deciding whether development is required to be outside SEQ urban footprint\n\nThis section applies if, under schedule 10 , part 16 , a referral agency is deciding whether or not the locational requirements or environmental impacts of development require it to be outside the SEQ urban footprint.\nThe referral agency may decide the locational requirements or environmental impacts of the development require it to be outside the SEQ urban footprint only if—\nthe premises have particular characteristics that are necessary for the carrying out of the development; and\nthe development could not reasonably be located on premises in the SEQ urban footprint that have the particular characteristics.\ns 41A ins 2017 SL No. 141 s 8\n(sec.41A-ssec.1) This section applies if, under schedule 10 , part 16 , a referral agency is deciding whether or not the locational requirements or environmental impacts of development require it to be outside the SEQ urban footprint.\n(sec.41A-ssec.2) The referral agency may decide the locational requirements or environmental impacts of the development require it to be outside the SEQ urban footprint only if— the premises have particular characteristics that are necessary for the carrying out of the development; and the development could not reasonably be located on premises in the SEQ urban footprint that have the particular characteristics.\n- (a) the premises have particular characteristics that are necessary for the carrying out of the development; and\n- (b) the development could not reasonably be located on premises in the SEQ urban footprint that have the particular characteristics.","sortOrder":68},{"sectionNumber":"sec.41B","sectionType":"section","heading":"Deciding whether there is an overriding need in the public interest for development","content":"### sec.41B Deciding whether there is an overriding need in the public interest for development\n\nThis section applies if, under schedule 10 , part 16 or 16B , a referral agency is deciding whether or not there is an overriding need, in the public interest, for development to be carried out.\nThe referral agency may decide there is an overriding need, in the public interest, for the development to be carried out only if the development application demonstrates that—\nthe development will have a social, economic or environmental benefit for the community that outweighs—\nany adverse impact on the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan; and\nthe desirability of achieving the outcomes and strategies, and subregional directions, stated in the SEQ regional plan, particularly the outcomes and strategies about—\nconsolidating urban development in the SEQ urban footprint; and\npreventing land fragmentation in the SEQ regional landscape and rural production area; and\nthere will be a significant adverse economic, social or environmental impact on the community if the development is not carried out.\nTo remove any doubt, it is declared that there is not an overriding need, in the public interest, for the development to be carried out merely because—\nthe applicant—\nowns the premises; or\nhas an interest in, or option over, the premises; or\nthe premises are available for the carrying out of the development.\ns 41B ins 2017 SL No. 141 s 8\namd 2023 SL No. 195 s 5\n(sec.41B-ssec.1) This section applies if, under schedule 10 , part 16 or 16B , a referral agency is deciding whether or not there is an overriding need, in the public interest, for development to be carried out.\n(sec.41B-ssec.2) The referral agency may decide there is an overriding need, in the public interest, for the development to be carried out only if the development application demonstrates that— the development will have a social, economic or environmental benefit for the community that outweighs— any adverse impact on the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan; and the desirability of achieving the outcomes and strategies, and subregional directions, stated in the SEQ regional plan, particularly the outcomes and strategies about— consolidating urban development in the SEQ urban footprint; and preventing land fragmentation in the SEQ regional landscape and rural production area; and there will be a significant adverse economic, social or environmental impact on the community if the development is not carried out.\n(sec.41B-ssec.3) To remove any doubt, it is declared that there is not an overriding need, in the public interest, for the development to be carried out merely because— the applicant— owns the premises; or has an interest in, or option over, the premises; or the premises are available for the carrying out of the development.\n- (a) the development will have a social, economic or environmental benefit for the community that outweighs— (i) any adverse impact on the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan; and (ii) the desirability of achieving the outcomes and strategies, and subregional directions, stated in the SEQ regional plan, particularly the outcomes and strategies about— (A) consolidating urban development in the SEQ urban footprint; and (B) preventing land fragmentation in the SEQ regional landscape and rural production area; and\n- (i) any adverse impact on the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan; and\n- (ii) the desirability of achieving the outcomes and strategies, and subregional directions, stated in the SEQ regional plan, particularly the outcomes and strategies about— (A) consolidating urban development in the SEQ urban footprint; and (B) preventing land fragmentation in the SEQ regional landscape and rural production area; and\n- (A) consolidating urban development in the SEQ urban footprint; and\n- (B) preventing land fragmentation in the SEQ regional landscape and rural production area; and\n- (b) there will be a significant adverse economic, social or environmental impact on the community if the development is not carried out.\n- (i) any adverse impact on the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan; and\n- (ii) the desirability of achieving the outcomes and strategies, and subregional directions, stated in the SEQ regional plan, particularly the outcomes and strategies about— (A) consolidating urban development in the SEQ urban footprint; and (B) preventing land fragmentation in the SEQ regional landscape and rural production area; and\n- (A) consolidating urban development in the SEQ urban footprint; and\n- (B) preventing land fragmentation in the SEQ regional landscape and rural production area; and\n- (A) consolidating urban development in the SEQ urban footprint; and\n- (B) preventing land fragmentation in the SEQ regional landscape and rural production area; and\n- (a) the applicant— (i) owns the premises; or (ii) has an interest in, or option over, the premises; or\n- (i) owns the premises; or\n- (ii) has an interest in, or option over, the premises; or\n- (b) the premises are available for the carrying out of the development.\n- (i) owns the premises; or\n- (ii) has an interest in, or option over, the premises; or","sortOrder":69},{"sectionNumber":"sec.42","sectionType":"section","heading":"Who decision notice must be given to— Act , ss 63 and 76","content":"### sec.42 Who decision notice must be given to— Act , ss 63 and 76\n\nFor sections 63 (1) (f) and 76 (2) (b) (v) of the Act , the following persons are prescribed—\nif a distributor-retailer delegated its functions as a referral agency for the development application to its participating local government—the distributor-retailer;\nif the development application is for building work—\nthe owner of any prescribed building that the application relates to; and\nany other person nominated on the application as the person to receive documents.\nIn this section—\nprescribed building means a building that is, under the Building Code, a single detached class 1(a) building or a class 10 building or structure.\n(sec.42-ssec.1) For sections 63 (1) (f) and 76 (2) (b) (v) of the Act , the following persons are prescribed— if a distributor-retailer delegated its functions as a referral agency for the development application to its participating local government—the distributor-retailer; if the development application is for building work— the owner of any prescribed building that the application relates to; and any other person nominated on the application as the person to receive documents.\n(sec.42-ssec.2) In this section— prescribed building means a building that is, under the Building Code, a single detached class 1(a) building or a class 10 building or structure.\n- (a) if a distributor-retailer delegated its functions as a referral agency for the development application to its participating local government—the distributor-retailer;\n- (b) if the development application is for building work— (i) the owner of any prescribed building that the application relates to; and (ii) any other person nominated on the application as the person to receive documents.\n- (i) the owner of any prescribed building that the application relates to; and\n- (ii) any other person nominated on the application as the person to receive documents.\n- (i) the owner of any prescribed building that the application relates to; and\n- (ii) any other person nominated on the application as the person to receive documents.","sortOrder":70},{"sectionNumber":"sec.43","sectionType":"section","heading":"Requirements for decision notice— Act , s 63","content":"### sec.43 Requirements for decision notice— Act , s 63\n\nFor section 63 (3) of the Act , a decision notice for a development application that is approved must—\nstate any other development permits necessary to allow the development to be carried out; and\nbe accompanied by any approved plans, specifications or drawings for the development approval; and\nif the development involves building work that is building, repairing or altering a building and is assessable against the building assessment provisions—state the classification or proposed classification of the building or parts of the building under the Building Code; and\nif the development application is taken, under the Environmental Protection Act , section 115 , to also be an application for an environmental authority—state details of any environmental authority given for the application under that Act; and\nbe accompanied by a copy of any written agreement under section 49 (4) (b) or 66 (2) (b) or (c) of the Act relating to the approval.\n- (a) state any other development permits necessary to allow the development to be carried out; and\n- (b) be accompanied by any approved plans, specifications or drawings for the development approval; and\n- (c) if the development involves building work that is building, repairing or altering a building and is assessable against the building assessment provisions—state the classification or proposed classification of the building or parts of the building under the Building Code; and\n- (d) if the development application is taken, under the Environmental Protection Act , section 115 , to also be an application for an environmental authority—state details of any environmental authority given for the application under that Act; and\n- (e) be accompanied by a copy of any written agreement under section 49 (4) (b) or 66 (2) (b) or (c) of the Act relating to the approval.","sortOrder":71},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Development condition relating to provision of affordable housing component— Act , s 65A","content":"### sec.43A Development condition relating to provision of affordable housing component— Act , s 65A\n\nFor section 65A (1) of the Act , a development condition imposed on a development approval mentioned in the section may relate to the provision of an affordable housing component on the premises the subject of the approval if the condition—\nstates the period the component must be maintained as an affordable housing component; and\nincludes a detailed description of the affordable housing component, including, for example—\nthe number of dwellings to be provided as part of the component; and\nthe gross floor area of each building to be provided as part of the component; and\nthe premises to which the condition relates.\ns 43A ins 2024 SL No. 123 s 12\n- (a) states the period the component must be maintained as an affordable housing component; and\n- (b) includes a detailed description of the affordable housing component, including, for example— (i) the number of dwellings to be provided as part of the component; and (ii) the gross floor area of each building to be provided as part of the component; and (iii) the premises to which the condition relates.\n- (i) the number of dwellings to be provided as part of the component; and\n- (ii) the gross floor area of each building to be provided as part of the component; and\n- (iii) the premises to which the condition relates.\n- (i) the number of dwellings to be provided as part of the component; and\n- (ii) the gross floor area of each building to be provided as part of the component; and\n- (iii) the premises to which the condition relates.","sortOrder":72},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Criteria for application proposing affordable housing component— Act , s 65A","content":"### sec.43B Criteria for application proposing affordable housing component— Act , s 65A\n\nFor section 65A (1) (b) (ii) of the Act , an application that proposes the provision of an affordable housing component must include information that demonstrates the component—\nis of a type mentioned in—\nsection 43C (1) (a) ; or\nif a local planning instrument for the development includes the administrative term affordable housing component stated in schedule 4 , column 1— section 43C (1) ; and\ncan be provided; and\ncan be maintained as an affordable housing component for a stated period.\ns 43B ins 2024 SL No. 123 s 12\n- (a) is of a type mentioned in— (i) section 43C (1) (a) ; or (ii) if a local planning instrument for the development includes the administrative term affordable housing component stated in schedule 4 , column 1— section 43C (1) ; and\n- (i) section 43C (1) (a) ; or\n- (ii) if a local planning instrument for the development includes the administrative term affordable housing component stated in schedule 4 , column 1— section 43C (1) ; and\n- (b) can be provided; and\n- (c) can be maintained as an affordable housing component for a stated period.\n- (i) section 43C (1) (a) ; or\n- (ii) if a local planning instrument for the development includes the administrative term affordable housing component stated in schedule 4 , column 1— section 43C (1) ; and","sortOrder":73},{"sectionNumber":"sec.43C","sectionType":"section","heading":"Criteria for affordable housing component— Act , s 65A","content":"### sec.43C Criteria for affordable housing component— Act , s 65A\n\nFor section 65A (3) of the Act , definition affordable housing component , paragraph (b) , the component of development must include 1 or more of the following—\nhousing that is appropriate to the needs of households with low to moderate incomes, if the members of the households will spend no more than 30% of gross income on housing costs;\nhousing provided by a registered provider for residential use;\nhousing provided as part of a program, funded by any of the following entities, to support the provision of housing that is affordable—\na public sector entity under the Public Sector Act 2022 , section 8 ;\na local government;\nthe State;\nthe Commonwealth;\nhousing that is sold for an amount that is less than the first home concession limit due to the type, composition, method of construction, size or level of finish of the housing;\nhousing that is rented at or below a value that is affordable for households with low to moderate incomes due to the type, composition, method of construction, size or level of finish of the housing.\nIn this section—\nfirst home concession limit means the highest amount mentioned in the Duties Act 2001 , schedule 4A , column 1 (dutiable value of residential land) in relation to which a concession amount relating to transfer duty is applicable under column 2 of that schedule.\ns 43C ins 2024 SL No. 123 s 12\n(sec.43C-ssec.1) For section 65A (3) of the Act , definition affordable housing component , paragraph (b) , the component of development must include 1 or more of the following— housing that is appropriate to the needs of households with low to moderate incomes, if the members of the households will spend no more than 30% of gross income on housing costs; housing provided by a registered provider for residential use; housing provided as part of a program, funded by any of the following entities, to support the provision of housing that is affordable— a public sector entity under the Public Sector Act 2022 , section 8 ; a local government; the State; the Commonwealth; housing that is sold for an amount that is less than the first home concession limit due to the type, composition, method of construction, size or level of finish of the housing; housing that is rented at or below a value that is affordable for households with low to moderate incomes due to the type, composition, method of construction, size or level of finish of the housing.\n(sec.43C-ssec.2) In this section— first home concession limit means the highest amount mentioned in the Duties Act 2001 , schedule 4A , column 1 (dutiable value of residential land) in relation to which a concession amount relating to transfer duty is applicable under column 2 of that schedule.\n- (a) housing that is appropriate to the needs of households with low to moderate incomes, if the members of the households will spend no more than 30% of gross income on housing costs;\n- (b) housing provided by a registered provider for residential use;\n- (c) housing provided as part of a program, funded by any of the following entities, to support the provision of housing that is affordable— (i) a public sector entity under the Public Sector Act 2022 , section 8 ; (ii) a local government; (iii) the State; (iv) the Commonwealth;\n- (i) a public sector entity under the Public Sector Act 2022 , section 8 ;\n- (ii) a local government;\n- (iii) the State;\n- (iv) the Commonwealth;\n- (d) housing that is sold for an amount that is less than the first home concession limit due to the type, composition, method of construction, size or level of finish of the housing;\n- (e) housing that is rented at or below a value that is affordable for households with low to moderate incomes due to the type, composition, method of construction, size or level of finish of the housing.\n- (i) a public sector entity under the Public Sector Act 2022 , section 8 ;\n- (ii) a local government;\n- (iii) the State;\n- (iv) the Commonwealth;","sortOrder":74},{"sectionNumber":"sec.44","sectionType":"section","heading":"Development assessment rules— Act , ss 68 and 69","content":"### sec.44 Development assessment rules— Act , ss 68 and 69\n\nFor sections 68 (6) and 69 (2) (b) of the Act , the development assessment rules are contained in the document called ‘Development assessment rules’, made and amended by the Minister and published on the department’s website on 18 July 2025.\nFor section 69 (8) of the Act , the amendment of the development assessment rules was published on the department’s website on 18 July 2025.\ns 44 sub 2017 SL No. 141 s 16\namd 2019 SL No. 243 s 3 ; 2020 SL No. 197 s 11 ; 2024 SL No. 123 s 13 ; 2025 SL No. 80 s 11\n(sec.44-ssec.1) For sections 68 (6) and 69 (2) (b) of the Act , the development assessment rules are contained in the document called ‘Development assessment rules’, made and amended by the Minister and published on the department’s website on 18 July 2025.\n(sec.44-ssec.2) For section 69 (8) of the Act , the amendment of the development assessment rules was published on the department’s website on 18 July 2025.","sortOrder":75},{"sectionNumber":"pt.5","sectionType":"part","heading":"Proposed call in notice","content":"# Proposed call in notice","sortOrder":76},{"sectionNumber":"sec.45","sectionType":"section","heading":"Purpose of part","content":"### sec.45 Purpose of part\n\nThis part prescribes, for section 102 (3) of the Act , matters in relation to the giving of a proposed call in notice.","sortOrder":77},{"sectionNumber":"sec.46","sectionType":"section","heading":"Content of proposed call in notice","content":"### sec.46 Content of proposed call in notice\n\nA proposed call in notice for an application must state—\nthat the Minister is proposing to call in the application; and\nthe reasons for the proposed call in; and\nfor an application other than a cancellation application—\nif the notice is given before the decision-maker decides the application—that the process for assessing and deciding the application stops on the day the notice is given; and\nthe point in the process for assessing and deciding the application from which the Minister proposes the process will restart if the application is called in; and\nif the application is proposed to be called in before the decision-maker decides the application—whether the Minister intends to direct the decision-maker to assess all or part of the application; and\nthat the person to whom the notice is given may make representations to the Minister about the proposed call in within the representation period.\n- (a) that the Minister is proposing to call in the application; and\n- (b) the reasons for the proposed call in; and\n- (c) for an application other than a cancellation application— (i) if the notice is given before the decision-maker decides the application—that the process for assessing and deciding the application stops on the day the notice is given; and (ii) the point in the process for assessing and deciding the application from which the Minister proposes the process will restart if the application is called in; and (iii) if the application is proposed to be called in before the decision-maker decides the application—whether the Minister intends to direct the decision-maker to assess all or part of the application; and\n- (i) if the notice is given before the decision-maker decides the application—that the process for assessing and deciding the application stops on the day the notice is given; and\n- (ii) the point in the process for assessing and deciding the application from which the Minister proposes the process will restart if the application is called in; and\n- (iii) if the application is proposed to be called in before the decision-maker decides the application—whether the Minister intends to direct the decision-maker to assess all or part of the application; and\n- (d) that the person to whom the notice is given may make representations to the Minister about the proposed call in within the representation period.\n- (i) if the notice is given before the decision-maker decides the application—that the process for assessing and deciding the application stops on the day the notice is given; and\n- (ii) the point in the process for assessing and deciding the application from which the Minister proposes the process will restart if the application is called in; and\n- (iii) if the application is proposed to be called in before the decision-maker decides the application—whether the Minister intends to direct the decision-maker to assess all or part of the application; and","sortOrder":78},{"sectionNumber":"sec.47","sectionType":"section","heading":"When proposed call in notice must be given","content":"### sec.47 When proposed call in notice must be given\n\nA proposed call in notice for an application must be given—\nif the application is a development application—any time before the latest of the following—\n15 business days after the day the chief executive receives notice of an appeal about the decision for the application;\nif there is a submitter for the application—50 business days after the day the decision notice is given to the applicant;\nif there are no submitters for the application and a decision notice is given for the application—25 business days after the day the decision notice is given to the applicant;\nif the application is taken to have been approved under section 64 of the Act and a decision notice is not given for the application—25 business days after the day the decision notice was required to be given to the applicant; or\nif the application is change representations about a development approval—any time before the latest of the following—\n15 business days after the day the chief executive receives notice of an appeal about the decision for the development application;\nif there is a submitter for the development application—50 business days after the day the decision notice for the change representations is given to the applicant;\nif there are no submitters for the development application—25 business days after the day the decision notice for the change representations is given to the applicant; or\nif the application is a change application or an extension application—within 20 business days after the later of the following—\nthe day the chief executive receives notice of an appeal about the decision for the application;\nthe end of the appeal period for the decision on the application; or\nif the application is a cancellation application—any time before the development approval is cancelled.\n- (a) if the application is a development application—any time before the latest of the following— (i) 15 business days after the day the chief executive receives notice of an appeal about the decision for the application; (ii) if there is a submitter for the application—50 business days after the day the decision notice is given to the applicant; (iii) if there are no submitters for the application and a decision notice is given for the application—25 business days after the day the decision notice is given to the applicant; (iv) if the application is taken to have been approved under section 64 of the Act and a decision notice is not given for the application—25 business days after the day the decision notice was required to be given to the applicant; or\n- (i) 15 business days after the day the chief executive receives notice of an appeal about the decision for the application;\n- (ii) if there is a submitter for the application—50 business days after the day the decision notice is given to the applicant;\n- (iii) if there are no submitters for the application and a decision notice is given for the application—25 business days after the day the decision notice is given to the applicant;\n- (iv) if the application is taken to have been approved under section 64 of the Act and a decision notice is not given for the application—25 business days after the day the decision notice was required to be given to the applicant; or\n- (b) if the application is change representations about a development approval—any time before the latest of the following— (i) 15 business days after the day the chief executive receives notice of an appeal about the decision for the development application; (ii) if there is a submitter for the development application—50 business days after the day the decision notice for the change representations is given to the applicant; (iii) if there are no submitters for the development application—25 business days after the day the decision notice for the change representations is given to the applicant; or\n- (i) 15 business days after the day the chief executive receives notice of an appeal about the decision for the development application;\n- (ii) if there is a submitter for the development application—50 business days after the day the decision notice for the change representations is given to the applicant;\n- (iii) if there are no submitters for the development application—25 business days after the day the decision notice for the change representations is given to the applicant; or\n- (c) if the application is a change application or an extension application—within 20 business days after the later of the following— (i) the day the chief executive receives notice of an appeal about the decision for the application; (ii) the end of the appeal period for the decision on the application; or\n- (i) the day the chief executive receives notice of an appeal about the decision for the application;\n- (ii) the end of the appeal period for the decision on the application; or\n- (d) if the application is a cancellation application—any time before the development approval is cancelled.\n- (i) 15 business days after the day the chief executive receives notice of an appeal about the decision for the application;\n- (ii) if there is a submitter for the application—50 business days after the day the decision notice is given to the applicant;\n- (iii) if there are no submitters for the application and a decision notice is given for the application—25 business days after the day the decision notice is given to the applicant;\n- (iv) if the application is taken to have been approved under section 64 of the Act and a decision notice is not given for the application—25 business days after the day the decision notice was required to be given to the applicant; or\n- (i) 15 business days after the day the chief executive receives notice of an appeal about the decision for the development application;\n- (ii) if there is a submitter for the development application—50 business days after the day the decision notice for the change representations is given to the applicant;\n- (iii) if there are no submitters for the development application—25 business days after the day the decision notice for the change representations is given to the applicant; or\n- (i) the day the chief executive receives notice of an appeal about the decision for the application;\n- (ii) the end of the appeal period for the decision on the application; or","sortOrder":79},{"sectionNumber":"sec.48","sectionType":"section","heading":"Effect of proposed call in notice on process for assessing and deciding application","content":"### sec.48 Effect of proposed call in notice on process for assessing and deciding application\n\nThis section applies to an application other than a cancellation application.\nIf a proposed call in notice is given for the application before the decision-maker decides the application, the process for assessing and deciding the application stops on the day the notice is given.\nThe process for assessing and deciding the application restarts from the point in the process at which it stopped under subsection (2) —\nif the Minister gives a notice under section 51 in relation to the application—on the day the notice is given; or\nif the Minister does not give a call in notice under section 103 of the Act , or a notice under section 51 , in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.\ns 48 amd 2024 SL No. 123 s 14\n(sec.48-ssec.1) This section applies to an application other than a cancellation application.\n(sec.48-ssec.2) If a proposed call in notice is given for the application before the decision-maker decides the application, the process for assessing and deciding the application stops on the day the notice is given.\n(sec.48-ssec.3) The process for assessing and deciding the application restarts from the point in the process at which it stopped under subsection (2) — if the Minister gives a notice under section 51 in relation to the application—on the day the notice is given; or if the Minister does not give a call in notice under section 103 of the Act , or a notice under section 51 , in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.\n- (a) if the Minister gives a notice under section 51 in relation to the application—on the day the notice is given; or\n- (b) if the Minister does not give a call in notice under section 103 of the Act , or a notice under section 51 , in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.","sortOrder":80},{"sectionNumber":"sec.49","sectionType":"section","heading":"Effect of proposed call in notice on appeal period","content":"### sec.49 Effect of proposed call in notice on appeal period\n\nThis section applies in relation to an application, other than a cancellation application, if a proposed call in notice is given for the application after the decision-maker for the application decides the application.\nThe appeal period relating to the decision-maker’s decision on the application is taken to have started again—\nif the Minister gives a notice under section 51 in relation to the application—on the day after the notice is given; or\nif the Minister does not give a call in notice under section 103 of the Act , or a notice under section 51 , in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.\ns 49 sub 2024 SL No. 123 s 15\n(sec.49-ssec.1) This section applies in relation to an application, other than a cancellation application, if a proposed call in notice is given for the application after the decision-maker for the application decides the application.\n(sec.49-ssec.2) The appeal period relating to the decision-maker’s decision on the application is taken to have started again— if the Minister gives a notice under section 51 in relation to the application—on the day after the notice is given; or if the Minister does not give a call in notice under section 103 of the Act , or a notice under section 51 , in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.\n- (a) if the Minister gives a notice under section 51 in relation to the application—on the day after the notice is given; or\n- (b) if the Minister does not give a call in notice under section 103 of the Act , or a notice under section 51 , in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.","sortOrder":81},{"sectionNumber":"sec.50","sectionType":"section","heading":"Representation period","content":"### sec.50 Representation period\n\nThe representation period for a proposed call in is the period, of at least 5 business days after the proposed call in notice is given, stated in the notice.","sortOrder":82},{"sectionNumber":"sec.51","sectionType":"section","heading":"Notice of decision not to call in application","content":"### sec.51 Notice of decision not to call in application\n\nIf the Minister decides not to call in an application for which a proposed call in notice has been given, the Minister must give notice of the decision to each person to whom the proposed call in notice was given.\nThe notice must be given within 20 business days after the end of the representation period for the proposed call in.\nSubsection (4) applies if the proposed call in notice was given—\nfor an application other than a cancellation application; and\nbefore the decision-maker decided the application.\nThe notice under subsection (2) must state that the process for assessing and deciding the application restarts from the point in the process at which the process stopped because of the giving of the proposed call in notice.\n(sec.51-ssec.1) If the Minister decides not to call in an application for which a proposed call in notice has been given, the Minister must give notice of the decision to each person to whom the proposed call in notice was given.\n(sec.51-ssec.2) The notice must be given within 20 business days after the end of the representation period for the proposed call in.\n(sec.51-ssec.3) Subsection (4) applies if the proposed call in notice was given— for an application other than a cancellation application; and before the decision-maker decided the application.\n(sec.51-ssec.4) The notice under subsection (2) must state that the process for assessing and deciding the application restarts from the point in the process at which the process stopped because of the giving of the proposed call in notice.\n- (a) for an application other than a cancellation application; and\n- (b) before the decision-maker decided the application.","sortOrder":83},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Declaring applications for State facilitated development","content":"# Declaring applications for State facilitated development","sortOrder":84},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Making declarations","content":"## Making declarations","sortOrder":85},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Criteria for declaring application for State facilitated development— Act , s 106D","content":"### sec.51A Criteria for declaring application for State facilitated development— Act , s 106D\n\nFor section 106D (2) (b) of the Act , the following criteria are prescribed—\nthe development the subject of the relevant application must be for predominantly residential development;\nthe application must comply with either of the following—\nthe premises the subject of the application are completely within a zone supporting residential development;\nthe premises the subject of the application are not within an environmental zone or a limited development zone, and the Minister is satisfied the premises are or can be readily serviced by infrastructure for the development.\nIn this section—\nenvironmental zone means—\nany of the following zones stated in schedule 2 —\nenvironmental management and conservation zone;\nconservation zone;\nenvironmental management zone; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in paragraph (a) .\nlimited development zone means—\nthe limited development zone stated in schedule 2 ; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in paragraph (a) .\nzone supporting residential development means—\nany of the following zones stated in schedule 2 —\ngeneral residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone;\ncentre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;\nmixed use zone;\nspecialised centre zone; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in paragraph (a) .\ns 51A ins 2024 SL No. 123 s 16\namd 2026 SL No. 23 s 3\n(sec.51A-ssec.1) For section 106D (2) (b) of the Act , the following criteria are prescribed— the development the subject of the relevant application must be for predominantly residential development; the application must comply with either of the following— the premises the subject of the application are completely within a zone supporting residential development; the premises the subject of the application are not within an environmental zone or a limited development zone, and the Minister is satisfied the premises are or can be readily serviced by infrastructure for the development.\n(sec.51A-ssec.2) In this section— environmental zone means— any of the following zones stated in schedule 2 — environmental management and conservation zone; conservation zone; environmental management zone; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in paragraph (a) . limited development zone means— the limited development zone stated in schedule 2 ; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in paragraph (a) . zone supporting residential development means— any of the following zones stated in schedule 2 — general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone; centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone; mixed use zone; specialised centre zone; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in paragraph (a) .\n- (a) the development the subject of the relevant application must be for predominantly residential development;\n- (b) the application must comply with either of the following— (i) the premises the subject of the application are completely within a zone supporting residential development; (ii) the premises the subject of the application are not within an environmental zone or a limited development zone, and the Minister is satisfied the premises are or can be readily serviced by infrastructure for the development.\n- (i) the premises the subject of the application are completely within a zone supporting residential development;\n- (ii) the premises the subject of the application are not within an environmental zone or a limited development zone, and the Minister is satisfied the premises are or can be readily serviced by infrastructure for the development.\n- (i) the premises the subject of the application are completely within a zone supporting residential development;\n- (ii) the premises the subject of the application are not within an environmental zone or a limited development zone, and the Minister is satisfied the premises are or can be readily serviced by infrastructure for the development.\n- (a) any of the following zones stated in schedule 2 — (i) environmental management and conservation zone; (ii) conservation zone; (iii) environmental management zone; or\n- (i) environmental management and conservation zone;\n- (ii) conservation zone;\n- (iii) environmental management zone; or\n- (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) .\n- (i) environmental management and conservation zone;\n- (ii) conservation zone;\n- (iii) environmental management zone; or\n- (a) the limited development zone stated in schedule 2 ; or\n- (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) .\n- (a) any of the following zones stated in schedule 2 — (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone; (ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone; (iii) mixed use zone; (iv) specialised centre zone; or\n- (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone;\n- (ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;\n- (iii) mixed use zone;\n- (iv) specialised centre zone; or\n- (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) .\n- (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone;\n- (ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;\n- (iii) mixed use zone;\n- (iv) specialised centre zone; or","sortOrder":86},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Proposed declarations","content":"## Proposed declarations","sortOrder":87},{"sectionNumber":"sec.51B","sectionType":"section","heading":"Purpose of division","content":"### sec.51B Purpose of division\n\nThis division prescribes, for section 106P of the Act , matters for chapter 3 , part 6A of the Act .\ns 51B ins 2024 SL No. 123 s 16","sortOrder":88},{"sectionNumber":"sec.51C","sectionType":"section","heading":"Effect of notice of proposed declaration on process for assessing and deciding application","content":"### sec.51C Effect of notice of proposed declaration on process for assessing and deciding application\n\nThis section applies if—\nthe Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and\nthe notice is given before the decision-maker for the relevant application decides the application.\nThe process for assessing and deciding the relevant application stops on the day the notice is given.\nThe process for assessing and deciding the relevant application restarts from the point in the process at which it stopped under subsection (2) —\nif the Minister gives a notice under section 51E in relation to the application—on the day the notice is given; or\nif the Minister does not make a declaration under section 106D of the Act , or give a notice under section 51E , in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.\ns 51C ins 2024 SL No. 123 s 16\n(sec.51C-ssec.1) This section applies if— the Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and the notice is given before the decision-maker for the relevant application decides the application.\n(sec.51C-ssec.2) The process for assessing and deciding the relevant application stops on the day the notice is given.\n(sec.51C-ssec.3) The process for assessing and deciding the relevant application restarts from the point in the process at which it stopped under subsection (2) — if the Minister gives a notice under section 51E in relation to the application—on the day the notice is given; or if the Minister does not make a declaration under section 106D of the Act , or give a notice under section 51E , in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.\n- (a) the Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and\n- (b) the notice is given before the decision-maker for the relevant application decides the application.\n- (a) if the Minister gives a notice under section 51E in relation to the application—on the day the notice is given; or\n- (b) if the Minister does not make a declaration under section 106D of the Act , or give a notice under section 51E , in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.","sortOrder":89},{"sectionNumber":"sec.51D","sectionType":"section","heading":"Effect of notice of proposed declaration on appeal period","content":"### sec.51D Effect of notice of proposed declaration on appeal period\n\nThis section applies if—\nthe Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and\nthe notice is given after the decision-maker for the relevant application decides the application.\nThe appeal period relating to the decision-maker’s decision on the relevant application is taken to have started again—\nif the Minister gives a notice under section 51E in relation to the application—on the day after the notice is given; or\nif the Minister does not make a declaration under section 106D of the Act , or give a notice under section 51E , in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.\ns 51D ins 2024 SL No. 123 s 16\n(sec.51D-ssec.1) This section applies if— the Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and the notice is given after the decision-maker for the relevant application decides the application.\n(sec.51D-ssec.2) The appeal period relating to the decision-maker’s decision on the relevant application is taken to have started again— if the Minister gives a notice under section 51E in relation to the application—on the day after the notice is given; or if the Minister does not make a declaration under section 106D of the Act , or give a notice under section 51E , in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.\n- (a) the Minister gives notice under section 106C of the Act of the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and\n- (b) the notice is given after the decision-maker for the relevant application decides the application.\n- (a) if the Minister gives a notice under section 51E in relation to the application—on the day after the notice is given; or\n- (b) if the Minister does not make a declaration under section 106D of the Act , or give a notice under section 51E , in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.","sortOrder":90},{"sectionNumber":"sec.51E","sectionType":"section","heading":"Notice of decision not to make declaration","content":"### sec.51E Notice of decision not to make declaration\n\nThis section applies if the Minister—\ngives notice under section 106C of the Act of the proposed declaration of a relevant application as an application for State facilitated development; and\ndecides not to make the declaration.\nThe Minister must give notice of the decision to each entity to whom the notice of the proposed declaration was given.\nThe notice must be given within 10 business days after the day the representation period for the proposed declaration ends.\nSubsection (5) applies if—\nthe relevant application is a development application or a change application; and\nthe notice of the proposed declaration was given before the decision-maker for the application decided the application.\nThe notice under subsection (2) must state that the process for assessing and deciding the relevant application restarts from the point in the process at which the process stopped because of the giving of the notice of the proposed declaration.\ns 51E ins 2024 SL No. 123 s 16\n(sec.51E-ssec.1) This section applies if the Minister— gives notice under section 106C of the Act of the proposed declaration of a relevant application as an application for State facilitated development; and decides not to make the declaration.\n(sec.51E-ssec.2) The Minister must give notice of the decision to each entity to whom the notice of the proposed declaration was given.\n(sec.51E-ssec.3) The notice must be given within 10 business days after the day the representation period for the proposed declaration ends.\n(sec.51E-ssec.4) Subsection (5) applies if— the relevant application is a development application or a change application; and the notice of the proposed declaration was given before the decision-maker for the application decided the application.\n(sec.51E-ssec.5) The notice under subsection (2) must state that the process for assessing and deciding the relevant application restarts from the point in the process at which the process stopped because of the giving of the notice of the proposed declaration.\n- (a) gives notice under section 106C of the Act of the proposed declaration of a relevant application as an application for State facilitated development; and\n- (b) decides not to make the declaration.\n- (a) the relevant application is a development application or a change application; and\n- (b) the notice of the proposed declaration was given before the decision-maker for the application decided the application.","sortOrder":91},{"sectionNumber":"pt.5B","sectionType":"part","heading":"Development requiring social impact assessment","content":"# Development requiring social impact assessment","sortOrder":92},{"sectionNumber":"pt.5B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":93},{"sectionNumber":"sec.51F","sectionType":"section","heading":"Development requiring social impact assessment— Act , s 106T","content":"### sec.51F Development requiring social impact assessment— Act , s 106T\n\nFor section 106T (1) of the Act , the following development is development for which social impact assessment is required—\na material change of use of premises for a solar farm that has a maximum instantaneous electricity output of 1MW or more;\na material change of use of premises for a wind farm;\na material change of use of premises for a battery storage facility that has a maximum instantaneous electricity output of 50MW or more.\ns 51F ins 2025 SL No. 80 s 12\namd 2025 SL No. 163 s 7\n- (a) a material change of use of premises for a solar farm that has a maximum instantaneous electricity output of 1MW or more;\n- (b) a material change of use of premises for a wind farm;\n- (c) a material change of use of premises for a battery storage facility that has a maximum instantaneous electricity output of 50MW or more.","sortOrder":94},{"sectionNumber":"pt.5B-div.2","sectionType":"division","heading":"Pre-existing applications relating to solar farms and wind farms","content":"## Pre-existing applications relating to solar farms and wind farms","sortOrder":95},{"sectionNumber":"sec.51G","sectionType":"section","heading":"Purpose and application of division— Act , s 106U","content":"### sec.51G Purpose and application of division— Act , s 106U\n\nFor section 106U of the Act , this division provides for the effect of the enactment of section 51F (a) and (b) on the process for administering the following applications (each a pre-existing application )—\na development application for development mentioned in section 51F (a) or (b) that was made, but not decided, before 18 July 2025;\na change application relating to development mentioned in section 51F (a) or (b) that was made, but not decided, before 18 July 2025.\nAn application is a pre-existing application even if the application is also for, or relates to, development other than development mentioned in section 51F (a) or (b) .\nHowever, this division does not apply in relation to a change application for a minor change to a development approval.\ns 51G ins 2025 SL No. 80 s 12\namd 2025 SL No. 163 s 9\n(sec.51G-ssec.1) For section 106U of the Act , this division provides for the effect of the enactment of section 51F (a) and (b) on the process for administering the following applications (each a pre-existing application )— a development application for development mentioned in section 51F (a) or (b) that was made, but not decided, before 18 July 2025; a change application relating to development mentioned in section 51F (a) or (b) that was made, but not decided, before 18 July 2025.\n(sec.51G-ssec.2) An application is a pre-existing application even if the application is also for, or relates to, development other than development mentioned in section 51F (a) or (b) .\n(sec.51G-ssec.3) However, this division does not apply in relation to a change application for a minor change to a development approval.\n- (a) a development application for development mentioned in section 51F (a) or (b) that was made, but not decided, before 18 July 2025;\n- (b) a change application relating to development mentioned in section 51F (a) or (b) that was made, but not decided, before 18 July 2025.","sortOrder":96},{"sectionNumber":"sec.51H","sectionType":"section","heading":"Pre-existing applications—generally","content":"### sec.51H Pre-existing applications—generally\n\nOn the commencement of section 51F (a) and (b) —\nif the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 of the Act ; and\nif the pre-existing application is a change application that has been accepted under section 79 (4) of the Act —the application is taken not to have been accepted under section 79 (4) of the Act .\nThis section does not apply if section 51I applies in relation to the pre-existing application.\ns 51H ins 2025 SL No. 80 s 12\namd 2025 SL No. 163 s 9\n(sec.51H-ssec.1) On the commencement of section 51F (a) and (b) — if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 of the Act ; and if the pre-existing application is a change application that has been accepted under section 79 (4) of the Act —the application is taken not to have been accepted under section 79 (4) of the Act .\n(sec.51H-ssec.2) This section does not apply if section 51I applies in relation to the pre-existing application.\n- (a) if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 of the Act ; and\n- (b) if the pre-existing application is a change application that has been accepted under section 79 (4) of the Act —the application is taken not to have been accepted under section 79 (4) of the Act .","sortOrder":97},{"sectionNumber":"sec.51I","sectionType":"section","heading":"Pre-existing applications subject to Ministerial call in or direction","content":"### sec.51I Pre-existing applications subject to Ministerial call in or direction\n\nThis section applies if—\nbefore 18 July 2025, the pre-existing application was called in; or\nbefore 18 July 2025—\nthe Minister gave a direction under section 95 (1) (b) of the Act to not decide the pre-existing application within a stated period; and\nthe stated period had not ended.\nThe process for administering the pre-existing application—\nstops on the commencement of section 51F (a) and (b) ; and\nrestarts on the day the applicant gives the decision-maker for the application—\na social impact assessment report for the application that complies with section 106W (1) of the Act , or a notice given by the chief executive under section 106ZE (1) (a) of the Act stating that a social impact assessment report is not required for the application; and\neach community benefit agreement for the application required under section 106Z (1) of the Act or entered into under section 106Z (2) of the Act , or a notice given by the chief executive under section 106ZE (1) (b) of the Act stating that a community benefit agreement is not required for the application; and\nif, under paragraph (a) , the process stops during the decision period—restarts from the start of the decision period.\nIn this section—\ndecision-maker means—\nif subsection (1) (a) applies—the Minister; or\nif subsection (1) (b) applies and the pre-existing application is a development application—the assessment manager; or\nif subsection (1) (b) applies and the pre-existing application is a change application—the responsible entity.\ndecision period means the period under chapter 3 of the Act or the development assessment rules for making a decision on the pre-existing application.\ns 51I ins 2025 SL No. 80 s 12\namd 2025 SL No. 163 s 9\n(sec.51I-ssec.1) This section applies if— before 18 July 2025, the pre-existing application was called in; or before 18 July 2025— the Minister gave a direction under section 95 (1) (b) of the Act to not decide the pre-existing application within a stated period; and the stated period had not ended.\n(sec.51I-ssec.2) The process for administering the pre-existing application— stops on the commencement of section 51F (a) and (b) ; and restarts on the day the applicant gives the decision-maker for the application— a social impact assessment report for the application that complies with section 106W (1) of the Act , or a notice given by the chief executive under section 106ZE (1) (a) of the Act stating that a social impact assessment report is not required for the application; and each community benefit agreement for the application required under section 106Z (1) of the Act or entered into under section 106Z (2) of the Act , or a notice given by the chief executive under section 106ZE (1) (b) of the Act stating that a community benefit agreement is not required for the application; and if, under paragraph (a) , the process stops during the decision period—restarts from the start of the decision period.\n(sec.51I-ssec.3) In this section— decision-maker means— if subsection (1) (a) applies—the Minister; or if subsection (1) (b) applies and the pre-existing application is a development application—the assessment manager; or if subsection (1) (b) applies and the pre-existing application is a change application—the responsible entity. decision period means the period under chapter 3 of the Act or the development assessment rules for making a decision on the pre-existing application.\n- (a) before 18 July 2025, the pre-existing application was called in; or\n- (b) before 18 July 2025— (i) the Minister gave a direction under section 95 (1) (b) of the Act to not decide the pre-existing application within a stated period; and (ii) the stated period had not ended.\n- (i) the Minister gave a direction under section 95 (1) (b) of the Act to not decide the pre-existing application within a stated period; and\n- (ii) the stated period had not ended.\n- (i) the Minister gave a direction under section 95 (1) (b) of the Act to not decide the pre-existing application within a stated period; and\n- (ii) the stated period had not ended.\n- (a) stops on the commencement of section 51F (a) and (b) ; and\n- (b) restarts on the day the applicant gives the decision-maker for the application— (i) a social impact assessment report for the application that complies with section 106W (1) of the Act , or a notice given by the chief executive under section 106ZE (1) (a) of the Act stating that a social impact assessment report is not required for the application; and (ii) each community benefit agreement for the application required under section 106Z (1) of the Act or entered into under section 106Z (2) of the Act , or a notice given by the chief executive under section 106ZE (1) (b) of the Act stating that a community benefit agreement is not required for the application; and\n- (i) a social impact assessment report for the application that complies with section 106W (1) of the Act , or a notice given by the chief executive under section 106ZE (1) (a) of the Act stating that a social impact assessment report is not required for the application; and\n- (ii) each community benefit agreement for the application required under section 106Z (1) of the Act or entered into under section 106Z (2) of the Act , or a notice given by the chief executive under section 106ZE (1) (b) of the Act stating that a community benefit agreement is not required for the application; and\n- (c) if, under paragraph (a) , the process stops during the decision period—restarts from the start of the decision period.\n- (i) a social impact assessment report for the application that complies with section 106W (1) of the Act , or a notice given by the chief executive under section 106ZE (1) (a) of the Act stating that a social impact assessment report is not required for the application; and\n- (ii) each community benefit agreement for the application required under section 106Z (1) of the Act or entered into under section 106Z (2) of the Act , or a notice given by the chief executive under section 106ZE (1) (b) of the Act stating that a community benefit agreement is not required for the application; and\n- (a) if subsection (1) (a) applies—the Minister; or\n- (b) if subsection (1) (b) applies and the pre-existing application is a development application—the assessment manager; or\n- (c) if subsection (1) (b) applies and the pre-existing application is a change application—the responsible entity.","sortOrder":98},{"sectionNumber":"pt.5B-div.2A","sectionType":"division","heading":"Pre-existing applications relating to battery storage facilities","content":"## Pre-existing applications relating to battery storage facilities","sortOrder":99},{"sectionNumber":"sec.51IA","sectionType":"section","heading":"Process for administering pre-existing applications relating to battery storage facilities— Act , s 106U","content":"### sec.51IA Process for administering pre-existing applications relating to battery storage facilities— Act , s 106U\n\nFor section 106U of the Act , this section provides for the effect of the enactment of section 51F (c) on the process for administering the following applications (each a pre-existing application )—\na development application for development mentioned in section 51F (c) that was made, but not decided, before 12 December 2025;\na change application relating to development mentioned in section 51F (c) that was made, but not decided, before 12 December 2025.\nFor this section, an application is a pre-existing application even if the application is also for, or relates to, development other than development mentioned in section 51F (c) .\nOn the commencement of section 51F (c) —\nif the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 of the Act ; or\nif the pre-existing application is a change application that has been accepted under section 79 (4) of the Act —the application is taken not to have been accepted under section 79 (4) of the Act .\nThis section does not apply in relation to a change application for a minor change to a development approval.\ns 51IA ins 2025 SL No. 163 s 10\n(sec.51IA-ssec.1) For section 106U of the Act , this section provides for the effect of the enactment of section 51F (c) on the process for administering the following applications (each a pre-existing application )— a development application for development mentioned in section 51F (c) that was made, but not decided, before 12 December 2025; a change application relating to development mentioned in section 51F (c) that was made, but not decided, before 12 December 2025.\n(sec.51IA-ssec.2) For this section, an application is a pre-existing application even if the application is also for, or relates to, development other than development mentioned in section 51F (c) .\n(sec.51IA-ssec.3) On the commencement of section 51F (c) — if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 of the Act ; or if the pre-existing application is a change application that has been accepted under section 79 (4) of the Act —the application is taken not to have been accepted under section 79 (4) of the Act .\n(sec.51IA-ssec.4) This section does not apply in relation to a change application for a minor change to a development approval.\n- (a) a development application for development mentioned in section 51F (c) that was made, but not decided, before 12 December 2025;\n- (b) a change application relating to development mentioned in section 51F (c) that was made, but not decided, before 12 December 2025.\n- (a) if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 of the Act ; or\n- (b) if the pre-existing application is a change application that has been accepted under section 79 (4) of the Act —the application is taken not to have been accepted under section 79 (4) of the Act .","sortOrder":100},{"sectionNumber":"pt.5B-div.3","sectionType":"division","heading":"Social impact assessment reports and community benefit agreements","content":"## Social impact assessment reports and community benefit agreements","sortOrder":101},{"sectionNumber":"sec.51J","sectionType":"section","heading":"Requirements for social impact assessment reports— Act , s 106W","content":"### sec.51J Requirements for social impact assessment reports— Act , s 106W\n\nFor section 106W (1) (b) of the Act , a social impact assessment report for a development application or change application must—\nbe prepared in accordance with the process stated in the SIA guideline, including the process for assessing the social impact of the development requiring social impact assessment the subject of the application; and\ninclude the matters stated in the SIA guideline.\nIn this section—\nSIA guideline means the guideline made by the chief executive under section 106W (2) of the Act and dated July 2025.\ns 51J ins 2025 SL No. 80 s 12\n(sec.51J-ssec.1) For section 106W (1) (b) of the Act , a social impact assessment report for a development application or change application must— be prepared in accordance with the process stated in the SIA guideline, including the process for assessing the social impact of the development requiring social impact assessment the subject of the application; and include the matters stated in the SIA guideline.\n(sec.51J-ssec.2) In this section— SIA guideline means the guideline made by the chief executive under section 106W (2) of the Act and dated July 2025.\n- (a) be prepared in accordance with the process stated in the SIA guideline, including the process for assessing the social impact of the development requiring social impact assessment the subject of the application; and\n- (b) include the matters stated in the SIA guideline.","sortOrder":102},{"sectionNumber":"sec.51K","sectionType":"section","heading":"Public sector entities for community benefit agreements— Act , s 106Z","content":"### sec.51K Public sector entities for community benefit agreements— Act , s 106Z\n\nFor section 106Z (2) of the Act , the department is prescribed.\ns 51K ins 2025 SL No. 80 s 12","sortOrder":103},{"sectionNumber":"pt.5B-div.4","sectionType":"division","heading":"Notices given by chief executive","content":"## Notices given by chief executive","sortOrder":104},{"sectionNumber":"sec.51L","sectionType":"section","heading":"Procedures for giving notices— Act , s 106ZE","content":"### sec.51L Procedures for giving notices— Act , s 106ZE\n\nFor section 106ZE (4) of the Act , this section prescribes procedures for the giving of a notice under section 106ZE (1) of the Act in relation to a development application or change application.\nThe applicant for the development application or change application may, by notice given to the chief executive, ask the chief executive to give the applicant a notice under section 106ZE (1) of the Act in relation to the application.\nAfter receiving the request, the chief executive may, by notice given to the applicant, ask the applicant for stated further information in relation to the request.\nAfter considering the request, the chief executive must, within the relevant period, give the applicant—\na notice under section 106ZE (1) of the Act in accordance with the request; or\nnotice that the chief executive has decided to refuse the request.\nIn this section—\nrelevant period means—\nif the chief executive asks the applicant for further information under subsection (3) —30 business days after the day the chief executive receives the information; or\notherwise—30 business days after the day the request under subsection (2) is received.\ns 51L ins 2025 SL No. 80 s 12\n(sec.51L-ssec.1) For section 106ZE (4) of the Act , this section prescribes procedures for the giving of a notice under section 106ZE (1) of the Act in relation to a development application or change application.\n(sec.51L-ssec.2) The applicant for the development application or change application may, by notice given to the chief executive, ask the chief executive to give the applicant a notice under section 106ZE (1) of the Act in relation to the application.\n(sec.51L-ssec.3) After receiving the request, the chief executive may, by notice given to the applicant, ask the applicant for stated further information in relation to the request.\n(sec.51L-ssec.4) After considering the request, the chief executive must, within the relevant period, give the applicant— a notice under section 106ZE (1) of the Act in accordance with the request; or notice that the chief executive has decided to refuse the request.\n(sec.51L-ssec.5) In this section— relevant period means— if the chief executive asks the applicant for further information under subsection (3) —30 business days after the day the chief executive receives the information; or otherwise—30 business days after the day the request under subsection (2) is received.\n- (a) a notice under section 106ZE (1) of the Act in accordance with the request; or\n- (b) notice that the chief executive has decided to refuse the request.\n- (a) if the chief executive asks the applicant for further information under subsection (3) —30 business days after the day the chief executive receives the information; or\n- (b) otherwise—30 business days after the day the request under subsection (2) is received.","sortOrder":105},{"sectionNumber":"sec.51M","sectionType":"section","heading":"Matters to be considered in making particular decisions— Act , s 106ZE","content":"### sec.51M Matters to be considered in making particular decisions— Act , s 106ZE\n\nFor section 106ZE (4) of the Act , this section prescribes the matters the chief executive must or may consider in deciding, under section 106ZE (2) of the Act , whether it is appropriate in the circumstances for a development application or change application to be made without—\na social impact assessment report; or\na community benefit agreement.\nThe chief executive must consider the following matters—\nthe location, nature and scale of the development requiring social impact assessment the subject of the development application or change application;\nany assessment of the social impact carried out by the applicant;\nwhether the applicant has engaged with the local government, and the community in the locality of the development, about the development application or change application, including the outcomes of the engagement;\nwhether the applicant and a public sector entity have engaged in a mediation process in relation to the development application or change application, including the outcomes of the mediation process;\nwhether the chief executive has previously given, or been asked to give, a notice under section 106ZE (1) of the Act in relation to the development application or change application.\nThe chief executive may also consider any other matter the chief executive considers relevant.\ns 51M ins 2025 SL No. 80 s 12\n(sec.51M-ssec.1) For section 106ZE (4) of the Act , this section prescribes the matters the chief executive must or may consider in deciding, under section 106ZE (2) of the Act , whether it is appropriate in the circumstances for a development application or change application to be made without— a social impact assessment report; or a community benefit agreement.\n(sec.51M-ssec.2) The chief executive must consider the following matters— the location, nature and scale of the development requiring social impact assessment the subject of the development application or change application; any assessment of the social impact carried out by the applicant; whether the applicant has engaged with the local government, and the community in the locality of the development, about the development application or change application, including the outcomes of the engagement; whether the applicant and a public sector entity have engaged in a mediation process in relation to the development application or change application, including the outcomes of the mediation process; whether the chief executive has previously given, or been asked to give, a notice under section 106ZE (1) of the Act in relation to the development application or change application.\n(sec.51M-ssec.3) The chief executive may also consider any other matter the chief executive considers relevant.\n- (a) a social impact assessment report; or\n- (b) a community benefit agreement.\n- (a) the location, nature and scale of the development requiring social impact assessment the subject of the development application or change application;\n- (b) any assessment of the social impact carried out by the applicant;\n- (c) whether the applicant has engaged with the local government, and the community in the locality of the development, about the development application or change application, including the outcomes of the engagement;\n- (d) whether the applicant and a public sector entity have engaged in a mediation process in relation to the development application or change application, including the outcomes of the mediation process;\n- (e) whether the chief executive has previously given, or been asked to give, a notice under section 106ZE (1) of the Act in relation to the development application or change application.","sortOrder":106},{"sectionNumber":"pt.6","sectionType":"part","heading":"Infrastructure","content":"# Infrastructure","sortOrder":107},{"sectionNumber":"sec.52","sectionType":"section","heading":"Adopted charges— Act , s 112","content":"### sec.52 Adopted charges— Act , s 112\n\nFor section 112 (1) of the Act , schedule 16 , column 2 states the prescribed amount for each adopted charge under chapter 4 of the Act and the SEQ Water Act for providing trunk infrastructure for the use stated in schedule 16 , column 1.\nFor section 112 (3) (a) of the Act , the charges breakup as between Ipswich City Council and Queensland Urban Utilities is the proportion that applied to each of those entities under Ipswich City Council’s adopted infrastructure charges resolution as in force at the commencement.\nFor section 112 (3) (b) of the Act —\nif development is a material change of use, reconfiguring a lot or building work and is for a use stated in schedule 16 , column 1—a local government may have an adopted charge for trunk infrastructure for the development under chapter 4 of the Act ; and\nif a connection under the SEQ Water Act is for a use stated in schedule 16 , column 1—a distributor-retailer may have an adopted charge under that Act for trunk infrastructure for the connection.\n(sec.52-ssec.1) For section 112 (1) of the Act , schedule 16 , column 2 states the prescribed amount for each adopted charge under chapter 4 of the Act and the SEQ Water Act for providing trunk infrastructure for the use stated in schedule 16 , column 1.\n(sec.52-ssec.2) For section 112 (3) (a) of the Act , the charges breakup as between Ipswich City Council and Queensland Urban Utilities is the proportion that applied to each of those entities under Ipswich City Council’s adopted infrastructure charges resolution as in force at the commencement.\n(sec.52-ssec.3) For section 112 (3) (b) of the Act — if development is a material change of use, reconfiguring a lot or building work and is for a use stated in schedule 16 , column 1—a local government may have an adopted charge for trunk infrastructure for the development under chapter 4 of the Act ; and if a connection under the SEQ Water Act is for a use stated in schedule 16 , column 1—a distributor-retailer may have an adopted charge under that Act for trunk infrastructure for the connection.\n- (a) if development is a material change of use, reconfiguring a lot or building work and is for a use stated in schedule 16 , column 1—a local government may have an adopted charge for trunk infrastructure for the development under chapter 4 of the Act ; and\n- (b) if a connection under the SEQ Water Act is for a use stated in schedule 16 , column 1—a distributor-retailer may have an adopted charge under that Act for trunk infrastructure for the connection.","sortOrder":108},{"sectionNumber":"sec.53","sectionType":"section","heading":"Infrastructure guidelines— Act , ss 116 and 117","content":"### sec.53 Infrastructure guidelines— Act , ss 116 and 117\n\nFor sections 116 (2) and 117 (2) of the Act , the guidelines for the following matters are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website—\nparameters for the purpose of working out an offset or refund under chapter 4 , part 2 of the Act ;\nparameters for the criteria for deciding a conversion application.\ns 53 amd 2020 SL No. 197 s 12 ; 2023 SL No. 92 s 6 ; 2024 SL No. 123 s 17\n- (a) parameters for the purpose of working out an offset or refund under chapter 4 , part 2 of the Act ;\n- (b) parameters for the criteria for deciding a conversion application.","sortOrder":109},{"sectionNumber":"pt.7","sectionType":"part","heading":"Dispute resolution","content":"# Dispute resolution","sortOrder":110},{"sectionNumber":"sec.54","sectionType":"section","heading":"Qualifications and experience for referees— Act , s 233","content":"### sec.54 Qualifications and experience for referees— Act , s 233\n\nFor section 233 (1) (a) of the Act , the appointer may appoint a person to be a referee if the appointer considers the person has demonstrated knowledge of at least 1 of the following that the appointer considers is sufficient to enable the person to perform the functions of a referee—\nbuilding design and construction;\ninfrastructure design and delivery;\nsiting of residential buildings;\nneighbourhood amenity matters;\nrelevant health or fire safety matters;\nthe Act , the Building Act or the Plumbing and Drainage Act 2018 ;\nthe Building Code, the Queensland Development Code or the Australian Standards relating to building work;\nthe Plumbing Code, the Queensland Plumbing and Wastewater Code or the Australian Standards relating to plumbing or drainage work;\nengineering.\nIn this section—\nPlumbing Code means the parts of the National Construction Code that form the Plumbing Code of Australia (including the Queensland Appendix), published by the Australian Building Codes Board, as amended from time to time by amendments published by the board.\ns 54 amd 2019 SL No. 42 s 128 sch 11\n(sec.54-ssec.1) For section 233 (1) (a) of the Act , the appointer may appoint a person to be a referee if the appointer considers the person has demonstrated knowledge of at least 1 of the following that the appointer considers is sufficient to enable the person to perform the functions of a referee— building design and construction; infrastructure design and delivery; siting of residential buildings; neighbourhood amenity matters; relevant health or fire safety matters; the Act , the Building Act or the Plumbing and Drainage Act 2018 ; the Building Code, the Queensland Development Code or the Australian Standards relating to building work; the Plumbing Code, the Queensland Plumbing and Wastewater Code or the Australian Standards relating to plumbing or drainage work; engineering.\n(sec.54-ssec.2) In this section— Plumbing Code means the parts of the National Construction Code that form the Plumbing Code of Australia (including the Queensland Appendix), published by the Australian Building Codes Board, as amended from time to time by amendments published by the board.\n- (a) building design and construction;\n- (b) infrastructure design and delivery;\n- (c) siting of residential buildings;\n- (d) neighbourhood amenity matters;\n- (e) relevant health or fire safety matters;\n- (f) the Act , the Building Act or the Plumbing and Drainage Act 2018 ;\n- (g) the Building Code, the Queensland Development Code or the Australian Standards relating to building work;\n- (h) the Plumbing Code, the Queensland Plumbing and Wastewater Code or the Australian Standards relating to plumbing or drainage work;\n- (i) engineering.","sortOrder":111},{"sectionNumber":"sec.55","sectionType":"section","heading":"Tribunal chairperson— Act , s 237","content":"### sec.55 Tribunal chairperson— Act , s 237\n\nFor section 237 (4) (a) of the Act , if a tribunal is to hear only a proceeding about an infrastructure charges notice or conversion application, the chairperson of the tribunal must be a lawyer.","sortOrder":112},{"sectionNumber":"sec.56","sectionType":"section","heading":"Required fees for tribunal proceedings— Act , s 237","content":"### sec.56 Required fees for tribunal proceedings— Act , s 237\n\nFor section 237 (4) (b) of the Act , the required fees for tribunal proceedings are stated in schedule 17 .\nA reference in schedule 17 , item 6, 11 or 16 to an appeal about a decision under the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about a decision under the repealed Plumbing and Drainage Act 2002 , part 4 or 5 .\nA reference in schedule 17 , item 18 to an appeal about an enforcement notice given in relation to a matter relating to the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about an enforcement notice given in relation to a matter relating to the repealed Plumbing and Drainage Act 2002 .\ns 56 amd 2019 SL No. 104 s 11\n(sec.56-ssec.1) For section 237 (4) (b) of the Act , the required fees for tribunal proceedings are stated in schedule 17 .\n(sec.56-ssec.2) A reference in schedule 17 , item 6, 11 or 16 to an appeal about a decision under the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about a decision under the repealed Plumbing and Drainage Act 2002 , part 4 or 5 .\n(sec.56-ssec.3) A reference in schedule 17 , item 18 to an appeal about an enforcement notice given in relation to a matter relating to the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about an enforcement notice given in relation to a matter relating to the repealed Plumbing and Drainage Act 2002 .","sortOrder":113},{"sectionNumber":"pt.8","sectionType":"part","heading":"Urban encroachment","content":"# Urban encroachment","sortOrder":114},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Application for registration or renewal","content":"## Application for registration or renewal","sortOrder":115},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 om 2024 SL No. 123 s 27","sortOrder":116},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application and purpose of division","content":"### sec.58 Application and purpose of division\n\nThis division—\napplies to an application under section 267 of the Act to register, or renew the registration of, premises; and\nprescribes, for section 275 of the Act , matters for chapter 7 , part 4 of the Act relating to the application.\ns 58 sub 2024 SL No. 123 s 29\n- (a) applies to an application under section 267 of the Act to register, or renew the registration of, premises; and\n- (b) prescribes, for section 275 of the Act , matters for chapter 7 , part 4 of the Act relating to the application.","sortOrder":117},{"sectionNumber":"sec.59","sectionType":"section","heading":"Requirements for application for registration or renewal","content":"### sec.59 Requirements for application for registration or renewal\n\nThe application must include—\na map that shows—\nthe area (the mapped area ) that the proposed registration, or renewed registration, is intended to relate to; and\na lot on plan description of the mapped area; and\ndetails of any intensification of development, or proposed development, within the mapped area that is encroaching, or is likely to encroach, on the premises; and\na statement about the nature of development proposed for the mapped area under a local categorising instrument or regional plan applying to the area; and\ninformation about the significance of the activity carried out at the premises to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and\nfor an application to register premises—details of all public consultation carried out by, or for, the applicant about the proposed registration, including—\na copy of the notice given under section 268C (2) (a) (i) of the Act ; and\ndetails of the period for which the consultation was carried out; and\ncopies of any submissions received from the owners and occupiers of premises within the mapped area; and\ndetails of any written complaints made to the applicant—\nwithin 1 year before the application is made; and\nabout emissions from the activity carried out at the premises; and\ndetails of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the premises; and\na report (the technical report ) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the premises; and\nif the activity is a prescribed ERA under the Environmental Protection Act —a copy of the environmental authority for carrying out the activity.\nThe technical report must include a certification by the person who prepared the report about whether the levels of emissions from the carrying out of the activity comply with—\nany development approval for the premises; and\nany authority under the Environmental Protection Act applying to the activity.\ns 59 amd 2024 SL No. 123 s 30\n(sec.59-ssec.1) The application must include— a map that shows— the area (the mapped area ) that the proposed registration, or renewed registration, is intended to relate to; and a lot on plan description of the mapped area; and details of any intensification of development, or proposed development, within the mapped area that is encroaching, or is likely to encroach, on the premises; and a statement about the nature of development proposed for the mapped area under a local categorising instrument or regional plan applying to the area; and information about the significance of the activity carried out at the premises to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and for an application to register premises—details of all public consultation carried out by, or for, the applicant about the proposed registration, including— a copy of the notice given under section 268C (2) (a) (i) of the Act ; and details of the period for which the consultation was carried out; and copies of any submissions received from the owners and occupiers of premises within the mapped area; and details of any written complaints made to the applicant— within 1 year before the application is made; and about emissions from the activity carried out at the premises; and details of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the premises; and a report (the technical report ) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the premises; and if the activity is a prescribed ERA under the Environmental Protection Act —a copy of the environmental authority for carrying out the activity.\n(sec.59-ssec.2) The technical report must include a certification by the person who prepared the report about whether the levels of emissions from the carrying out of the activity comply with— any development approval for the premises; and any authority under the Environmental Protection Act applying to the activity.\n- (a) a map that shows— (i) the area (the mapped area ) that the proposed registration, or renewed registration, is intended to relate to; and (ii) a lot on plan description of the mapped area; and\n- (i) the area (the mapped area ) that the proposed registration, or renewed registration, is intended to relate to; and\n- (ii) a lot on plan description of the mapped area; and\n- (b) details of any intensification of development, or proposed development, within the mapped area that is encroaching, or is likely to encroach, on the premises; and\n- (c) a statement about the nature of development proposed for the mapped area under a local categorising instrument or regional plan applying to the area; and\n- (d) information about the significance of the activity carried out at the premises to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and\n- (e) for an application to register premises—details of all public consultation carried out by, or for, the applicant about the proposed registration, including— (i) a copy of the notice given under section 268C (2) (a) (i) of the Act ; and (ii) details of the period for which the consultation was carried out; and (iii) copies of any submissions received from the owners and occupiers of premises within the mapped area; and\n- (i) a copy of the notice given under section 268C (2) (a) (i) of the Act ; and\n- (ii) details of the period for which the consultation was carried out; and\n- (iii) copies of any submissions received from the owners and occupiers of premises within the mapped area; and\n- (f) details of any written complaints made to the applicant— (i) within 1 year before the application is made; and (ii) about emissions from the activity carried out at the premises; and\n- (i) within 1 year before the application is made; and\n- (ii) about emissions from the activity carried out at the premises; and\n- (g) details of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the premises; and\n- (h) a report (the technical report ) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the premises; and\n- (i) if the activity is a prescribed ERA under the Environmental Protection Act —a copy of the environmental authority for carrying out the activity.\n- (i) the area (the mapped area ) that the proposed registration, or renewed registration, is intended to relate to; and\n- (ii) a lot on plan description of the mapped area; and\n- (i) a copy of the notice given under section 268C (2) (a) (i) of the Act ; and\n- (ii) details of the period for which the consultation was carried out; and\n- (iii) copies of any submissions received from the owners and occupiers of premises within the mapped area; and\n- (i) within 1 year before the application is made; and\n- (ii) about emissions from the activity carried out at the premises; and\n- (a) any development approval for the premises; and\n- (b) any authority under the Environmental Protection Act applying to the activity.","sortOrder":118},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 om 2024 SL No. 123 s 31","sortOrder":119},{"sectionNumber":"sec.61","sectionType":"section","heading":"Minister may request extra information","content":"### sec.61 Minister may request extra information\n\nThis section applies if the Minister reasonably requires extra information or a document to decide the application.\nThe Minister may, by notice, require the applicant to give the extra information or document to the Minister within the reasonable period of at least 30 business days stated in the notice.\nThe notice must be given within 30 business days after the Minister receives the application.\nIf the applicant does not comply with the requirement within the stated period, the applicant is taken to have withdrawn the application.\n(sec.61-ssec.1) This section applies if the Minister reasonably requires extra information or a document to decide the application.\n(sec.61-ssec.2) The Minister may, by notice, require the applicant to give the extra information or document to the Minister within the reasonable period of at least 30 business days stated in the notice.\n(sec.61-ssec.3) The notice must be given within 30 business days after the Minister receives the application.\n(sec.61-ssec.4) If the applicant does not comply with the requirement within the stated period, the applicant is taken to have withdrawn the application.","sortOrder":120},{"sectionNumber":"sec.62","sectionType":"section","heading":"Assessing application for registration or renewal","content":"### sec.62 Assessing application for registration or renewal\n\nThe Minister must assess the application against—\nwhether the activity carried out on the premises is significant to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and\nwhether the activity carried out on the premises is consistent with the nature of development proposed for the mapped area under a local categorising instrument and a regional plan applying to the mapped area.\nAlso, if the application is an application to register premises, the Minister must assess the application having regard to the outcomes of the public consultation about the application.\ns 62 amd 2024 SL No. 123 s 32\n(sec.62-ssec.1) The Minister must assess the application against— whether the activity carried out on the premises is significant to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and whether the activity carried out on the premises is consistent with the nature of development proposed for the mapped area under a local categorising instrument and a regional plan applying to the mapped area.\n(sec.62-ssec.2) Also, if the application is an application to register premises, the Minister must assess the application having regard to the outcomes of the public consultation about the application.\n- (a) whether the activity carried out on the premises is significant to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and\n- (b) whether the activity carried out on the premises is consistent with the nature of development proposed for the mapped area under a local categorising instrument and a regional plan applying to the mapped area.","sortOrder":121},{"sectionNumber":"sec.63","sectionType":"section","heading":"Content of notices about registration or renewal","content":"### sec.63 Content of notices about registration or renewal\n\nThis section applies if the Minister decides, under section 267 of the Act , to register premises or renew the registration of premises.\nThe decision notice for the decision must—\nif the decision is to register the premises, or renew the registration, on conditions—state the conditions and the period within which the conditions must be complied with; and\nif the Minister decides a term of registration for the premises of more than 10 years—state the term of the registration.\nThe notice given under section 267 (12) of the Act must—\ninclude a map of the affected area; and\nstate the period for which the registration has effect.\nThe notice published by the owner of the premises under section 269 (3) (a) or (4) of the Act must—\nstate the name of, or describe, the registered premises; and\ninclude a description of the affected area; and\nstate where a member of the public can get—\na map showing the affected area; or\na copy of any conditions of the registration; or\ndetails of the types and levels of emissions from the carrying out of the activity for which the premises are registered; and\nstate the effect of section 274 of the Act .\ns 63 amd 2024 SL No. 123 s 33\n(sec.63-ssec.1) This section applies if the Minister decides, under section 267 of the Act , to register premises or renew the registration of premises.\n(sec.63-ssec.2) The decision notice for the decision must— if the decision is to register the premises, or renew the registration, on conditions—state the conditions and the period within which the conditions must be complied with; and if the Minister decides a term of registration for the premises of more than 10 years—state the term of the registration.\n(sec.63-ssec.3) The notice given under section 267 (12) of the Act must— include a map of the affected area; and state the period for which the registration has effect.\n(sec.63-ssec.4) The notice published by the owner of the premises under section 269 (3) (a) or (4) of the Act must— state the name of, or describe, the registered premises; and include a description of the affected area; and state where a member of the public can get— a map showing the affected area; or a copy of any conditions of the registration; or details of the types and levels of emissions from the carrying out of the activity for which the premises are registered; and state the effect of section 274 of the Act .\n- (a) if the decision is to register the premises, or renew the registration, on conditions—state the conditions and the period within which the conditions must be complied with; and\n- (b) if the Minister decides a term of registration for the premises of more than 10 years—state the term of the registration.\n- (a) include a map of the affected area; and\n- (b) state the period for which the registration has effect.\n- (a) state the name of, or describe, the registered premises; and\n- (b) include a description of the affected area; and\n- (c) state where a member of the public can get— (i) a map showing the affected area; or (ii) a copy of any conditions of the registration; or (iii) details of the types and levels of emissions from the carrying out of the activity for which the premises are registered; and\n- (i) a map showing the affected area; or\n- (ii) a copy of any conditions of the registration; or\n- (iii) details of the types and levels of emissions from the carrying out of the activity for which the premises are registered; and\n- (d) state the effect of section 274 of the Act .\n- (i) a map showing the affected area; or\n- (ii) a copy of any conditions of the registration; or\n- (iii) details of the types and levels of emissions from the carrying out of the activity for which the premises are registered; and","sortOrder":122},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 om 2024 SL No. 123 s 34","sortOrder":123},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Amending conditions of, or cancelling, registration","content":"## Amending conditions of, or cancelling, registration","sortOrder":124},{"sectionNumber":"sec.65","sectionType":"section","heading":"Notice of proposed amendment— Act , s 275","content":"### sec.65 Notice of proposed amendment— Act , s 275\n\nThis section applies if the Minister proposes, under section 268 (1) (a) of the Act , to amend the conditions of the registration of premises.\nFor section 275 of the Act , the Minister must give the owner of the premises a notice that states—\nthat the Minister proposes to amend the conditions of the registration; and\ndetails of the proposed amendment, including the reasons for the amendment; and\nthat the owner may, within a stated period of at least 14 business days after the notice is given, make representations to the Minister about the proposed amendment.\n(sec.65-ssec.1) This section applies if the Minister proposes, under section 268 (1) (a) of the Act , to amend the conditions of the registration of premises.\n(sec.65-ssec.2) For section 275 of the Act , the Minister must give the owner of the premises a notice that states— that the Minister proposes to amend the conditions of the registration; and details of the proposed amendment, including the reasons for the amendment; and that the owner may, within a stated period of at least 14 business days after the notice is given, make representations to the Minister about the proposed amendment.\n- (a) that the Minister proposes to amend the conditions of the registration; and\n- (b) details of the proposed amendment, including the reasons for the amendment; and\n- (c) that the owner may, within a stated period of at least 14 business days after the notice is given, make representations to the Minister about the proposed amendment.","sortOrder":125},{"sectionNumber":"sec.66","sectionType":"section","heading":"Notice of proposed cancellation— Act , s 275","content":"### sec.66 Notice of proposed cancellation— Act , s 275\n\nThis section applies if the Minister proposes, under section 268 (1) (b) of the Act , to cancel the registration of premises.\nFor section 275 of the Act , the Minister must give the owner of the premises a notice that states—\nthat the Minister proposes to cancel the registration; and\nthe reasons for the proposed cancellation; and\nthat the owner may, within a stated period of at least 20 business days after the notice is given, make representations to the Minister about the proposed cancellation.\n(sec.66-ssec.1) This section applies if the Minister proposes, under section 268 (1) (b) of the Act , to cancel the registration of premises.\n(sec.66-ssec.2) For section 275 of the Act , the Minister must give the owner of the premises a notice that states— that the Minister proposes to cancel the registration; and the reasons for the proposed cancellation; and that the owner may, within a stated period of at least 20 business days after the notice is given, make representations to the Minister about the proposed cancellation.\n- (a) that the Minister proposes to cancel the registration; and\n- (b) the reasons for the proposed cancellation; and\n- (c) that the owner may, within a stated period of at least 20 business days after the notice is given, make representations to the Minister about the proposed cancellation.","sortOrder":126},{"sectionNumber":"sec.67","sectionType":"section","heading":"Requirements for notices about amending or cancelling registration— Act , s 275","content":"### sec.67 Requirements for notices about amending or cancelling registration— Act , s 275\n\nFor section 275 of the Act , if the Minister decides, under section 268 (1) (a) of the Act , to amend the conditions of the registration of premises, the decision notice given under section 268 (2) of the Act must state—\nthe conditions being amended, including details of the amendments; and\nthe reasons for the decision; and\nthe period within which the amended conditions must be complied with.\nFor section 275 of the Act , if the Minister decides, under section 268 (1) (b) of the Act , to cancel the registration of premises, the decision notice given under section 268 (2) of the Act must—\nstate the decision and the reasons for the decision; and\ninclude details of the registered premises; and\ninclude a map of the affected area.\nFor section 275 of the Act , if the owner of registered premises gives a notice under section 268 (4) of the Act cancelling the registration, the notice must include—\ndetails of the registered premises; and\na map of the affected area.\n(sec.67-ssec.1) For section 275 of the Act , if the Minister decides, under section 268 (1) (a) of the Act , to amend the conditions of the registration of premises, the decision notice given under section 268 (2) of the Act must state— the conditions being amended, including details of the amendments; and the reasons for the decision; and the period within which the amended conditions must be complied with.\n(sec.67-ssec.2) For section 275 of the Act , if the Minister decides, under section 268 (1) (b) of the Act , to cancel the registration of premises, the decision notice given under section 268 (2) of the Act must— state the decision and the reasons for the decision; and include details of the registered premises; and include a map of the affected area.\n(sec.67-ssec.3) For section 275 of the Act , if the owner of registered premises gives a notice under section 268 (4) of the Act cancelling the registration, the notice must include— details of the registered premises; and a map of the affected area.\n- (a) the conditions being amended, including details of the amendments; and\n- (b) the reasons for the decision; and\n- (c) the period within which the amended conditions must be complied with.\n- (a) state the decision and the reasons for the decision; and\n- (b) include details of the registered premises; and\n- (c) include a map of the affected area.\n- (a) details of the registered premises; and\n- (b) a map of the affected area.","sortOrder":127},{"sectionNumber":"pt.8-div.2A","sectionType":"division","heading":"Amending registration to include additional land in affected area","content":"## Amending registration to include additional land in affected area","sortOrder":128},{"sectionNumber":"sec.67A","sectionType":"section","heading":"Application and purpose of division","content":"### sec.67A Application and purpose of division\n\nThis division—\napplies to an application under section 268A of the Act to amend the registration of registered premises to include additional land in the affected area for the premises; and\nprescribes, for section 275 of the Act , matters for chapter 7 , part 4 of the Act relating to the application.\ns 67A ins 2024 SL No. 123 s 36\n- (a) applies to an application under section 268A of the Act to amend the registration of registered premises to include additional land in the affected area for the premises; and\n- (b) prescribes, for section 275 of the Act , matters for chapter 7 , part 4 of the Act relating to the application.","sortOrder":129},{"sectionNumber":"sec.67B","sectionType":"section","heading":"Requirements for application to amend registration to include additional land in affected area","content":"### sec.67B Requirements for application to amend registration to include additional land in affected area\n\nThe application must include—\na map that shows—\nthe additional land proposed to be included in the affected area for the registered premises; and\na lot on plan description of the additional land; and\ndetails of any intensification of development, or proposed development, within the additional land that is encroaching, or is likely to encroach, on the registered premises; and\na statement about the nature of development proposed for the additional land under a local categorising instrument or regional plan applying to the land; and\ndetails of all public consultation carried out by, or for, the applicant about the proposed amendment, including—\na copy of the notice given under section 268C (2) (a) (ii) of the Act ; and\ndetails of the period for which the consultation was carried out; and\ncopies of any submissions received from the owners and occupiers of premises within the additional land; and\ndetails of any written complaints made to the applicant—\nwithin 1 year before the application is made; and\nabout emissions from the activity carried out at the registered premises; and\ndetails of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the registered premises; and\na report (the technical report ) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the registered premises; and\nif the activity is a prescribed ERA under the Environmental Protection Act—a copy of the environmental authority for carrying out the activity.\nThe technical report must include a certification by the person who prepared the report about whether the levels of emissions from the carrying out of the activity comply with—\nany development approval for the registered premises; and\nany authority under the Environmental Protection Act applying to the activity.\ns 67B ins 2024 SL No. 123 s 36\n(sec.67B-ssec.1) The application must include— a map that shows— the additional land proposed to be included in the affected area for the registered premises; and a lot on plan description of the additional land; and details of any intensification of development, or proposed development, within the additional land that is encroaching, or is likely to encroach, on the registered premises; and a statement about the nature of development proposed for the additional land under a local categorising instrument or regional plan applying to the land; and details of all public consultation carried out by, or for, the applicant about the proposed amendment, including— a copy of the notice given under section 268C (2) (a) (ii) of the Act ; and details of the period for which the consultation was carried out; and copies of any submissions received from the owners and occupiers of premises within the additional land; and details of any written complaints made to the applicant— within 1 year before the application is made; and about emissions from the activity carried out at the registered premises; and details of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the registered premises; and a report (the technical report ) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the registered premises; and if the activity is a prescribed ERA under the Environmental Protection Act—a copy of the environmental authority for carrying out the activity.\n(sec.67B-ssec.2) The technical report must include a certification by the person who prepared the report about whether the levels of emissions from the carrying out of the activity comply with— any development approval for the registered premises; and any authority under the Environmental Protection Act applying to the activity.\n- (a) a map that shows— (i) the additional land proposed to be included in the affected area for the registered premises; and (ii) a lot on plan description of the additional land; and\n- (i) the additional land proposed to be included in the affected area for the registered premises; and\n- (ii) a lot on plan description of the additional land; and\n- (b) details of any intensification of development, or proposed development, within the additional land that is encroaching, or is likely to encroach, on the registered premises; and\n- (c) a statement about the nature of development proposed for the additional land under a local categorising instrument or regional plan applying to the land; and\n- (d) details of all public consultation carried out by, or for, the applicant about the proposed amendment, including— (i) a copy of the notice given under section 268C (2) (a) (ii) of the Act ; and (ii) details of the period for which the consultation was carried out; and (iii) copies of any submissions received from the owners and occupiers of premises within the additional land; and\n- (i) a copy of the notice given under section 268C (2) (a) (ii) of the Act ; and\n- (ii) details of the period for which the consultation was carried out; and\n- (iii) copies of any submissions received from the owners and occupiers of premises within the additional land; and\n- (e) details of any written complaints made to the applicant— (i) within 1 year before the application is made; and (ii) about emissions from the activity carried out at the registered premises; and\n- (i) within 1 year before the application is made; and\n- (ii) about emissions from the activity carried out at the registered premises; and\n- (f) details of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the registered premises; and\n- (g) a report (the technical report ) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the registered premises; and\n- (h) if the activity is a prescribed ERA under the Environmental Protection Act—a copy of the environmental authority for carrying out the activity.\n- (i) the additional land proposed to be included in the affected area for the registered premises; and\n- (ii) a lot on plan description of the additional land; and\n- (i) a copy of the notice given under section 268C (2) (a) (ii) of the Act ; and\n- (ii) details of the period for which the consultation was carried out; and\n- (iii) copies of any submissions received from the owners and occupiers of premises within the additional land; and\n- (i) within 1 year before the application is made; and\n- (ii) about emissions from the activity carried out at the registered premises; and\n- (a) any development approval for the registered premises; and\n- (b) any authority under the Environmental Protection Act applying to the activity.","sortOrder":130},{"sectionNumber":"sec.67C","sectionType":"section","heading":"Minister may request extra information","content":"### sec.67C Minister may request extra information\n\nThis section applies if the Minister reasonably requires extra information or a document to decide the application.\nThe Minister may, by notice, require the applicant to give the extra information or document to the Minister within the reasonable period of at least 30 business days stated in the notice.\nThe notice must be given within 30 business days after the day the Minister receives the application.\nIf the applicant does not comply with the requirement within the stated period, the applicant is taken to have withdrawn the application.\ns 67C ins 2024 SL No. 123 s 36\n(sec.67C-ssec.1) This section applies if the Minister reasonably requires extra information or a document to decide the application.\n(sec.67C-ssec.2) The Minister may, by notice, require the applicant to give the extra information or document to the Minister within the reasonable period of at least 30 business days stated in the notice.\n(sec.67C-ssec.3) The notice must be given within 30 business days after the day the Minister receives the application.\n(sec.67C-ssec.4) If the applicant does not comply with the requirement within the stated period, the applicant is taken to have withdrawn the application.","sortOrder":131},{"sectionNumber":"sec.67D","sectionType":"section","heading":"Assessing application to amend registration to include additional land","content":"### sec.67D Assessing application to amend registration to include additional land\n\nThe Minister must assess the application against whether the activity carried out on the registered premises is consistent with the nature of development proposed for the additional land under a local categorising instrument and a regional plan applying to the land.\nThe Minister must assess the application having regard to the outcomes of the public consultation about the application.\ns 67D ins 2024 SL No. 123 s 36\n(sec.67D-ssec.1) The Minister must assess the application against whether the activity carried out on the registered premises is consistent with the nature of development proposed for the additional land under a local categorising instrument and a regional plan applying to the land.\n(sec.67D-ssec.2) The Minister must assess the application having regard to the outcomes of the public consultation about the application.","sortOrder":132},{"sectionNumber":"sec.67E","sectionType":"section","heading":"Content of notices about amendment to include additional land","content":"### sec.67E Content of notices about amendment to include additional land\n\nThis section applies if the Minister decides, under section 268A of the Act , to approve the amendment of the registration to include additional land in the affected area for the registered premises.\nIf the decision is to approve the amendment of the registration on conditions, the decision notice for the decision must state the conditions and the period within which the conditions must be complied with.\nThe notice given under section 268A (8) of the Act must include a map showing the affected area as changed by the inclusion of the additional land.\nThe notice published by the owner of the premises under section 269A (2) (a) of the Act must—\nstate the name of, or describe, the registered premises; and\ninclude a description of the affected area as changed by the inclusion of additional land; and\nstate where a member of the public can get a a map showing the affected area as changed by the inclusion of additional land; and\nstate the effect of section 274 of the Act .\ns 67E ins 2024 SL No. 123 s 36\n(sec.67E-ssec.1) This section applies if the Minister decides, under section 268A of the Act , to approve the amendment of the registration to include additional land in the affected area for the registered premises.\n(sec.67E-ssec.2) If the decision is to approve the amendment of the registration on conditions, the decision notice for the decision must state the conditions and the period within which the conditions must be complied with.\n(sec.67E-ssec.3) The notice given under section 268A (8) of the Act must include a map showing the affected area as changed by the inclusion of the additional land.\n(sec.67E-ssec.4) The notice published by the owner of the premises under section 269A (2) (a) of the Act must— state the name of, or describe, the registered premises; and include a description of the affected area as changed by the inclusion of additional land; and state where a member of the public can get a a map showing the affected area as changed by the inclusion of additional land; and state the effect of section 274 of the Act .\n- (a) state the name of, or describe, the registered premises; and\n- (b) include a description of the affected area as changed by the inclusion of additional land; and\n- (c) state where a member of the public can get a a map showing the affected area as changed by the inclusion of additional land; and\n- (d) state the effect of section 274 of the Act .","sortOrder":133},{"sectionNumber":"pt.8-div.2B","sectionType":"division","heading":"Requirements for public consultation","content":"## Requirements for public consultation","sortOrder":134},{"sectionNumber":"sec.67F","sectionType":"section","heading":"Requirements for notices— Act , s 268C","content":"### sec.67F Requirements for notices— Act , s 268C\n\nFor section 268C (3) (b) of the Act , a notice under section 268C (2) of the Act about a proposed application must—\nstate the name, postal address, electronic address and phone number of the applicant; and\nstate the name of, or describe, the premises or registered premises that the proposed application relates to; and\nfor a proposed application under section 267 (2) of the Act —describe the mapped area; and\nfor a proposed application under section 268A of the Act —describe the additional land proposed to be included in the affected area for the registered premises; and\nstate where copies of the proposed application may be inspected or purchased; and\nstate the effect of section 274 of the Act .\ns 67F ins 2024 SL No. 123 s 36\n- (a) state the name, postal address, electronic address and phone number of the applicant; and\n- (b) state the name of, or describe, the premises or registered premises that the proposed application relates to; and\n- (c) for a proposed application under section 267 (2) of the Act —describe the mapped area; and\n- (d) for a proposed application under section 268A of the Act —describe the additional land proposed to be included in the affected area for the registered premises; and\n- (e) state where copies of the proposed application may be inspected or purchased; and\n- (f) state the effect of section 274 of the Act .","sortOrder":135},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Affected area development applications","content":"## Affected area development applications","sortOrder":136},{"sectionNumber":"sec.68","sectionType":"section","heading":"Development applications that are not affected area development applications","content":"### sec.68 Development applications that are not affected area development applications\n\nFor schedule 2 of the Act , definition affected area development application , the following development applications are not affected area development applications—\na development application for development relating to a class 1(a) building or class 1(b) building, if the development is on land other than undeveloped land;\na development application for development relating to a class 10 building or structure.\nIn this section—\nundeveloped land means—\nland in its natural state; or\nland that is or was used for 1 or more of the following purposes and has not been developed for an urban purpose—\nagriculture;\nanimal husbandry;\napiculture;\naquaculture;\ndairy farming;\ngrazing;\nhorticulture;\nviticulture; or\nland on which an abattoir or tannery is or was situated and that has not been developed for an urban purpose.\n(sec.68-ssec.1) For schedule 2 of the Act , definition affected area development application , the following development applications are not affected area development applications— a development application for development relating to a class 1(a) building or class 1(b) building, if the development is on land other than undeveloped land; a development application for development relating to a class 10 building or structure.\n(sec.68-ssec.2) In this section— undeveloped land means— land in its natural state; or land that is or was used for 1 or more of the following purposes and has not been developed for an urban purpose— agriculture; animal husbandry; apiculture; aquaculture; dairy farming; grazing; horticulture; viticulture; or land on which an abattoir or tannery is or was situated and that has not been developed for an urban purpose.\n- (a) a development application for development relating to a class 1(a) building or class 1(b) building, if the development is on land other than undeveloped land;\n- (b) a development application for development relating to a class 10 building or structure.\n- (a) land in its natural state; or\n- (b) land that is or was used for 1 or more of the following purposes and has not been developed for an urban purpose— (i) agriculture; (ii) animal husbandry; (iii) apiculture; (iv) aquaculture; (v) dairy farming; (vi) grazing; (vii) horticulture; (viii) viticulture; or\n- (i) agriculture;\n- (ii) animal husbandry;\n- (iii) apiculture;\n- (iv) aquaculture;\n- (v) dairy farming;\n- (vi) grazing;\n- (vii) horticulture;\n- (viii) viticulture; or\n- (c) land on which an abattoir or tannery is or was situated and that has not been developed for an urban purpose.\n- (i) agriculture;\n- (ii) animal husbandry;\n- (iii) apiculture;\n- (iv) aquaculture;\n- (v) dairy farming;\n- (vi) grazing;\n- (vii) horticulture;\n- (viii) viticulture; or","sortOrder":137},{"sectionNumber":"pt.8A","sectionType":"part","heading":"Temporary use licences","content":"# Temporary use licences","sortOrder":138},{"sectionNumber":"sec.68A","sectionType":"section","heading":"Applications for temporary use licences— Act , s 275H","content":"### sec.68A Applications for temporary use licences— Act , s 275H\n\nFor section 275H (2) (b) of the Act , an application for a temporary use licence must include—\nthe applicant’s name and contact details; and\na description of the premises to which the application relates; and\ndetails of the relevant change the subject of the application; and\nthe grounds for the relevant change.\ns 68A ins 2020 SL No. 41 s 5\n- (a) the applicant’s name and contact details; and\n- (b) a description of the premises to which the application relates; and\n- (c) details of the relevant change the subject of the application; and\n- (d) the grounds for the relevant change.","sortOrder":139},{"sectionNumber":"sec.68AA","sectionType":"section","heading":"Applications to extend temporary use licences— Act , s 275LB","content":"### sec.68AA Applications to extend temporary use licences— Act , s 275LB\n\nFor section 275LB (2) (b) of the Act , the following matters are prescribed—\nthe applicant’s name and contact details;\nthe period of the extension sought;\nthe grounds for the extension.\ns 68AA ins 2024 SL No. 123 s 18\n- (a) the applicant’s name and contact details;\n- (b) the period of the extension sought;\n- (c) the grounds for the extension.","sortOrder":140},{"sectionNumber":"sec.68AB","sectionType":"section","heading":"Applications to amend temporary use licences— Act , s 275LG","content":"### sec.68AB Applications to amend temporary use licences— Act , s 275LG\n\nFor section 275LG (2) (b) of the Act , the following matters are prescribed—\nthe applicant’s name and contact details;\ndetails of the amendment sought;\nthe grounds for the amendment.\ns 68AB ins 2024 SL No. 123 s 18\n- (a) the applicant’s name and contact details;\n- (b) details of the amendment sought;\n- (c) the grounds for the amendment.","sortOrder":141},{"sectionNumber":"pt.8B","sectionType":"part","heading":"Economic support instruments","content":"# Economic support instruments","sortOrder":142},{"sectionNumber":"pt.8B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":143},{"sectionNumber":"sec.68B","sectionType":"section","heading":"Purpose of part","content":"### sec.68B Purpose of part\n\nThe purpose of this part is to support the State’s economic recovery from the impacts of the COVID-19 emergency.\nThe purpose is achieved by enabling a local government to adopt an economic support instrument for its local government area.\nIn this section—\nCOVID-19 emergency means the declared public health emergency under the Public Health Act 2005 , section 319 (2) for COVID-19 declared on 29 January 2020 as extended and further extended under that Act.\ns 68B ins 2020 SL No. 197 s 13\n(sec.68B-ssec.1) The purpose of this part is to support the State’s economic recovery from the impacts of the COVID-19 emergency.\n(sec.68B-ssec.2) The purpose is achieved by enabling a local government to adopt an economic support instrument for its local government area.\n(sec.68B-ssec.3) In this section— COVID-19 emergency means the declared public health emergency under the Public Health Act 2005 , section 319 (2) for COVID-19 declared on 29 January 2020 as extended and further extended under that Act.","sortOrder":144},{"sectionNumber":"sec.68C","sectionType":"section","heading":"Definitions for part","content":"### sec.68C Definitions for part\n\nIn this part—\nadoption notice see section 68E (1) (b) .\neconomic support instrument see section 68D (1) .\ns 68C ins 2020 SL No. 197 s 13","sortOrder":145},{"sectionNumber":"pt.8B-div.2","sectionType":"division","heading":"Provisions in relation to economic support instruments","content":"## Provisions in relation to economic support instruments","sortOrder":146},{"sectionNumber":"sec.68D","sectionType":"section","heading":"Local governments may adopt economic support instruments","content":"### sec.68D Local governments may adopt economic support instruments\n\nA local government may, by resolution, adopt an instrument that applies any of the following provisions for its local government area (an economic support instrument )—\ndivision 3 ;\nschedule 6 , part 1 , section 1A ;\nschedule 6 , part 2 , section 7A or 7B .\nHowever, the local government may make the resolution only if satisfied adopting the economic support instrument may assist in achieving the purpose of this part.\ns 68D ins 2020 SL No. 197 s 13\n(sec.68D-ssec.1) A local government may, by resolution, adopt an instrument that applies any of the following provisions for its local government area (an economic support instrument )— division 3 ; schedule 6 , part 1 , section 1A ; schedule 6 , part 2 , section 7A or 7B .\n(sec.68D-ssec.2) However, the local government may make the resolution only if satisfied adopting the economic support instrument may assist in achieving the purpose of this part.\n- (a) division 3 ;\n- (b) schedule 6 , part 1 , section 1A ;\n- (c) schedule 6 , part 2 , section 7A or 7B .","sortOrder":147},{"sectionNumber":"sec.68E","sectionType":"section","heading":"Publication of economic support instruments","content":"### sec.68E Publication of economic support instruments\n\nAs soon as practicable after a local government adopts an economic support instrument, the local government must publish on the local government’s website—\na copy of the economic support instrument; and\na notice (an adoption notice ) that states—\nthe day the local government adopted the economic support instrument; and\nthe day the economic support instrument was first published on the local government’s website.\nHowever, a local government must not first publish an economic support instrument or adoption notice on the local government’s website after 31 December 2023.\nA local government that publishes an economic support instrument and adoption notice under subsection (1) must—\ncontinue to publish the economic support instrument and adoption notice on the local government’s website for the period the instrument is in effect; and\ngive a copy of the economic support instrument and adoption notice to the chief executive as soon as practicable, but no later than 5 business days, after the day mentioned in subsection (1) (b) (ii) .\ns 68E ins 2020 SL No. 197 s 13\namd 2021 SL No. 138 s 4 ; 2022 SL No. 121 s 3\n(sec.68E-ssec.1) As soon as practicable after a local government adopts an economic support instrument, the local government must publish on the local government’s website— a copy of the economic support instrument; and a notice (an adoption notice ) that states— the day the local government adopted the economic support instrument; and the day the economic support instrument was first published on the local government’s website.\n(sec.68E-ssec.2) However, a local government must not first publish an economic support instrument or adoption notice on the local government’s website after 31 December 2023.\n(sec.68E-ssec.3) A local government that publishes an economic support instrument and adoption notice under subsection (1) must— continue to publish the economic support instrument and adoption notice on the local government’s website for the period the instrument is in effect; and give a copy of the economic support instrument and adoption notice to the chief executive as soon as practicable, but no later than 5 business days, after the day mentioned in subsection (1) (b) (ii) .\n- (a) a copy of the economic support instrument; and\n- (b) a notice (an adoption notice ) that states— (i) the day the local government adopted the economic support instrument; and (ii) the day the economic support instrument was first published on the local government’s website.\n- (i) the day the local government adopted the economic support instrument; and\n- (ii) the day the economic support instrument was first published on the local government’s website.\n- (i) the day the local government adopted the economic support instrument; and\n- (ii) the day the economic support instrument was first published on the local government’s website.\n- (a) continue to publish the economic support instrument and adoption notice on the local government’s website for the period the instrument is in effect; and\n- (b) give a copy of the economic support instrument and adoption notice to the chief executive as soon as practicable, but no later than 5 business days, after the day mentioned in subsection (1) (b) (ii) .","sortOrder":148},{"sectionNumber":"sec.68F","sectionType":"section","heading":"Period of economic support instruments","content":"### sec.68F Period of economic support instruments\n\nAn economic support instrument has effect for the period—\nstarting on the day stated in the adoption notice for the instrument under section 68E (1) (b) (ii) ; and\nending on the earlier of the following days—\nthe day a revocation of the instrument takes effect under section 68G (4) ;\n31 December 2023.\ns 68F ins 2020 SL No. 197 s 13\namd 2021 SL No. 138 s 5 ; 2022 SL No. 121 s 4\n- (a) starting on the day stated in the adoption notice for the instrument under section 68E (1) (b) (ii) ; and\n- (b) ending on the earlier of the following days— (i) the day a revocation of the instrument takes effect under section 68G (4) ; (ii) 31 December 2023.\n- (i) the day a revocation of the instrument takes effect under section 68G (4) ;\n- (ii) 31 December 2023.\n- (i) the day a revocation of the instrument takes effect under section 68G (4) ;\n- (ii) 31 December 2023.","sortOrder":149},{"sectionNumber":"sec.68G","sectionType":"section","heading":"Revoking economic support instruments","content":"### sec.68G Revoking economic support instruments\n\nA local government may, by resolution, revoke an economic support instrument in effect for its local government area.\nAs soon as practicable after the local government makes the resolution, the local government must publish notice of the revocation on the local government’s website.\nThe notice must state the day the notice was first published on the local government’s website.\nThe revocation takes effect on the day that is 5 business days after the day mentioned in subsection (3) or a later day stated in the notice.\nThe local government must continue to publish the notice on the local government’s website until 1 January 2024.\nThe local government must give a copy of the notice to the chief executive as soon as practicable, but no later than 5 business days, after the day mentioned in subsection (3) .\ns 68G ins 2020 SL No. 197 s 13\namd 2021 SL No. 138 s 6 ; 2022 SL No. 121 s 5\n(sec.68G-ssec.1) A local government may, by resolution, revoke an economic support instrument in effect for its local government area.\n(sec.68G-ssec.2) As soon as practicable after the local government makes the resolution, the local government must publish notice of the revocation on the local government’s website.\n(sec.68G-ssec.3) The notice must state the day the notice was first published on the local government’s website.\n(sec.68G-ssec.4) The revocation takes effect on the day that is 5 business days after the day mentioned in subsection (3) or a later day stated in the notice.\n(sec.68G-ssec.5) The local government must continue to publish the notice on the local government’s website until 1 January 2024.\n(sec.68G-ssec.6) The local government must give a copy of the notice to the chief executive as soon as practicable, but no later than 5 business days, after the day mentioned in subsection (3) .","sortOrder":150},{"sectionNumber":"pt.8B-div.3","sectionType":"division","heading":"Development that requires code assessment","content":"## Development that requires code assessment","sortOrder":151},{"sectionNumber":"sec.68H","sectionType":"section","heading":"Application of division","content":"### sec.68H Application of division\n\nThis division applies if an economic support instrument applying this division is in effect for a local government area.\ns 68H ins 2020 SL No. 197 s 13","sortOrder":152},{"sectionNumber":"sec.68I","sectionType":"section","heading":"Particular development requires code assessment instead of impact assessment","content":"### sec.68I Particular development requires code assessment instead of impact assessment\n\nThis section applies in relation to a material change of use of premises in the local government area if—\nunder a local planning instrument applying to the premises—\nthe material change of use is assessable development that requires impact assessment; and\nthe premises are included in a zone mentioned in table 1, column 1; and\nthe proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and\nthe economic support instrument states that the proposed use is identified for the zone applying to the premises; and\na properly made application for the material change of use is made during the period the economic support instrument is in effect.\nThe category of assessment for the material change of use is code assessment.\nThe code assessment for the material change of use must be carried out against the assessment benchmarks in a local planning instrument applying to the premises that are stated in the economic support instrument.\nIn this section, a reference to a zone using a particular name is taken to be a reference to—\nthe zone of that name stated in schedule 2 ; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .\nTable 1\nColumn 1\nZone\nColumn 2\nProposed use\nNeighbourhood centre zone or local centre zone\nFood and drink outlet\nHealth care service\nOffice\nShop\nVeterinary service\nCentre zone, district centre zone, major centre zone or principal centre zone\nBar\nFood and drink outlet\nGarden centre\nHealth care service\nIndoor sport and recreation\nMarket\nOffice\nService industry\nShop\nVeterinary service\nMixed use zone\nBar\nFood and drink outlet\nGarden centre\nHealth care service\nHome-based business\nIndoor sport and recreation\nMarket\nOffice\nService industry\nShop\nVeterinary service\nIndustry zone, low impact industry zone or medium impact industry zone\nBulk landscape supplies\nCar wash\nHardware and trade supplies\nLow impact industry\nResearch and technology industry\nService industry\nTransport depot\nVeterinary service\nWarehouse\nResearch and technology industry zone\nLow impact industry\nResearch and technology industry\nRural zone\nAgricultural supplies store\nIntensive horticulture\nNature-based tourism\nRural industry\nWholesale nursery\nWinery\nTourism zone, major tourism zone or minor tourism zone\nNature-based tourism\nSales office\nShop\nShort-term accommodation\nTourist attraction\nTourist park\nTownship zone\nAgricultural supplies store\nBar\nGarden centre\nHardware and trade supplies\nRoadside stall\nTransport depot\nVeterinary service\nWholesale nursery\nWinery\nWaterfront and marine industry zone\nLow impact industry\nMarine industry\nWarehouse\ns 68I ins 2020 SL No. 197 s 13\n(sec.68I-ssec.1) This section applies in relation to a material change of use of premises in the local government area if— under a local planning instrument applying to the premises— the material change of use is assessable development that requires impact assessment; and the premises are included in a zone mentioned in table 1, column 1; and the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and the economic support instrument states that the proposed use is identified for the zone applying to the premises; and a properly made application for the material change of use is made during the period the economic support instrument is in effect.\n(sec.68I-ssec.2) The category of assessment for the material change of use is code assessment.\n(sec.68I-ssec.3) The code assessment for the material change of use must be carried out against the assessment benchmarks in a local planning instrument applying to the premises that are stated in the economic support instrument.\n(sec.68I-ssec.4) In this section, a reference to a zone using a particular name is taken to be a reference to— the zone of that name stated in schedule 2 ; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 . Table 1 Column 1 Zone Column 2 Proposed use Neighbourhood centre zone or local centre zone Food and drink outlet Health care service Office Shop Veterinary service Centre zone, district centre zone, major centre zone or principal centre zone Bar Food and drink outlet Garden centre Health care service Indoor sport and recreation Market Office Service industry Shop Veterinary service Mixed use zone Bar Food and drink outlet Garden centre Health care service Home-based business Indoor sport and recreation Market Office Service industry Shop Veterinary service Industry zone, low impact industry zone or medium impact industry zone Bulk landscape supplies Car wash Hardware and trade supplies Low impact industry Research and technology industry Service industry Transport depot Veterinary service Warehouse Research and technology industry zone Low impact industry Research and technology industry Rural zone Agricultural supplies store Intensive horticulture Nature-based tourism Rural industry Wholesale nursery Winery Tourism zone, major tourism zone or minor tourism zone Nature-based tourism Sales office Shop Short-term accommodation Tourist attraction Tourist park Township zone Agricultural supplies store Bar Garden centre Hardware and trade supplies Roadside stall Transport depot Veterinary service Wholesale nursery Winery Waterfront and marine industry zone Low impact industry Marine industry Warehouse\n- (a) under a local planning instrument applying to the premises— (i) the material change of use is assessable development that requires impact assessment; and (ii) the premises are included in a zone mentioned in table 1, column 1; and\n- (i) the material change of use is assessable development that requires impact assessment; and\n- (ii) the premises are included in a zone mentioned in table 1, column 1; and\n- (b) the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and\n- (c) the economic support instrument states that the proposed use is identified for the zone applying to the premises; and\n- (d) a properly made application for the material change of use is made during the period the economic support instrument is in effect.\n- (i) the material change of use is assessable development that requires impact assessment; and\n- (ii) the premises are included in a zone mentioned in table 1, column 1; and\n- (a) the zone of that name stated in schedule 2 ; or\n- (b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .","sortOrder":153},{"sectionNumber":"pt.9","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":154},{"sectionNumber":"sec.69","sectionType":"section","heading":"Approving plans of subdivision— Act , s 284","content":"### sec.69 Approving plans of subdivision— Act , s 284\n\nFor section 284 (2) (b) of the Act , schedule 18 states the process for local governments to approve a plan of subdivision for reconfiguring a lot that, under an Act, requires local government approval (in whatever form) before the plan can be registered or otherwise recorded under that Act.","sortOrder":155},{"sectionNumber":"sec.70","sectionType":"section","heading":"Public access to certain documents— Act , s 264","content":"### sec.70 Public access to certain documents— Act , s 264\n\nFor section 264 (1) of the Act , schedule 22 prescribes—\nthe documents the following persons must or may keep publicly available—\na local government;\nan assessment manager;\na referral agency;\nthe chief executive; and\nwhether the documents—\nmust be kept available for inspection and purchase or for inspection only; and\nmust or may be published on the person’s website; and\nif a document must or may be kept for a particular period only—the period during which the document must or may be kept.\nFor section 264 (6) of the Act , schedule 22 also prescribes the documents that section 264 of the Act does not apply to the extent the person required to make the document publicly available reasonably considers the document contains the information mentioned in section 264 (6) of the Act .\nIf schedule 22 requires a document to be kept, a certified copy of the document may be kept instead of the document.\n(sec.70-ssec.1) For section 264 (1) of the Act , schedule 22 prescribes— the documents the following persons must or may keep publicly available— a local government; an assessment manager; a referral agency; the chief executive; and whether the documents— must be kept available for inspection and purchase or for inspection only; and must or may be published on the person’s website; and if a document must or may be kept for a particular period only—the period during which the document must or may be kept.\n(sec.70-ssec.2) For section 264 (6) of the Act , schedule 22 also prescribes the documents that section 264 of the Act does not apply to the extent the person required to make the document publicly available reasonably considers the document contains the information mentioned in section 264 (6) of the Act .\n(sec.70-ssec.3) If schedule 22 requires a document to be kept, a certified copy of the document may be kept instead of the document.\n- (a) the documents the following persons must or may keep publicly available— (i) a local government; (ii) an assessment manager; (iii) a referral agency; (iv) the chief executive; and\n- (i) a local government;\n- (ii) an assessment manager;\n- (iii) a referral agency;\n- (iv) the chief executive; and\n- (b) whether the documents— (i) must be kept available for inspection and purchase or for inspection only; and (ii) must or may be published on the person’s website; and\n- (i) must be kept available for inspection and purchase or for inspection only; and\n- (ii) must or may be published on the person’s website; and\n- (c) if a document must or may be kept for a particular period only—the period during which the document must or may be kept.\n- (i) a local government;\n- (ii) an assessment manager;\n- (iii) a referral agency;\n- (iv) the chief executive; and\n- (i) must be kept available for inspection and purchase or for inspection only; and\n- (ii) must or may be published on the person’s website; and","sortOrder":156},{"sectionNumber":"sec.71","sectionType":"section","heading":"Planning and development certificates— Act , s 265","content":"### sec.71 Planning and development certificates— Act , s 265\n\nFor section 265 (4) of the Act , schedule 23 prescribes the information that must be included in limited, standard and full planning and development certificates.","sortOrder":157},{"sectionNumber":"sec.72","sectionType":"section","heading":"Priority infrastructure areas— Act , s 304","content":"### sec.72 Priority infrastructure areas— Act , s 304\n\nFor section 304 (2) of the Act , the PIA for the local government area of a local government stated in the repealed SPRP (adopted charges), schedule 2 , column 1 is the area shown as a PIA on a map stated opposite the local government in column 2 and published on the department’s website.\nIn this section—\nrepealed SPRP (adopted charges) means the State planning regulatory provision, made under the old Act, called ‘State Planning Regulatory Provision (adopted charges) - July 2012’, as in force immediately before the old Act was repealed.\n(sec.72-ssec.1) For section 304 (2) of the Act , the PIA for the local government area of a local government stated in the repealed SPRP (adopted charges), schedule 2 , column 1 is the area shown as a PIA on a map stated opposite the local government in column 2 and published on the department’s website.\n(sec.72-ssec.2) In this section— repealed SPRP (adopted charges) means the State planning regulatory provision, made under the old Act, called ‘State Planning Regulatory Provision (adopted charges) - July 2012’, as in force immediately before the old Act was repealed.","sortOrder":158},{"sectionNumber":"sec.72A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.72A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee or charge expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest dollar (rounding one-half upwards).\nIf a fee were 3,500 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 3,500 by $1.015 would be $3,552.50. Because $3,552.50 is halfway between $3,552 and $3,553, it is rounded upwards, so the amount of the fee would be $3,553.\ns 72A ins 2022 SL No. 75 s 11\n(sec.72A-ssec.1) This section applies for working out the amount of a fee or charge expressed in this regulation as a number of fee units.\n(sec.72A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest dollar (rounding one-half upwards). If a fee were 3,500 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 3,500 by $1.015 would be $3,552.50. Because $3,552.50 is halfway between $3,552 and $3,553, it is rounded upwards, so the amount of the fee would be $3,553.","sortOrder":159},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":160},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Transitional provision for Nature Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020","content":"## Transitional provision for Nature Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020","sortOrder":161},{"sectionNumber":"sec.73","sectionType":"section","heading":"Existing development applications","content":"### sec.73 Existing development applications\n\nThis regulation, as in force from time to time before the commencement, continues to apply in relation to an application that was properly made, but not decided, before the commencement.\ns 73 ins 2020 SL No. 9 s 29","sortOrder":162},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Transitional provision for Planning Amendment Regulation (No. 1) 2021","content":"## Transitional provision for Planning Amendment Regulation (No. 1) 2021","sortOrder":163},{"sectionNumber":"sec.74","sectionType":"section","heading":"Continuation of existing economic support instruments","content":"### sec.74 Continuation of existing economic support instruments\n\nThis section applies in relation to an economic support instrument that—\nimmediately before the commencement, was in effect for a local government’s local government area; and\nstated that the instrument ends on 17 September 2021.\nOn the commencement, the economic support instrument continues in effect for the local government’s local government area until the earlier of the following days—\nthe day a revocation of the instrument takes effect under section 68G(4);\n17 September 2022.\nFor the purposes of this section, a reference in the economic support instrument, or an adoption notice published in relation to the instrument, to 17 September 2021 is taken to be a reference to 17 September 2022.\nThis section applies subject to section 75.\ns 74 ins 2021 SL No. 138 s 7\namd 2022 SL No. 121 s 6\n(sec.74-ssec.1) This section applies in relation to an economic support instrument that— immediately before the commencement, was in effect for a local government’s local government area; and stated that the instrument ends on 17 September 2021.\n(sec.74-ssec.2) On the commencement, the economic support instrument continues in effect for the local government’s local government area until the earlier of the following days— the day a revocation of the instrument takes effect under section 68G(4); 17 September 2022.\n(sec.74-ssec.3) For the purposes of this section, a reference in the economic support instrument, or an adoption notice published in relation to the instrument, to 17 September 2021 is taken to be a reference to 17 September 2022.\n(sec.74-ssec.4) This section applies subject to section 75.\n- (a) immediately before the commencement, was in effect for a local government’s local government area; and\n- (b) stated that the instrument ends on 17 September 2021.\n- (a) the day a revocation of the instrument takes effect under section 68G(4);\n- (b) 17 September 2022.","sortOrder":164},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Transitional provision for Planning (Economic Support Instruments) Amendment Regulation 2022","content":"## Transitional provision for Planning (Economic Support Instruments) Amendment Regulation 2022","sortOrder":165},{"sectionNumber":"sec.75","sectionType":"section","heading":"Further continuation of existing economic support instruments","content":"### sec.75 Further continuation of existing economic support instruments\n\nThis section applies in relation to an economic support instrument that, immediately before the commencement, was in effect for a local government’s local government area.\nSection 68F, as amended by the Planning (Economic Support Instruments) Amendment Regulation 2022 , applies in relation to the economic support instrument.\nA reference in the economic support instrument, or an adoption notice published in relation to the instrument, to the instrument ending on 17 September 2021 or 17 September 2022 is taken to be a reference to the instrument ending on 31 December 2023.\nThis section applies despite section 74.\ns 75 ins 2022 SL No. 121 s 7\n(sec.75-ssec.1) This section applies in relation to an economic support instrument that, immediately before the commencement, was in effect for a local government’s local government area.\n(sec.75-ssec.2) Section 68F, as amended by the Planning (Economic Support Instruments) Amendment Regulation 2022 , applies in relation to the economic support instrument.\n(sec.75-ssec.3) A reference in the economic support instrument, or an adoption notice published in relation to the instrument, to the instrument ending on 17 September 2021 or 17 September 2022 is taken to be a reference to the instrument ending on 31 December 2023.\n(sec.75-ssec.4) This section applies despite section 74.","sortOrder":166},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Transitional provision for Planning and Other Legislation Amendment Regulation 2024","content":"## Transitional provision for Planning and Other Legislation Amendment Regulation 2024","sortOrder":167},{"sectionNumber":"sec.76","sectionType":"section","heading":"Reference to affordable housing in local planning instrument","content":"### sec.76 Reference to affordable housing in local planning instrument\n\nThis section applies if, immediately before the commencement, a local planning instrument included the administrative term affordable housing stated in former schedule 4, column 1 (the term ).\nFrom the commencement—\ndespite section 8, the local planning instrument may continue to include—\nthe term; and\nthe definition of the term stated opposite the term in former schedule 4, column 2; and\nthe term is taken to mean housing mentioned in section 43C(1)(a).\nSubsection (2) stops applying if the local planning instrument is amended—\nto include the administrative term affordable housing component stated in new schedule 4, column 1 and the definition of the term stated opposite the term in new schedule 4, column 2; or\nto omit the administrative term affordable housing stated in former schedule 4, column 1.\nIn this section—\nformer , for a provision of this regulation, means the provision as in force immediately before the commencement.\nnew , for a provision of this regulation, means the provision as in force from the commencement.\ns 76 ins 2024 SL No. 123 s 19\n(sec.76-ssec.1) This section applies if, immediately before the commencement, a local planning instrument included the administrative term affordable housing stated in former schedule 4, column 1 (the term ).\n(sec.76-ssec.2) From the commencement— despite section 8, the local planning instrument may continue to include— the term; and the definition of the term stated opposite the term in former schedule 4, column 2; and the term is taken to mean housing mentioned in section 43C(1)(a).\n(sec.76-ssec.3) Subsection (2) stops applying if the local planning instrument is amended— to include the administrative term affordable housing component stated in new schedule 4, column 1 and the definition of the term stated opposite the term in new schedule 4, column 2; or to omit the administrative term affordable housing stated in former schedule 4, column 1.\n(sec.76-ssec.4) In this section— former , for a provision of this regulation, means the provision as in force immediately before the commencement. new , for a provision of this regulation, means the provision as in force from the commencement.\n- (a) despite section 8, the local planning instrument may continue to include— (i) the term; and (ii) the definition of the term stated opposite the term in former schedule 4, column 2; and\n- (i) the term; and\n- (ii) the definition of the term stated opposite the term in former schedule 4, column 2; and\n- (b) the term is taken to mean housing mentioned in section 43C(1)(a).\n- (i) the term; and\n- (ii) the definition of the term stated opposite the term in former schedule 4, column 2; and\n- (a) to include the administrative term affordable housing component stated in new schedule 4, column 1 and the definition of the term stated opposite the term in new schedule 4, column 2; or\n- (b) to omit the administrative term affordable housing stated in former schedule 4, column 1.","sortOrder":168},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Transitional provisions for Planning Amendment Regulation 2025","content":"## Transitional provisions for Planning Amendment Regulation 2025","sortOrder":169},{"sectionNumber":"sec.77","sectionType":"section","heading":"Definitions for division","content":"### sec.77 Definitions for division\n\nIn this division—\nbuild to rent housing use term means the use term build to rent housing stated in new schedule 3, column 1.\nformer , for a provision of this regulation, means the provision as in force immediately before the commencement.\nnew , for a provision of this regulation, means the provision as in force from the commencement.\ns 77 ins 2025 SL No. 149 s 10","sortOrder":170},{"sectionNumber":"sec.78","sectionType":"section","heading":"Reference to build to rent administrative term in local planning instrument","content":"### sec.78 Reference to build to rent administrative term in local planning instrument\n\nThis section applies if, immediately before the commencement, a local planning instrument included the build to rent administrative term.\nFrom the commencement, the local planning instrument may continue to include—\nthe build to rent administrative term; and\nthe definition of the term stated opposite the term in former schedule 4, column 2.\nSubsection (2) stops applying if the local planning instrument is amended—\nto include the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2; or\nto omit the build to rent administrative term.\nThis section applies despite section 8(2).\nIn this section—\nbuild to rent administrative term means the administrative term build to rent stated in former schedule 4, column 1.\ns 78 ins 2025 SL No. 149 s 10\n(sec.78-ssec.1) This section applies if, immediately before the commencement, a local planning instrument included the build to rent administrative term.\n(sec.78-ssec.2) From the commencement, the local planning instrument may continue to include— the build to rent administrative term; and the definition of the term stated opposite the term in former schedule 4, column 2.\n(sec.78-ssec.3) Subsection (2) stops applying if the local planning instrument is amended— to include the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2; or to omit the build to rent administrative term.\n(sec.78-ssec.4) This section applies despite section 8(2).\n(sec.78-ssec.5) In this section— build to rent administrative term means the administrative term build to rent stated in former schedule 4, column 1.\n- (a) the build to rent administrative term; and\n- (b) the definition of the term stated opposite the term in former schedule 4, column 2.\n- (a) to include the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2; or\n- (b) to omit the build to rent administrative term.","sortOrder":171},{"sectionNumber":"sec.79","sectionType":"section","heading":"Application of particular provisions","content":"### sec.79 Application of particular provisions\n\nUntil the prescribed day for a local government area—\nthe following provisions do not apply in relation to the local government area—\nnew schedule 2;\nthe build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2;\nnew schedule 24, definition build to rent housing ;\nnew schedule 24, definition multiple dwelling ; and\nformer schedule 2 and former schedule 24, definition multiple dwelling continue to apply in relation to the local government area; and\nthis regulation applies in relation to the local government area as if a reference in a provision of the regulation, other than a provision in this division or mentioned in paragraph (a), to build to rent housing were a reference to a multiple dwelling as defined in former schedule 24, definition multiple dwelling .\nIn this section—\nprescribed day , for a local government area, means the earlier of the following days—\nthe day a local planning instrument for the area is amended to include the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2;\nthe day a local planning instrument is made for the area that includes the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2;\nthe day the planning scheme for the area, in force immediately before the commencement, is replaced.\ns 79 ins 2025 SL No. 149 s 10\n(sec.79-ssec.1) Until the prescribed day for a local government area— the following provisions do not apply in relation to the local government area— new schedule 2; the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2; new schedule 24, definition build to rent housing ; new schedule 24, definition multiple dwelling ; and former schedule 2 and former schedule 24, definition multiple dwelling continue to apply in relation to the local government area; and this regulation applies in relation to the local government area as if a reference in a provision of the regulation, other than a provision in this division or mentioned in paragraph (a), to build to rent housing were a reference to a multiple dwelling as defined in former schedule 24, definition multiple dwelling .\n(sec.79-ssec.2) In this section— prescribed day , for a local government area, means the earlier of the following days— the day a local planning instrument for the area is amended to include the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2; the day a local planning instrument is made for the area that includes the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2; the day the planning scheme for the area, in force immediately before the commencement, is replaced.\n- (a) the following provisions do not apply in relation to the local government area— (i) new schedule 2; (ii) the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2; (iii) new schedule 24, definition build to rent housing ; (iv) new schedule 24, definition multiple dwelling ; and\n- (i) new schedule 2;\n- (ii) the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2;\n- (iii) new schedule 24, definition build to rent housing ;\n- (iv) new schedule 24, definition multiple dwelling ; and\n- (b) former schedule 2 and former schedule 24, definition multiple dwelling continue to apply in relation to the local government area; and\n- (c) this regulation applies in relation to the local government area as if a reference in a provision of the regulation, other than a provision in this division or mentioned in paragraph (a), to build to rent housing were a reference to a multiple dwelling as defined in former schedule 24, definition multiple dwelling .\n- (i) new schedule 2;\n- (ii) the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2;\n- (iii) new schedule 24, definition build to rent housing ;\n- (iv) new schedule 24, definition multiple dwelling ; and\n- (a) the day a local planning instrument for the area is amended to include the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2;\n- (b) the day a local planning instrument is made for the area that includes the build to rent housing use term and the definition of the term stated opposite the term in new schedule 3, column 2;\n- (c) the day the planning scheme for the area, in force immediately before the commencement, is replaced.","sortOrder":172},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Infrastructure for transport","content":"# Infrastructure for transport","sortOrder":173},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Other infrastructure","content":"# Other infrastructure","sortOrder":174},{"sectionNumber":"sch.5A-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":175},{"sectionNumber":"sch.5A-sec.1","sectionType":"section","heading":null,"content":"### Section sch.5A-sec.1\n\nsch 5A s 1 ins 2018 SL No. 146 s 4\nexp 1 November 2019 (see s 17B)","sortOrder":176},{"sectionNumber":"sch.5A-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":177},{"sectionNumber":"sch.5A-sec.2","sectionType":"section","heading":null,"content":"### Section sch.5A-sec.2\n\nsch 5A s 2 ins 2018 SL No. 146 s 4\namd 2018 SL No. 163 s 3 ; 2019 SL No. 155 s 218\nexp 1 November 2019 (see s 17B)","sortOrder":178},{"sectionNumber":"sch.5A-sec.3","sectionType":"section","heading":null,"content":"### Section sch.5A-sec.3\n\nsch 5A s 3 ins 2018 SL No. 146 s 4\namd 2018 SL No. 163 s 4 ; 2019 SL No. 155 s 218\nexp 1 November 2019 (see s 17B)","sortOrder":179},{"sectionNumber":"sch.5A-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":180},{"sectionNumber":"sch.5A-sec.4","sectionType":"section","heading":null,"content":"### Section sch.5A-sec.4\n\nsch 5A s 4 ins 2018 SL No. 146 s 4\namd 2018 SL No. 163 s 5 ; 2019 SL No. 155 s 218\nexp 1 November 2019 (see s 17B)","sortOrder":181},{"sectionNumber":"sch.5A-sec.5","sectionType":"section","heading":null,"content":"### Section sch.5A-sec.5\n\nsch 5A s 5 ins 2018 SL No. 146 s 4\namd 2018 SL No. 163 s 6\nexp 1 November 2019 (see s 17B)","sortOrder":182},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Building work","content":"# Building work","sortOrder":183},{"sectionNumber":"sch.6-sec.1","sectionType":"section","heading":"Building work for a wind farm","content":"### sch.6-sec.1 Building work for a wind farm\n\nBuilding work for a wind farm.","sortOrder":184},{"sectionNumber":"sch.6-sec.1A","sectionType":"section","heading":"Particular building work that increases gross floor area of an existing building","content":"### sch.6-sec.1A Particular building work that increases gross floor area of an existing building\n\nBuilding work, other than minor building work, that increases the gross floor area of an existing building on premises if—\nan economic support instrument applying this section is in effect for the local government area in which the premises are located; and\nthe building work is substantially started during the period the economic support instrument is in effect; and\nthe building work increases the gross floor area of the existing building by no more than the lesser of the following—\n100m 2 ;\n10% of the gross floor area of the existing building; and\nunder a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and\nthe building work is carried out in relation to the existing use of the premises; and\nthe existing use is stated in table 1, column 2 opposite the zone applying to the premises; and\nthe economic support instrument states that the existing use is identified for the zone applying to the premises; and\nthe building work does not involve operational works for vegetation clearing; and\nthe building work is not carried out on, or on premises adjoining, a Queensland heritage place or local heritage place; and\nthe building work complies with any assessment benchmarks in the local planning instrument about the distance a building or structure on the premises must be from a boundary that are stated in the economic support instrument; and\nthe building work does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and\nno other building work to increase the gross floor area of the existing building, other than building work carried out under a development approval given before the economic support instrument took effect, has been carried out during the period the economic support instrument is in effect.\nIn this section, a reference to a zone using a particular name is taken to be a reference to—\nthe zone of that name stated in schedule 2 ; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .\nTable 1\nColumn 1\nZone\nColumn 2\nExisting use\nNeighbourhood centre zone or local centre zone\nFood and drink outlet\nHealth care service\nOffice\nShop\nVeterinary service\nCentre zone, district centre zone, major centre zone or principal centre zone\nBar\nFood and drink outlet\nGarden centre\nHealth care service\nIndoor sport and recreation\nMarket\nOffice\nService industry\nShop\nVeterinary service\nMixed use zone\nBar\nFood and drink outlet\nGarden centre\nHealth care service\nHome-based business\nIndoor sport and recreation\nMarket\nOffice\nService industry\nShop\nVeterinary service\nIndustry zone, low impact industry zone or medium impact industry zone\nBulk landscape supplies\nCar wash\nHardware and trade supplies\nLow impact industry\nResearch and technology industry\nService industry\nTransport depot\nVeterinary service\nWarehouse\nResearch and technology industry zone\nLow impact industry\nResearch and technology industry\nRural zone\nAgricultural supplies store\nIntensive horticulture\nNature-based tourism\nRural industry\nWholesale nursery\nWinery\nTourism zone, major tourism zone or minor tourism zone\nNature-based tourism\nSales office\nShop\nTourist attraction\nTourist park\nTownship zone\nAgricultural supplies store\nBar\nGarden centre\nHardware and trade supplies\nRoadside stall\nTransport depot\nVeterinary service\nWholesale nursery\nWinery\nWaterfront and marine industry zone\nLow impact industry\nMarine industry\nWarehouse\nsch 6 s 1A ins 2020 SL No. 197 s 15\n(sch.6-sec.1A-ssec.1) Building work, other than minor building work, that increases the gross floor area of an existing building on premises if— an economic support instrument applying this section is in effect for the local government area in which the premises are located; and the building work is substantially started during the period the economic support instrument is in effect; and the building work increases the gross floor area of the existing building by no more than the lesser of the following— 100m 2 ; 10% of the gross floor area of the existing building; and under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and the building work is carried out in relation to the existing use of the premises; and the existing use is stated in table 1, column 2 opposite the zone applying to the premises; and the economic support instrument states that the existing use is identified for the zone applying to the premises; and the building work does not involve operational works for vegetation clearing; and the building work is not carried out on, or on premises adjoining, a Queensland heritage place or local heritage place; and the building work complies with any assessment benchmarks in the local planning instrument about the distance a building or structure on the premises must be from a boundary that are stated in the economic support instrument; and the building work does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and no other building work to increase the gross floor area of the existing building, other than building work carried out under a development approval given before the economic support instrument took effect, has been carried out during the period the economic support instrument is in effect.\n(sch.6-sec.1A-ssec.2) In this section, a reference to a zone using a particular name is taken to be a reference to— the zone of that name stated in schedule 2 ; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 . Table 1 Column 1 Zone Column 2 Existing use Neighbourhood centre zone or local centre zone Food and drink outlet Health care service Office Shop Veterinary service Centre zone, district centre zone, major centre zone or principal centre zone Bar Food and drink outlet Garden centre Health care service Indoor sport and recreation Market Office Service industry Shop Veterinary service Mixed use zone Bar Food and drink outlet Garden centre Health care service Home-based business Indoor sport and recreation Market Office Service industry Shop Veterinary service Industry zone, low impact industry zone or medium impact industry zone Bulk landscape supplies Car wash Hardware and trade supplies Low impact industry Research and technology industry Service industry Transport depot Veterinary service Warehouse Research and technology industry zone Low impact industry Research and technology industry Rural zone Agricultural supplies store Intensive horticulture Nature-based tourism Rural industry Wholesale nursery Winery Tourism zone, major tourism zone or minor tourism zone Nature-based tourism Sales office Shop Tourist attraction Tourist park Township zone Agricultural supplies store Bar Garden centre Hardware and trade supplies Roadside stall Transport depot Veterinary service Wholesale nursery Winery Waterfront and marine industry zone Low impact industry Marine industry Warehouse\n- (a) an economic support instrument applying this section is in effect for the local government area in which the premises are located; and\n- (b) the building work is substantially started during the period the economic support instrument is in effect; and\n- (c) the building work increases the gross floor area of the existing building by no more than the lesser of the following— (i) 100m 2 ; (ii) 10% of the gross floor area of the existing building; and\n- (i) 100m 2 ;\n- (ii) 10% of the gross floor area of the existing building; and\n- (d) under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and\n- (e) the building work is carried out in relation to the existing use of the premises; and\n- (f) the existing use is stated in table 1, column 2 opposite the zone applying to the premises; and\n- (g) the economic support instrument states that the existing use is identified for the zone applying to the premises; and\n- (h) the building work does not involve operational works for vegetation clearing; and\n- (i) the building work is not carried out on, or on premises adjoining, a Queensland heritage place or local heritage place; and\n- (j) the building work complies with any assessment benchmarks in the local planning instrument about the distance a building or structure on the premises must be from a boundary that are stated in the economic support instrument; and\n- (k) the building work does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and\n- (l) no other building work to increase the gross floor area of the existing building, other than building work carried out under a development approval given before the economic support instrument took effect, has been carried out during the period the economic support instrument is in effect.\n- (i) 100m 2 ;\n- (ii) 10% of the gross floor area of the existing building; and\n- (a) the zone of that name stated in schedule 2 ; or\n- (b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .","sortOrder":185},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Material change of use","content":"# Material change of use","sortOrder":186},{"sectionNumber":"sch.6-sec.2","sectionType":"section","heading":"Material change of use for particular buildings or structures","content":"### sch.6-sec.2 Material change of use for particular buildings or structures\n\nA material change of use of premises for a class 1 or 2 building, if the use is providing support services and temporary accommodation for persons escaping domestic violence.\nA material change of use of premises for a dwelling house, if—\nthe material change of use is for a residential purpose in a residential zone other than a medium density residential zone or high density residential zone; and\nthe material change of use does not involve a basement or an underground parking area; and\n1 of the following applies—\nno relevant overlay applies to the premises;\nonly an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2;\na relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\nA material change of use of premises for a dual occupancy, if—\nthe use is for a residential purpose in a residential zone; and\neither—\nthe material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or\nif the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises.\nIn this section—\na reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and\na reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\nsch 6 s 2 amd 2019 SL No. 104 s 12 ; 2022 SL No. 182 s 5 ; 2025 SL No. 149 s 14\n(4)–(5), (7), definition landscaping , note exp 2 December 2025 (see s 16(2)(b)–(d))\n(sch.6-sec.2-ssec.1) A material change of use of premises for a class 1 or 2 building, if the use is providing support services and temporary accommodation for persons escaping domestic violence.\n(sch.6-sec.2-ssec.2) A material change of use of premises for a dwelling house, if— the material change of use is for a residential purpose in a residential zone other than a medium density residential zone or high density residential zone; and the material change of use does not involve a basement or an underground parking area; and 1 of the following applies— no relevant overlay applies to the premises; only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2; a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n(sch.6-sec.2-ssec.3) A material change of use of premises for a dual occupancy, if— the use is for a residential purpose in a residential zone; and either— the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises.\n(sch.6-sec.2-ssec.4) In this section— a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\n- (a) the material change of use is for a residential purpose in a residential zone other than a medium density residential zone or high density residential zone; and\n- (b) the material change of use does not involve a basement or an underground parking area; and\n- (c) 1 of the following applies— (i) no relevant overlay applies to the premises; (ii) only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2; (iii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n- (i) no relevant overlay applies to the premises;\n- (ii) only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2;\n- (iii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n- (i) no relevant overlay applies to the premises;\n- (ii) only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2;\n- (iii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n- (a) the use is for a residential purpose in a residential zone; and\n- (b) either— (i) the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or (ii) if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises.\n- (i) the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or\n- (ii) if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises.\n- (i) the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or\n- (ii) if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises.\n- (a) a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and\n- (b) a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.","sortOrder":187},{"sectionNumber":"sch.6-sec.2A","sectionType":"section","heading":"Material change of use for rooming accommodation—development approval given before 3 December 2025","content":"### sch.6-sec.2A Material change of use for rooming accommodation—development approval given before 3 December 2025\n\nA material change of use of premises for rooming accommodation, if—\nthe accommodation is provided in a class 1 building; and\nthe material change of use involves the carrying out of building work other than minor building work; and\nthe building work—\nis carried out under a development permit given before 3 December 2025; or\nis consistent with a development approval in effect for the premises and given before 3 December 2025; and\nthe use starts within 2 years after the day the building work is completed; and\nthe premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and\nthe material change of use does not result in a new vehicular access to a State-controlled road; and\nthe premises—\nhave no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and\nare occupied by no more than 5 persons; and\neither—\nno relevant overlay applies to the premises; or\na relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\nthe material change of use does not involve a basement or an underground parking area; and\nthe premises are not on a local heritage register under the Queensland Heritage Act 1992 ; and\nthe material change of use provides landscaping between a building that is on the premises and the front boundary of the premises, excluding any driveway or pedestrian access.\nIn this section—\na reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and\na reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\nIn this section—\nlandscaping means any combination of trees, grass, plants, garden beds and paving.\nsch 6 s 2A ins 2025 SL No. 149 s 15\n(sch.6-sec.2A-ssec.1) A material change of use of premises for rooming accommodation, if— the accommodation is provided in a class 1 building; and the material change of use involves the carrying out of building work other than minor building work; and the building work— is carried out under a development permit given before 3 December 2025; or is consistent with a development approval in effect for the premises and given before 3 December 2025; and the use starts within 2 years after the day the building work is completed; and the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and the material change of use does not result in a new vehicular access to a State-controlled road; and the premises— have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and are occupied by no more than 5 persons; and either— no relevant overlay applies to the premises; or a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and the material change of use does not involve a basement or an underground parking area; and the premises are not on a local heritage register under the Queensland Heritage Act 1992 ; and the material change of use provides landscaping between a building that is on the premises and the front boundary of the premises, excluding any driveway or pedestrian access.\n(sch.6-sec.2A-ssec.2) In this section— a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\n(sch.6-sec.2A-ssec.3) In this section— landscaping means any combination of trees, grass, plants, garden beds and paving.\n- (a) the accommodation is provided in a class 1 building; and\n- (b) the material change of use involves the carrying out of building work other than minor building work; and\n- (c) the building work— (i) is carried out under a development permit given before 3 December 2025; or (ii) is consistent with a development approval in effect for the premises and given before 3 December 2025; and\n- (i) is carried out under a development permit given before 3 December 2025; or\n- (ii) is consistent with a development approval in effect for the premises and given before 3 December 2025; and\n- (d) the use starts within 2 years after the day the building work is completed; and\n- (e) the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and\n- (f) the material change of use does not result in a new vehicular access to a State-controlled road; and\n- (g) the premises— (i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and (ii) are occupied by no more than 5 persons; and\n- (i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and\n- (ii) are occupied by no more than 5 persons; and\n- (h) either— (i) no relevant overlay applies to the premises; or (ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\n- (i) no relevant overlay applies to the premises; or\n- (ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\n- (i) the material change of use does not involve a basement or an underground parking area; and\n- (j) the premises are not on a local heritage register under the Queensland Heritage Act 1992 ; and\n- (k) the material change of use provides landscaping between a building that is on the premises and the front boundary of the premises, excluding any driveway or pedestrian access.\n- (i) is carried out under a development permit given before 3 December 2025; or\n- (ii) is consistent with a development approval in effect for the premises and given before 3 December 2025; and\n- (i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and\n- (ii) are occupied by no more than 5 persons; and\n- (i) no relevant overlay applies to the premises; or\n- (ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\n- (a) a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and\n- (b) a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.","sortOrder":188},{"sectionNumber":"sch.6-sec.2B","sectionType":"section","heading":"Other material change of use for rooming accommodation","content":"### sch.6-sec.2B Other material change of use for rooming accommodation\n\nA material change of use of premises for rooming accommodation, if—\nthe accommodation is provided in a class 1 building; and\nthe material change of use—\ndoes not involve the carrying out of building work; or\ninvolves the carrying out of minor building work only; and\nthe premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and\nthe material change of use does not result in a new vehicular access to a State-controlled road; and\nthe premises—\nhave no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and\nare occupied by no more than 5 persons; and\neither—\nno overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises; or\nan overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\nA material change of use of premises for rooming accommodation, if—\nthe accommodation is provided in a class 1 building; and\nthe material change of use involves the carrying out of building work other than minor building work; and\nthe premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and\nthe material change of use does not result in a new vehicular access to a State-controlled road; and\nthe premises—\nhave no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and\nare occupied by no more than 5 persons; and\neither—\nno relevant overlay applies to the premises; or\na relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\nthe material change of use does not involve a basement or an underground parking area; and\nthe premises are not on a local heritage register under the Queensland Heritage Act 1992 ; and\nthe material change of use provides landscaping between a building that is on the premises and the front boundary of the premises, excluding any driveway or pedestrian access; and\nthe area of the landscaping mentioned in paragraph (i) is—\nfor premises with a frontage of less than 15m—at least 30m2; or\notherwise—at least 40m2.\nIn this section—\na reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and\na reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\nIn this section—\nlandscaping means any combination of trees, grass, plants and garden beds.\nSee also section 16 (2) .\nsch 6 s 2B ins 2025 SL No. 149 s 15\nexp 2 December 2026 (see s 16(2))\n(sch.6-sec.2B-ssec.1) A material change of use of premises for rooming accommodation, if— the accommodation is provided in a class 1 building; and the material change of use— does not involve the carrying out of building work; or involves the carrying out of minor building work only; and the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and the material change of use does not result in a new vehicular access to a State-controlled road; and the premises— have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and are occupied by no more than 5 persons; and either— no overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises; or an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n(sch.6-sec.2B-ssec.2) A material change of use of premises for rooming accommodation, if— the accommodation is provided in a class 1 building; and the material change of use involves the carrying out of building work other than minor building work; and the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and the material change of use does not result in a new vehicular access to a State-controlled road; and the premises— have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and are occupied by no more than 5 persons; and either— no relevant overlay applies to the premises; or a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and the material change of use does not involve a basement or an underground parking area; and the premises are not on a local heritage register under the Queensland Heritage Act 1992 ; and the material change of use provides landscaping between a building that is on the premises and the front boundary of the premises, excluding any driveway or pedestrian access; and the area of the landscaping mentioned in paragraph (i) is— for premises with a frontage of less than 15m—at least 30m2; or otherwise—at least 40m2.\n(sch.6-sec.2B-ssec.3) In this section— a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\n(sch.6-sec.2B-ssec.4) In this section— landscaping means any combination of trees, grass, plants and garden beds.\n- (a) the accommodation is provided in a class 1 building; and\n- (b) the material change of use— (i) does not involve the carrying out of building work; or (ii) involves the carrying out of minor building work only; and\n- (i) does not involve the carrying out of building work; or\n- (ii) involves the carrying out of minor building work only; and\n- (c) the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and\n- (d) the material change of use does not result in a new vehicular access to a State-controlled road; and\n- (e) the premises— (i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and (ii) are occupied by no more than 5 persons; and\n- (i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and\n- (ii) are occupied by no more than 5 persons; and\n- (f) either— (i) no overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises; or (ii) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n- (i) no overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises; or\n- (ii) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n- (i) does not involve the carrying out of building work; or\n- (ii) involves the carrying out of minor building work only; and\n- (i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and\n- (ii) are occupied by no more than 5 persons; and\n- (i) no overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises; or\n- (ii) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n- (a) the accommodation is provided in a class 1 building; and\n- (b) the material change of use involves the carrying out of building work other than minor building work; and\n- (c) the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and\n- (d) the material change of use does not result in a new vehicular access to a State-controlled road; and\n- (e) the premises— (i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and (ii) are occupied by no more than 5 persons; and\n- (i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and\n- (ii) are occupied by no more than 5 persons; and\n- (f) either— (i) no relevant overlay applies to the premises; or (ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\n- (i) no relevant overlay applies to the premises; or\n- (ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\n- (g) the material change of use does not involve a basement or an underground parking area; and\n- (h) the premises are not on a local heritage register under the Queensland Heritage Act 1992 ; and\n- (i) the material change of use provides landscaping between a building that is on the premises and the front boundary of the premises, excluding any driveway or pedestrian access; and\n- (j) the area of the landscaping mentioned in paragraph (i) is— (i) for premises with a frontage of less than 15m—at least 30m2; or (ii) otherwise—at least 40m2.\n- (i) for premises with a frontage of less than 15m—at least 30m2; or\n- (ii) otherwise—at least 40m2.\n- (i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and\n- (ii) are occupied by no more than 5 persons; and\n- (i) no relevant overlay applies to the premises; or\n- (ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\n- (i) for premises with a frontage of less than 15m—at least 30m2; or\n- (ii) otherwise—at least 40m2.\n- (a) a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and\n- (b) a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.","sortOrder":189},{"sectionNumber":"sch.6-sec.3","sectionType":"section","heading":"Material change of use for particular cropping","content":"### sch.6-sec.3 Material change of use for particular cropping\n\nA material change of use of premises for cropping that involves forestry for wood production, if—\nthe premises are in a rural zone; and\nthe material change of use complies with schedule 13 .\n- (a) the premises are in a rural zone; and\n- (b) the material change of use complies with schedule 13 .","sortOrder":190},{"sectionNumber":"sch.6-sec.4","sectionType":"section","heading":"Material change of use for emergency accommodation","content":"### sch.6-sec.4 Material change of use for emergency accommodation\n\nA material change of use of premises if—\nthe use is the provision of emergency accommodation, on a temporary basis, for persons affected by the impact of an event; and\nthe accommodation is provided by, or on behalf of, the State or a local government; and\nno part of the premises is in any of the following areas under a State planning instrument or local instrument—\na flood hazard area;\na bushfire hazard area;\na landslide hazard area.\nIn this section—\nevent see the Disaster Management Act 2003 , section 16 .\nsch 6 s 4 prev sch 6 s 4 om 2019 SL No. 196 s 4\npres sch 6 s 4 ins 2022 SL No. 147 s 4\n(sch.6-sec.4-ssec.1) A material change of use of premises if— the use is the provision of emergency accommodation, on a temporary basis, for persons affected by the impact of an event; and the accommodation is provided by, or on behalf of, the State or a local government; and no part of the premises is in any of the following areas under a State planning instrument or local instrument— a flood hazard area; a bushfire hazard area; a landslide hazard area.\n(sch.6-sec.4-ssec.2) In this section— event see the Disaster Management Act 2003 , section 16 .\n- (a) the use is the provision of emergency accommodation, on a temporary basis, for persons affected by the impact of an event; and\n- (b) the accommodation is provided by, or on behalf of, the State or a local government; and\n- (c) no part of the premises is in any of the following areas under a State planning instrument or local instrument— (i) a flood hazard area; (ii) a bushfire hazard area; (iii) a landslide hazard area.\n- (i) a flood hazard area;\n- (ii) a bushfire hazard area;\n- (iii) a landslide hazard area.\n- (i) a flood hazard area;\n- (ii) a bushfire hazard area;\n- (iii) a landslide hazard area.","sortOrder":191},{"sectionNumber":"sch.6-sec.5","sectionType":"section","heading":"Material change of use for off-road motorcycling facility","content":"### sch.6-sec.5 Material change of use for off-road motorcycling facility\n\nA material change of use of premises for an off-road motorcycling facility on off-road motorcycling facility land, if the material change of use complies with the following requirements—\nthe material change of use protects the environmental values of the premises;\nthe use does not result in contamination of, or interfere with water flows into, any surface water or groundwater;\nany camping facility on the premises—\nis designed to ensure the safe movement of pedestrians and vehicles; and\nis on a part of the premises that allows for the future expansion of the camping facility; and\nis managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and\nprovides adequate toilet, shower, water and wastewater facilities to service users of the camping facility;\nvegetation buffers with a width of at least 20m are established on the premises to provide a visual screen between riding trails, other than motocross tracks, and relevant neighbouring premises;\nvegetation buffers under paragraph (d) use only vegetation species that are endemic to the surrounding area;\noutdoor lighting on the premises does not adversely impact on the amenity of relevant neighbouring premises;\nbefore the use starts on the premises, the following documents are prepared—\nan acoustic assessment report;\na road and traffic assessment report;\nan erosion and sediment control plan;\nall circuits, tracks, trails and noise-generating activities on the premises are at a distance of at least the buffer distance, stated in the acoustic assessment report, from a relevant noise sensitive place;\nthe noise levels generated by the use during operating hours do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place, measured at a point on the noise sensitive place that is outdoors and closest, in a direct line, to the off-road motorcycling facility land;\nany measures identified in the road and traffic assessment report for addressing impacts on traffic are implemented;\non-site parking is provided in accordance with the road and traffic assessment report;\nservice vehicles can access the parts of the premises used for off-road motorcycling, camping or spectator facilities;\nthe premises provide access for emergency vehicles or helicopters;\nany measures identified in the erosion and sediment control plan for minimising erosion and sediment run-off impacts on the premises are implemented;\nan irrigation system and water supply is provided for motocross tracks on the premises to prevent dust being generated.\nIn this section—\nacoustic assessment report means a report—\nprepared by an appropriately qualified person; and\nstating measures, including buffer distances, for ensuring noise levels generated by the use do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place.\nerosion and sediment control plan means a plan—\nprepared by an appropriately qualified person; and\nstating measures to be implemented, including measures relating to the design and location of buildings and structures, to minimise erosion and sediment run-off impacts of the use.\nrelevant neighbouring premises means premises that—\nshare a common boundary with off-road motorcycling facility land; and\neither—\ncontain a dwelling built before 15 October 2010; or\nare the subject of an effective development approval for development relating to a dwelling given before 15 October 2010.\nrelevant noise sensitive place means a noise sensitive place that—\nwas built before 15 October 2010; or\nis the subject of an effective development approval given before 15 October 2010.\nroad and traffic assessment report means a report—\nprepared by a person registered as a registered professional engineer under the Professional Engineers Act 2002 ; and\nstating details of—\nthe impact of the use on traffic and measures for addressing the impacts; and\nproposed on-site vehicle parking and vehicular access to and from the premises.\n(sch.6-sec.5-ssec.1) A material change of use of premises for an off-road motorcycling facility on off-road motorcycling facility land, if the material change of use complies with the following requirements— the material change of use protects the environmental values of the premises; the use does not result in contamination of, or interfere with water flows into, any surface water or groundwater; any camping facility on the premises— is designed to ensure the safe movement of pedestrians and vehicles; and is on a part of the premises that allows for the future expansion of the camping facility; and is managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and provides adequate toilet, shower, water and wastewater facilities to service users of the camping facility; vegetation buffers with a width of at least 20m are established on the premises to provide a visual screen between riding trails, other than motocross tracks, and relevant neighbouring premises; vegetation buffers under paragraph (d) use only vegetation species that are endemic to the surrounding area; outdoor lighting on the premises does not adversely impact on the amenity of relevant neighbouring premises; before the use starts on the premises, the following documents are prepared— an acoustic assessment report; a road and traffic assessment report; an erosion and sediment control plan; all circuits, tracks, trails and noise-generating activities on the premises are at a distance of at least the buffer distance, stated in the acoustic assessment report, from a relevant noise sensitive place; the noise levels generated by the use during operating hours do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place, measured at a point on the noise sensitive place that is outdoors and closest, in a direct line, to the off-road motorcycling facility land; any measures identified in the road and traffic assessment report for addressing impacts on traffic are implemented; on-site parking is provided in accordance with the road and traffic assessment report; service vehicles can access the parts of the premises used for off-road motorcycling, camping or spectator facilities; the premises provide access for emergency vehicles or helicopters; any measures identified in the erosion and sediment control plan for minimising erosion and sediment run-off impacts on the premises are implemented; an irrigation system and water supply is provided for motocross tracks on the premises to prevent dust being generated.\n(sch.6-sec.5-ssec.2) In this section— acoustic assessment report means a report— prepared by an appropriately qualified person; and stating measures, including buffer distances, for ensuring noise levels generated by the use do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place. erosion and sediment control plan means a plan— prepared by an appropriately qualified person; and stating measures to be implemented, including measures relating to the design and location of buildings and structures, to minimise erosion and sediment run-off impacts of the use. relevant neighbouring premises means premises that— share a common boundary with off-road motorcycling facility land; and either— contain a dwelling built before 15 October 2010; or are the subject of an effective development approval for development relating to a dwelling given before 15 October 2010. relevant noise sensitive place means a noise sensitive place that— was built before 15 October 2010; or is the subject of an effective development approval given before 15 October 2010. road and traffic assessment report means a report— prepared by a person registered as a registered professional engineer under the Professional Engineers Act 2002 ; and stating details of— the impact of the use on traffic and measures for addressing the impacts; and proposed on-site vehicle parking and vehicular access to and from the premises.\n- (a) the material change of use protects the environmental values of the premises;\n- (b) the use does not result in contamination of, or interfere with water flows into, any surface water or groundwater;\n- (c) any camping facility on the premises— (i) is designed to ensure the safe movement of pedestrians and vehicles; and (ii) is on a part of the premises that allows for the future expansion of the camping facility; and (iii) is managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and (iv) provides adequate toilet, shower, water and wastewater facilities to service users of the camping facility;\n- (i) is designed to ensure the safe movement of pedestrians and vehicles; and\n- (ii) is on a part of the premises that allows for the future expansion of the camping facility; and\n- (iii) is managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and\n- (iv) provides adequate toilet, shower, water and wastewater facilities to service users of the camping facility;\n- (d) vegetation buffers with a width of at least 20m are established on the premises to provide a visual screen between riding trails, other than motocross tracks, and relevant neighbouring premises;\n- (e) vegetation buffers under paragraph (d) use only vegetation species that are endemic to the surrounding area;\n- (f) outdoor lighting on the premises does not adversely impact on the amenity of relevant neighbouring premises;\n- (g) before the use starts on the premises, the following documents are prepared— (i) an acoustic assessment report; (ii) a road and traffic assessment report; (iii) an erosion and sediment control plan;\n- (i) an acoustic assessment report;\n- (ii) a road and traffic assessment report;\n- (iii) an erosion and sediment control plan;\n- (h) all circuits, tracks, trails and noise-generating activities on the premises are at a distance of at least the buffer distance, stated in the acoustic assessment report, from a relevant noise sensitive place;\n- (i) the noise levels generated by the use during operating hours do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place, measured at a point on the noise sensitive place that is outdoors and closest, in a direct line, to the off-road motorcycling facility land;\n- (j) any measures identified in the road and traffic assessment report for addressing impacts on traffic are implemented;\n- (k) on-site parking is provided in accordance with the road and traffic assessment report;\n- (l) service vehicles can access the parts of the premises used for off-road motorcycling, camping or spectator facilities;\n- (m) the premises provide access for emergency vehicles or helicopters;\n- (n) any measures identified in the erosion and sediment control plan for minimising erosion and sediment run-off impacts on the premises are implemented;\n- (o) an irrigation system and water supply is provided for motocross tracks on the premises to prevent dust being generated.\n- (i) is designed to ensure the safe movement of pedestrians and vehicles; and\n- (ii) is on a part of the premises that allows for the future expansion of the camping facility; and\n- (iii) is managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and\n- (iv) provides adequate toilet, shower, water and wastewater facilities to service users of the camping facility;\n- (i) an acoustic assessment report;\n- (ii) a road and traffic assessment report;\n- (iii) an erosion and sediment control plan;\n- (a) prepared by an appropriately qualified person; and\n- (b) stating measures, including buffer distances, for ensuring noise levels generated by the use do not exceed 45dBA ( L Aeq ) at a relevant noise sensitive place.\n- (a) prepared by an appropriately qualified person; and\n- (b) stating measures to be implemented, including measures relating to the design and location of buildings and structures, to minimise erosion and sediment run-off impacts of the use.\n- (a) share a common boundary with off-road motorcycling facility land; and\n- (b) either— (i) contain a dwelling built before 15 October 2010; or (ii) are the subject of an effective development approval for development relating to a dwelling given before 15 October 2010.\n- (i) contain a dwelling built before 15 October 2010; or\n- (ii) are the subject of an effective development approval for development relating to a dwelling given before 15 October 2010.\n- (i) contain a dwelling built before 15 October 2010; or\n- (ii) are the subject of an effective development approval for development relating to a dwelling given before 15 October 2010.\n- (a) was built before 15 October 2010; or\n- (b) is the subject of an effective development approval given before 15 October 2010.\n- (a) prepared by a person registered as a registered professional engineer under the Professional Engineers Act 2002 ; and\n- (b) stating details of— (i) the impact of the use on traffic and measures for addressing the impacts; and (ii) proposed on-site vehicle parking and vehicular access to and from the premises.\n- (i) the impact of the use on traffic and measures for addressing the impacts; and\n- (ii) proposed on-site vehicle parking and vehicular access to and from the premises.\n- (i) the impact of the use on traffic and measures for addressing the impacts; and\n- (ii) proposed on-site vehicle parking and vehicular access to and from the premises.","sortOrder":192},{"sectionNumber":"sch.6-sec.6","sectionType":"section","heading":"Material change of use for community residence—development approval given before 29 November 2025","content":"### sch.6-sec.6 Material change of use for community residence—development approval given before 29 November 2025\n\nA material change of use of premises for a community residence, if—\nthe material change of use involves the carrying out of building work; and\nthe building work—\nis carried out under a development permit given before 29 November 2025; or\nis consistent with a development approval in effect for the premises and given before 29 November 2025; and\nthe use starts within 2 years after the day the building work is completed; and\nthe premises are included in a prescribed zone under a local categorising instrument; and\nno more than 7 support workers attend the residence in a 24-hour period; and\nat least 2 car parks are provided on the premises for use by residents and visitors; and\nat least 1 of the car parks stated in paragraph (f) is suitable for persons with disabilities; and\nat least 1 car park is provided on the premises for use by support workers.\nIn this section—\nprescribed zone means—\nany of the following zones stated in schedule 2 —\ngeneral residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;\ncentre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;\ncommunity facilities zone;\nenvironmental management and conservation zone;\nrural zone;\nrural residential zone; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\nsch 6 s 6 amd 2017 SL No. 222 s 3 (1) – (2) ; 2025 SL No. 149 s 16\n(sch.6-sec.6-ssec.1) A material change of use of premises for a community residence, if— the material change of use involves the carrying out of building work; and the building work— is carried out under a development permit given before 29 November 2025; or is consistent with a development approval in effect for the premises and given before 29 November 2025; and the use starts within 2 years after the day the building work is completed; and the premises are included in a prescribed zone under a local categorising instrument; and no more than 7 support workers attend the residence in a 24-hour period; and at least 2 car parks are provided on the premises for use by residents and visitors; and at least 1 of the car parks stated in paragraph (f) is suitable for persons with disabilities; and at least 1 car park is provided on the premises for use by support workers.\n(sch.6-sec.6-ssec.2) In this section— prescribed zone means— any of the following zones stated in schedule 2 — general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone; centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone; community facilities zone; environmental management and conservation zone; rural zone; rural residential zone; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\n- (a) the material change of use involves the carrying out of building work; and\n- (b) the building work— (i) is carried out under a development permit given before 29 November 2025; or (ii) is consistent with a development approval in effect for the premises and given before 29 November 2025; and\n- (i) is carried out under a development permit given before 29 November 2025; or\n- (ii) is consistent with a development approval in effect for the premises and given before 29 November 2025; and\n- (c) the use starts within 2 years after the day the building work is completed; and\n- (d) the premises are included in a prescribed zone under a local categorising instrument; and\n- (e) no more than 7 support workers attend the residence in a 24-hour period; and\n- (f) at least 2 car parks are provided on the premises for use by residents and visitors; and\n- (g) at least 1 of the car parks stated in paragraph (f) is suitable for persons with disabilities; and\n- (h) at least 1 car park is provided on the premises for use by support workers.\n- (i) is carried out under a development permit given before 29 November 2025; or\n- (ii) is consistent with a development approval in effect for the premises and given before 29 November 2025; and\n- (a) any of the following zones stated in schedule 2 — (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone; (ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone; (iii) community facilities zone; (iv) environmental management and conservation zone; (v) rural zone; (vi) rural residential zone; or\n- (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;\n- (ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;\n- (iii) community facilities zone;\n- (iv) environmental management and conservation zone;\n- (v) rural zone;\n- (vi) rural residential zone; or\n- (b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\n- (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;\n- (ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;\n- (iii) community facilities zone;\n- (iv) environmental management and conservation zone;\n- (v) rural zone;\n- (vi) rural residential zone; or","sortOrder":193},{"sectionNumber":"sch.6-sec.6A","sectionType":"section","heading":"Other material change of use for community residence","content":"### sch.6-sec.6A Other material change of use for community residence\n\nA material change of use of premises for a community residence, if—\nthe premises are included in a prescribed zone under a local categorising instrument; and\nthe premises have no more than 7 bedrooms, including any bedroom used by a support worker; and\neither—\nno relevant overlay applies to the premises; or\na relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\neach building on the premises has a building height of not more than 2 storeys; and\nno more than 7 support workers attend the residence in a 24-hour period; and\nat least 2 car parks are provided on the premises for use by residents and visitors; and\nat least 1 of the car parks stated in paragraph (f) is suitable for persons with disabilities; and\nat least 1 car park is provided on the premises for use by support workers; and\nfor a community residence that is a class 2 or 3 building—\nthe site cover of the development is not more than 70% of the site; and\nthe building has a setback of at least—\n6m from the front boundary of the premises; and\n4m from the rear boundary of the premises; and\n1.5m from each side boundary of the premises.\nIn this section, a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\nIn this section—\nbuilding height , of a building, means the number of storeys in the building above ground level.\noutermost projection , of a building, means the outermost part of the building, other than a part that is—\na retractable blind; or\na fixed screen; or\na rainwater fitting; or\nan ornamental attachment.\nprescribed zone means—\nany of the following zones stated in schedule 2 —\ngeneral residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;\ncentre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;\ncommunity facilities zone; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\nsetback , for a building, means the shortest distance, measured horizontally, between the outermost projection of the building to the vertical projection of the boundary of the lot where the building is.\nsite , of development, means the land that the development is to be carried out on.\nIf the development is to be carried out on part of a lot, the site of development is that part of the lot.\nIf development is to be carried out on part of 1 lot and part of an adjoining lot, the site of the development is both of those parts.\nsite cover , of development, means the portion of the site, expressed as a percentage, that will be covered by a building, measured to its outermost projection, after the development is carried out, other than a building, or part of a building, that is—\nin a landscaped or open space area, including, for example, a gazebo or shade structure; or\na basement that is completely below ground level and used for car parking; or\nthe eaves of a building; or\na sun shade.\nsch 6 s 6A prev sch 6 s 6A ins 2017 SL No. 222 s 3 (3)\nom 2019 SL No. 104 s 13\npres sch 6 s 6A ins 2025 SL No. 149 s 17\n(sch.6-sec.6A-ssec.1) A material change of use of premises for a community residence, if— the premises are included in a prescribed zone under a local categorising instrument; and the premises have no more than 7 bedrooms, including any bedroom used by a support worker; and either— no relevant overlay applies to the premises; or a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and each building on the premises has a building height of not more than 2 storeys; and no more than 7 support workers attend the residence in a 24-hour period; and at least 2 car parks are provided on the premises for use by residents and visitors; and at least 1 of the car parks stated in paragraph (f) is suitable for persons with disabilities; and at least 1 car park is provided on the premises for use by support workers; and for a community residence that is a class 2 or 3 building— the site cover of the development is not more than 70% of the site; and the building has a setback of at least— 6m from the front boundary of the premises; and 4m from the rear boundary of the premises; and 1.5m from each side boundary of the premises.\n(sch.6-sec.6A-ssec.2) In this section, a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\n(sch.6-sec.6A-ssec.3) In this section— building height , of a building, means the number of storeys in the building above ground level. outermost projection , of a building, means the outermost part of the building, other than a part that is— a retractable blind; or a fixed screen; or a rainwater fitting; or an ornamental attachment. prescribed zone means— any of the following zones stated in schedule 2 — general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone; centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone; community facilities zone; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) . setback , for a building, means the shortest distance, measured horizontally, between the outermost projection of the building to the vertical projection of the boundary of the lot where the building is. site , of development, means the land that the development is to be carried out on. If the development is to be carried out on part of a lot, the site of development is that part of the lot. If development is to be carried out on part of 1 lot and part of an adjoining lot, the site of the development is both of those parts. site cover , of development, means the portion of the site, expressed as a percentage, that will be covered by a building, measured to its outermost projection, after the development is carried out, other than a building, or part of a building, that is— in a landscaped or open space area, including, for example, a gazebo or shade structure; or a basement that is completely below ground level and used for car parking; or the eaves of a building; or a sun shade.\n- (a) the premises are included in a prescribed zone under a local categorising instrument; and\n- (b) the premises have no more than 7 bedrooms, including any bedroom used by a support worker; and\n- (c) either— (i) no relevant overlay applies to the premises; or (ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\n- (i) no relevant overlay applies to the premises; or\n- (ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\n- (d) each building on the premises has a building height of not more than 2 storeys; and\n- (e) no more than 7 support workers attend the residence in a 24-hour period; and\n- (f) at least 2 car parks are provided on the premises for use by residents and visitors; and\n- (g) at least 1 of the car parks stated in paragraph (f) is suitable for persons with disabilities; and\n- (h) at least 1 car park is provided on the premises for use by support workers; and\n- (i) for a community residence that is a class 2 or 3 building— (i) the site cover of the development is not more than 70% of the site; and (ii) the building has a setback of at least— (A) 6m from the front boundary of the premises; and (B) 4m from the rear boundary of the premises; and (C) 1.5m from each side boundary of the premises.\n- (i) the site cover of the development is not more than 70% of the site; and\n- (ii) the building has a setback of at least— (A) 6m from the front boundary of the premises; and (B) 4m from the rear boundary of the premises; and (C) 1.5m from each side boundary of the premises.\n- (A) 6m from the front boundary of the premises; and\n- (B) 4m from the rear boundary of the premises; and\n- (C) 1.5m from each side boundary of the premises.\n- (i) no relevant overlay applies to the premises; or\n- (ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and\n- (i) the site cover of the development is not more than 70% of the site; and\n- (ii) the building has a setback of at least— (A) 6m from the front boundary of the premises; and (B) 4m from the rear boundary of the premises; and (C) 1.5m from each side boundary of the premises.\n- (A) 6m from the front boundary of the premises; and\n- (B) 4m from the rear boundary of the premises; and\n- (C) 1.5m from each side boundary of the premises.\n- (A) 6m from the front boundary of the premises; and\n- (B) 4m from the rear boundary of the premises; and\n- (C) 1.5m from each side boundary of the premises.\n- (a) a retractable blind; or\n- (b) a fixed screen; or\n- (c) a rainwater fitting; or\n- (d) an ornamental attachment.\n- (a) any of the following zones stated in schedule 2 — (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone; (ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone; (iii) community facilities zone; or\n- (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;\n- (ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;\n- (iii) community facilities zone; or\n- (b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\n- (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;\n- (ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;\n- (iii) community facilities zone; or\n- 1 If the development is to be carried out on part of a lot, the site of development is that part of the lot.\n- 2 If development is to be carried out on part of 1 lot and part of an adjoining lot, the site of the development is both of those parts.\n- (a) in a landscaped or open space area, including, for example, a gazebo or shade structure; or\n- (b) a basement that is completely below ground level and used for car parking; or\n- (c) the eaves of a building; or\n- (d) a sun shade.","sortOrder":194},{"sectionNumber":"sch.6-sec.7","sectionType":"section","heading":"Material change of use for wind farm","content":"### sch.6-sec.7 Material change of use for wind farm\n\nA material change of use for a wind farm.","sortOrder":195},{"sectionNumber":"sch.6-sec.7AA","sectionType":"section","heading":"Material change of use for particular home-based business","content":"### sch.6-sec.7AA Material change of use for particular home-based business\n\nA material change of use of premises for a home-based business if—\nno more than 1 person works on the premises in the home-based business at a time; and\nno more than 1 visitor attends the home-based business on the premises at a time; and\nthe material change of use complies with any accepted development criteria for the material change of use.\nFor subsection (1) , the accepted development criteria for the material change of use are—\nthe criteria stated in a local planning instrument applying to the premises that the material change of use must comply with in order to be categorised as accepted development under the instrument; or\nif the local planning instrument does not state criteria mentioned in paragraph (a) —the assessment benchmarks—\nstated in a local government’s categorising instrument applying to the premises; and\ndescribed in the instrument as acceptable outcomes for the material change of use.\nsch 6 s 7AA ins 2024 SL No. 136 s 12\n(sch.6-sec.7AA-ssec.1) A material change of use of premises for a home-based business if— no more than 1 person works on the premises in the home-based business at a time; and no more than 1 visitor attends the home-based business on the premises at a time; and the material change of use complies with any accepted development criteria for the material change of use.\n(sch.6-sec.7AA-ssec.2) For subsection (1) , the accepted development criteria for the material change of use are— the criteria stated in a local planning instrument applying to the premises that the material change of use must comply with in order to be categorised as accepted development under the instrument; or if the local planning instrument does not state criteria mentioned in paragraph (a) —the assessment benchmarks— stated in a local government’s categorising instrument applying to the premises; and described in the instrument as acceptable outcomes for the material change of use.\n- (a) no more than 1 person works on the premises in the home-based business at a time; and\n- (b) no more than 1 visitor attends the home-based business on the premises at a time; and\n- (c) the material change of use complies with any accepted development criteria for the material change of use.\n- (a) the criteria stated in a local planning instrument applying to the premises that the material change of use must comply with in order to be categorised as accepted development under the instrument; or\n- (b) if the local planning instrument does not state criteria mentioned in paragraph (a) —the assessment benchmarks— (i) stated in a local government’s categorising instrument applying to the premises; and (ii) described in the instrument as acceptable outcomes for the material change of use.\n- (i) stated in a local government’s categorising instrument applying to the premises; and\n- (ii) described in the instrument as acceptable outcomes for the material change of use.\n- (i) stated in a local government’s categorising instrument applying to the premises; and\n- (ii) described in the instrument as acceptable outcomes for the material change of use.","sortOrder":196},{"sectionNumber":"sch.6-sec.7A","sectionType":"section","heading":"Particular material change of use involving an existing building","content":"### sch.6-sec.7A Particular material change of use involving an existing building\n\nA material change of use of premises if—\nan economic support instrument applying this section is in effect for the local government area in which the premises are located; and\nthe material change of use is carried out during the period the economic support instrument is in effect; and\nunder a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and\nthe proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and\nthe economic support instrument states that the proposed use is identified for the zone applying to the premises; and\nthe material change of use does not involve the use of a building other than an existing building; and\nthe material change of use—\ndoes not involve the carrying out of building work; or\ninvolves the carrying out of minor building work only; and\nthe material change of use does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and\nfor a proposed use other than a declared use for the premises, the proposed use complies with the following—\nif the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop;\nif subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument;\nif the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument.\nIn this section, a reference to a zone using a particular name is taken to be a reference to—\nthe zone of that name stated in schedule 2 ; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .\nIn this section—\ndeclared use , for premises, means a use, or use of a class, declared for an applicable event under a declaration under section 275O of the Act that is in effect for the area in which the premises are located.\nTable 1\nColumn 1\nZone\nColumn 2\nProposed use\nNeighbourhood centre zone or local centre zone\nFood and drink outlet\nHealth care service\nOffice\nShop\nVeterinary service\nCentre zone, district centre zone, major centre zone or principal centre zone\nBar\nFood and drink outlet\nGarden centre\nHealth care service\nIndoor sport and recreation\nMarket\nOffice\nService industry\nShop\nVeterinary service\nMixed use zone\nBar\nFood and drink outlet\nGarden centre\nHealth care service\nHome-based business\nIndoor sport and recreation\nMarket\nOffice\nShop\nShowroom\nVeterinary service\nIndustry zone, low impact industry zone or medium impact industry zone\nBulk landscape supplies\nCar wash\nHardware and trade supplies\nLow impact industry\nResearch and technology industry\nService industry\nTransport depot\nVeterinary service\nWarehouse\nResearch and technology industry zone\nLow impact industry\nResearch and technology industry\nRural zone\nAgricultural supplies store\nRural industry\nWholesale nursery\nWinery\nTourism zone, major tourism zone or minor tourism zone\nNature-based tourism\nSales office\nShop\nTourist attraction\nTownship zone\nGarden centre\nHardware and trade supplies\nRoadside stall\nVeterinary service\nWholesale nursery\nWinery\nWaterfront and marine industry zone\nLow impact industry\nMarine industry\nWarehouse\nsch 6 s 7A ins 2020 SL No. 197 s 16\n(sch.6-sec.7A-ssec.1) A material change of use of premises if— an economic support instrument applying this section is in effect for the local government area in which the premises are located; and the material change of use is carried out during the period the economic support instrument is in effect; and under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and the economic support instrument states that the proposed use is identified for the zone applying to the premises; and the material change of use does not involve the use of a building other than an existing building; and the material change of use— does not involve the carrying out of building work; or involves the carrying out of minor building work only; and the material change of use does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and for a proposed use other than a declared use for the premises, the proposed use complies with the following— if the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop; if subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument; if the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument.\n(sch.6-sec.7A-ssec.2) In this section, a reference to a zone using a particular name is taken to be a reference to— the zone of that name stated in schedule 2 ; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .\n(sch.6-sec.7A-ssec.3) In this section— declared use , for premises, means a use, or use of a class, declared for an applicable event under a declaration under section 275O of the Act that is in effect for the area in which the premises are located. Table 1 Column 1 Zone Column 2 Proposed use Neighbourhood centre zone or local centre zone Food and drink outlet Health care service Office Shop Veterinary service Centre zone, district centre zone, major centre zone or principal centre zone Bar Food and drink outlet Garden centre Health care service Indoor sport and recreation Market Office Service industry Shop Veterinary service Mixed use zone Bar Food and drink outlet Garden centre Health care service Home-based business Indoor sport and recreation Market Office Shop Showroom Veterinary service Industry zone, low impact industry zone or medium impact industry zone Bulk landscape supplies Car wash Hardware and trade supplies Low impact industry Research and technology industry Service industry Transport depot Veterinary service Warehouse Research and technology industry zone Low impact industry Research and technology industry Rural zone Agricultural supplies store Rural industry Wholesale nursery Winery Tourism zone, major tourism zone or minor tourism zone Nature-based tourism Sales office Shop Tourist attraction Township zone Garden centre Hardware and trade supplies Roadside stall Veterinary service Wholesale nursery Winery Waterfront and marine industry zone Low impact industry Marine industry Warehouse\n- (a) an economic support instrument applying this section is in effect for the local government area in which the premises are located; and\n- (b) the material change of use is carried out during the period the economic support instrument is in effect; and\n- (c) under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and\n- (d) the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and\n- (e) the economic support instrument states that the proposed use is identified for the zone applying to the premises; and\n- (f) the material change of use does not involve the use of a building other than an existing building; and\n- (g) the material change of use— (i) does not involve the carrying out of building work; or (ii) involves the carrying out of minor building work only; and\n- (i) does not involve the carrying out of building work; or\n- (ii) involves the carrying out of minor building work only; and\n- (h) the material change of use does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and\n- (i) for a proposed use other than a declared use for the premises, the proposed use complies with the following— (i) if the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop; (ii) if subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument; (iii) if the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument.\n- (i) if the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop;\n- (ii) if subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument;\n- (iii) if the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument.\n- (i) does not involve the carrying out of building work; or\n- (ii) involves the carrying out of minor building work only; and\n- (i) if the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop;\n- (ii) if subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument;\n- (iii) if the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument.\n- (a) the zone of that name stated in schedule 2 ; or\n- (b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .","sortOrder":197},{"sectionNumber":"sch.6-sec.7B","sectionType":"section","heading":"Material change of use for home-based business in particular zones","content":"### sch.6-sec.7B Material change of use for home-based business in particular zones\n\nA material change of use of premises if—\nan economic support instrument applying this section is in effect for the local government area in which the premises are located; and\nthe material change of use is carried out during the period the economic support instrument is in effect; and\nunder a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and\nthe proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and\nthe economic support instrument states that the proposed use is identified for the zone applying to the premises; and\nthe material change of use does not involve an industry activity; and\nthe proposed use complies with the acoustic quality objectives under the Environmental Protection (Noise) Policy 2019 during operating hours for the use.\nIn this section, a reference to a zone using a particular name is taken to be a reference to—\nthe zone of that name stated in schedule 2 ; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .\nTable 1\nColumn 1\nZone\nColumn 2\nProposed use\nGeneral residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone\nHome-based business\nTownship zone\nHome-based business\nsch 6 s 7B ins 2020 SL No. 197 s 16\n(sch.6-sec.7B-ssec.1) A material change of use of premises if— an economic support instrument applying this section is in effect for the local government area in which the premises are located; and the material change of use is carried out during the period the economic support instrument is in effect; and under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and the economic support instrument states that the proposed use is identified for the zone applying to the premises; and the material change of use does not involve an industry activity; and the proposed use complies with the acoustic quality objectives under the Environmental Protection (Noise) Policy 2019 during operating hours for the use.\n(sch.6-sec.7B-ssec.2) In this section, a reference to a zone using a particular name is taken to be a reference to— the zone of that name stated in schedule 2 ; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 . Table 1 Column 1 Zone Column 2 Proposed use General residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone Home-based business Township zone Home-based business sch 6 s 7B ins 2020 SL No. 197 s 16\n- (a) an economic support instrument applying this section is in effect for the local government area in which the premises are located; and\n- (b) the material change of use is carried out during the period the economic support instrument is in effect; and\n- (c) under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and\n- (d) the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and\n- (e) the economic support instrument states that the proposed use is identified for the zone applying to the premises; and\n- (f) the material change of use does not involve an industry activity; and\n- (g) the proposed use complies with the acoustic quality objectives under the Environmental Protection (Noise) Policy 2019 during operating hours for the use.\n- (a) the zone of that name stated in schedule 2 ; or\n- (b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .","sortOrder":198},{"sectionNumber":"sch.6-sec.7C","sectionType":"section","heading":"Material change of use for rural workers’ accommodation","content":"### sch.6-sec.7C Material change of use for rural workers’ accommodation\n\nA material change of use of premises for rural workers’ accommodation, if—\nthe premises are in a rural zone; and\nthe area of the premises is at least 25ha; and\nthe material change of use does not result in the accommodation, or a driveway or footpath to the accommodation, being located in any of the following areas under a State planning instrument or local instrument—\na flood hazard area;\na bushfire hazard area;\na landslide hazard area; and\nthe material change of use does not result in accommodation with a total capacity to accommodate more than 20 employees of a rural use across the following premises—\nthe premises on which the material change of use is carried out;\nthe premises on which the rural use is carried out;\nadjoining premises to premises mentioned in subparagraph (i) or (ii) if the premises are owned by the same person; and\nthe material change of use does not involve a new vehicular access to a road or changes to an existing vehicular access to a road.\nSee also section 16 (3) .\nsch 6 s 7C prev sch 6 s 7C ins 2021 SL No. 50 s 4\namd 2021 SL No. 140 s 259\nexp 30 April 2022 (see sch 6 s 7C(2))\npres sch 6 s 7C ins 2022 SL No. 195 s 8 (1)\namd 2025 SL No. 149 s 18\nexp 16 December 2027 (see s 16(3))\n- (a) the premises are in a rural zone; and\n- (b) the area of the premises is at least 25ha; and\n- (c) the material change of use does not result in the accommodation, or a driveway or footpath to the accommodation, being located in any of the following areas under a State planning instrument or local instrument— (i) a flood hazard area; (ii) a bushfire hazard area; (iii) a landslide hazard area; and\n- (i) a flood hazard area;\n- (ii) a bushfire hazard area;\n- (iii) a landslide hazard area; and\n- (d) the material change of use does not result in accommodation with a total capacity to accommodate more than 20 employees of a rural use across the following premises— (i) the premises on which the material change of use is carried out; (ii) the premises on which the rural use is carried out; (iii) adjoining premises to premises mentioned in subparagraph (i) or (ii) if the premises are owned by the same person; and\n- (i) the premises on which the material change of use is carried out;\n- (ii) the premises on which the rural use is carried out;\n- (iii) adjoining premises to premises mentioned in subparagraph (i) or (ii) if the premises are owned by the same person; and\n- (e) the material change of use does not involve a new vehicular access to a road or changes to an existing vehicular access to a road.\n- (i) a flood hazard area;\n- (ii) a bushfire hazard area;\n- (iii) a landslide hazard area; and\n- (i) the premises on which the material change of use is carried out;\n- (ii) the premises on which the rural use is carried out;\n- (iii) adjoining premises to premises mentioned in subparagraph (i) or (ii) if the premises are owned by the same person; and","sortOrder":199},{"sectionNumber":"sch.6-sec.7D","sectionType":"section","heading":"Material change of use for particular dwelling houses","content":"### sch.6-sec.7D Material change of use for particular dwelling houses\n\nA material change of use of premises for a dwelling house if—\nthe premises are in—\na community facilities zone stated in schedule 2 ; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in subparagraph (i) ; and\nthe material change of use involves an existing dwelling, including, for example, a presbytery or caretaker’s accommodation, on the premises; and\nthe material change of use—\ndoes not involve the carrying out of building work; or\ninvolves the carrying out of minor building work only; and\neither—\nnone of the following overlays apply to the premises—\nan overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards;\nan overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination;\nan overlay about development of a local heritage place; or\nan overlay mentioned in subparagraph (i) applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\nIn this section a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\nsch 6 s 7D ins 2024 SL No. 251 s 6\n(sch.6-sec.7D-ssec.1) A material change of use of premises for a dwelling house if— the premises are in— a community facilities zone stated in schedule 2 ; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in subparagraph (i) ; and the material change of use involves an existing dwelling, including, for example, a presbytery or caretaker’s accommodation, on the premises; and the material change of use— does not involve the carrying out of building work; or involves the carrying out of minor building work only; and either— none of the following overlays apply to the premises— an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards; an overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination; an overlay about development of a local heritage place; or an overlay mentioned in subparagraph (i) applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n(sch.6-sec.7D-ssec.2) In this section a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.\n- (a) the premises are in— (i) a community facilities zone stated in schedule 2 ; or (ii) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in subparagraph (i) ; and\n- (i) a community facilities zone stated in schedule 2 ; or\n- (ii) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in subparagraph (i) ; and\n- (b) the material change of use involves an existing dwelling, including, for example, a presbytery or caretaker’s accommodation, on the premises; and\n- (c) the material change of use— (i) does not involve the carrying out of building work; or (ii) involves the carrying out of minor building work only; and\n- (i) does not involve the carrying out of building work; or\n- (ii) involves the carrying out of minor building work only; and\n- (d) either— (i) none of the following overlays apply to the premises— (A) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards; (B) an overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination; (C) an overlay about development of a local heritage place; or (ii) an overlay mentioned in subparagraph (i) applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n- (i) none of the following overlays apply to the premises— (A) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards; (B) an overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination; (C) an overlay about development of a local heritage place; or\n- (A) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards;\n- (B) an overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination;\n- (C) an overlay about development of a local heritage place; or\n- (ii) an overlay mentioned in subparagraph (i) applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n- (i) a community facilities zone stated in schedule 2 ; or\n- (ii) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone stated in subparagraph (i) ; and\n- (i) does not involve the carrying out of building work; or\n- (ii) involves the carrying out of minor building work only; and\n- (i) none of the following overlays apply to the premises— (A) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards; (B) an overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination; (C) an overlay about development of a local heritage place; or\n- (A) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards;\n- (B) an overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination;\n- (C) an overlay about development of a local heritage place; or\n- (ii) an overlay mentioned in subparagraph (i) applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.\n- (A) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards;\n- (B) an overlay about safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination;\n- (C) an overlay about development of a local heritage place; or","sortOrder":200},{"sectionNumber":"sch.6-pt.3","sectionType":"part","heading":"Operational work","content":"# Operational work","sortOrder":201},{"sectionNumber":"sch.6-sec.8","sectionType":"section","heading":"Operational work by or for public sector entity","content":"### sch.6-sec.8 Operational work by or for public sector entity\n\nOperational work or plumbing or drainage work (including maintenance and repair work), if the work—\nis carried out by or for a public sector entity authorised under a State law to carry out the work; and\nis not development stated in section 26 of this schedule.\n- (a) is carried out by or for a public sector entity authorised under a State law to carry out the work; and\n- (b) is not development stated in section 26 of this schedule.","sortOrder":202},{"sectionNumber":"sch.6-sec.9","sectionType":"section","heading":"Operational work for ancillary works and encroachments for a road","content":"### sch.6-sec.9 Operational work for ancillary works and encroachments for a road\n\nOperational work for ancillary works and encroachments for a road—\ncarried out in accordance with a notice made under the Transport Infrastructure Act , section 50 (4) ; or\ndone as required by a written arrangement entered into with the chief executive (transport) mentioned in the Transport Infrastructure Act , section 50 (2) (c) .\nsch 6 s 9 sub 2019 SL No. 248 s 5 (1)\n- (a) carried out in accordance with a notice made under the Transport Infrastructure Act , section 50 (4) ; or\n- (b) done as required by a written arrangement entered into with the chief executive (transport) mentioned in the Transport Infrastructure Act , section 50 (2) (c) .","sortOrder":203},{"sectionNumber":"sch.6-sec.10","sectionType":"section","heading":"Operational work for substitute railway crossing","content":"### sch.6-sec.10 Operational work for substitute railway crossing\n\nOperational work for the construction of a substitute railway crossing by a railway manager under the Transport Infrastructure Act , section 169 .","sortOrder":204},{"sectionNumber":"sch.6-sec.11","sectionType":"section","heading":"Operational work performed by railway manager","content":"### sch.6-sec.11 Operational work performed by railway manager\n\nOperational work performed by a railway manager under the Transport Infrastructure Act , section 260 .","sortOrder":205},{"sectionNumber":"sch.6-sec.12","sectionType":"section","heading":"Operational work under rail feasibility investigator’s authority","content":"### sch.6-sec.12 Operational work under rail feasibility investigator’s authority\n\nOperational work carried out under a rail feasibility investigator’s authority given under the Transport Infrastructure Act , section 112 .","sortOrder":206},{"sectionNumber":"sch.6-sec.13","sectionType":"section","heading":"Operational work under Coastal Act","content":"### sch.6-sec.13 Operational work under Coastal Act\n\nOperational work that is digging or boring into land by an authorised person under the Coastal Act , section 134 .","sortOrder":207},{"sectionNumber":"sch.6-sec.14","sectionType":"section","heading":"Operational work for navigational aid or sign","content":"### sch.6-sec.14 Operational work for navigational aid or sign\n\nOperational work for—\nan aid to navigation; or\na sign for maritime navigation.\n- (a) an aid to navigation; or\n- (b) a sign for maritime navigation.","sortOrder":208},{"sectionNumber":"sch.6-sec.15","sectionType":"section","heading":"Operational work for subscriber connection","content":"### sch.6-sec.15 Operational work for subscriber connection\n\nOperational work for a subscriber connection.\nIn this section—\nsubscriber connection means an installation that is only for connecting a building, structure, caravan or mobile home to a line that forms part of a telecommunications network.\n(sch.6-sec.15-ssec.1) Operational work for a subscriber connection.\n(sch.6-sec.15-ssec.2) In this section— subscriber connection means an installation that is only for connecting a building, structure, caravan or mobile home to a line that forms part of a telecommunications network.","sortOrder":209},{"sectionNumber":"sch.6-sec.16","sectionType":"section","heading":"Operational work for agriculture","content":"### sch.6-sec.16 Operational work for agriculture\n\nOperational work relating to—\nmanagement practices for the conduct of an agricultural use, other than—\nthe clearing of native vegetation; or\noperations of any kind and all things constructed or installed for taking or interfering with water under the Water Act , other than using a water truck to pump water; or\nweed or pest control, unless the work involves the clearing of native vegetation; or\nthe use of fire under the Fire Services Act 1990 ; or\nthe conservation or restoration of natural environment as defined under the Environmental Protection Act , schedule 4 ; or\nthe use of premises for a forest practice.\nsch 6 s 16 amd 2024 Act No. 22 s 92 sch 1\n- (a) management practices for the conduct of an agricultural use, other than— (i) the clearing of native vegetation; or (ii) operations of any kind and all things constructed or installed for taking or interfering with water under the Water Act , other than using a water truck to pump water; or\n- (i) the clearing of native vegetation; or\n- (ii) operations of any kind and all things constructed or installed for taking or interfering with water under the Water Act , other than using a water truck to pump water; or\n- (b) weed or pest control, unless the work involves the clearing of native vegetation; or\n- (c) the use of fire under the Fire Services Act 1990 ; or\n- (d) the conservation or restoration of natural environment as defined under the Environmental Protection Act , schedule 4 ; or\n- (e) the use of premises for a forest practice.\n- (i) the clearing of native vegetation; or\n- (ii) operations of any kind and all things constructed or installed for taking or interfering with water under the Water Act , other than using a water truck to pump water; or","sortOrder":210},{"sectionNumber":"sch.6-sec.17","sectionType":"section","heading":"Operational work for removing quarry material","content":"### sch.6-sec.17 Operational work for removing quarry material\n\nOperational work for removing quarry material from—\na State forest, timber reserve, forest entitlement area, or Crown land, as defined under the Forestry Act ; or\na forest consent area, as defined under the Forestry Act , if the quarry material is reserved to the State in a deed of grant under the Land Act .\n- (a) a State forest, timber reserve, forest entitlement area, or Crown land, as defined under the Forestry Act ; or\n- (b) a forest consent area, as defined under the Forestry Act , if the quarry material is reserved to the State in a deed of grant under the Land Act .","sortOrder":211},{"sectionNumber":"sch.6-sec.18","sectionType":"section","heading":"Operational work for the removal, destruction or damage of a marine plant","content":"### sch.6-sec.18 Operational work for the removal, destruction or damage of a marine plant\n\nOperational work that is the removal, destruction or damage of a marine plant.","sortOrder":212},{"sectionNumber":"sch.6-sec.19","sectionType":"section","heading":"Operational work for harvesting trees for wood production","content":"### sch.6-sec.19 Operational work for harvesting trees for wood production\n\nOperational work that is, or is necessary for, harvesting trees for wood production on premises in a rural zone, if the development complies with schedule 13 .","sortOrder":213},{"sectionNumber":"sch.6-sec.20","sectionType":"section","heading":"Operational work on off-road motorcycling facility land","content":"### sch.6-sec.20 Operational work on off-road motorcycling facility land\n\nOperational work that is filling or excavating, or for a dam or earth bank, if—\nthe work is carried out on off-road motorcycling facility land; and\nthe work relates to an off-road motorcycling facility; and\nwork carried out for the construction of the facility\nwork relating to the operation of the facility, including the construction or maintenance of fire breaks, recreational trails, roads, tracks, viewing mounds or water storage facilities\nthe work does not—\nincrease the risk of flooding on the premises or other premises; or\nresult in contamination of, or interfere with water flows into, any surface water or groundwater; and\nthe work involves measures, identified in an erosion and sediment control plan under section 5 (1) (g) (iii) , for minimising erosion and sediment run-off impacts on the premises caused by the work; and\nland on which filling or excavating is carried out is stabilised after the work is completed.\n- (a) the work is carried out on off-road motorcycling facility land; and\n- (b) the work relates to an off-road motorcycling facility; and Examples of work relating to an off-road motorcycling facility— • work carried out for the construction of the facility • work relating to the operation of the facility, including the construction or maintenance of fire breaks, recreational trails, roads, tracks, viewing mounds or water storage facilities\n- • work carried out for the construction of the facility\n- • work relating to the operation of the facility, including the construction or maintenance of fire breaks, recreational trails, roads, tracks, viewing mounds or water storage facilities\n- (c) the work does not— (i) increase the risk of flooding on the premises or other premises; or (ii) result in contamination of, or interfere with water flows into, any surface water or groundwater; and\n- (i) increase the risk of flooding on the premises or other premises; or\n- (ii) result in contamination of, or interfere with water flows into, any surface water or groundwater; and\n- (d) the work involves measures, identified in an erosion and sediment control plan under section 5 (1) (g) (iii) , for minimising erosion and sediment run-off impacts on the premises caused by the work; and\n- (e) land on which filling or excavating is carried out is stabilised after the work is completed.\n- • work carried out for the construction of the facility\n- • work relating to the operation of the facility, including the construction or maintenance of fire breaks, recreational trails, roads, tracks, viewing mounds or water storage facilities\n- (i) increase the risk of flooding on the premises or other premises; or\n- (ii) result in contamination of, or interfere with water flows into, any surface water or groundwater; and","sortOrder":214},{"sectionNumber":"sch.6-sec.20A","sectionType":"section","heading":"Operational work for necessary firebreaks or fire management lines","content":"### sch.6-sec.20A Operational work for necessary firebreaks or fire management lines\n\nOperational work that is clearing native vegetation if—\nthe clearing is necessary for—\nestablishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, and the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; or\nestablishing a necessary fire management line, and the maximum width of the clearing for the fire management line is 10m; and\nthe clearing—\nis on freehold land; or\nis on indigenous land; or\nis on land leased under the Land Act 1994 for agriculture or grazing purposes; or\nis on land leased under the Land Act 1994 , other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or\nis on trust land under the Land Act 1994 , other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or\nis on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or\nis on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.\nsch 6 s 20A ins 2019 SL No. 243 s 4\n- (a) the clearing is necessary for— (i) establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, and the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; or (ii) establishing a necessary fire management line, and the maximum width of the clearing for the fire management line is 10m; and\n- (i) establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, and the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; or\n- (ii) establishing a necessary fire management line, and the maximum width of the clearing for the fire management line is 10m; and\n- (b) the clearing— (i) is on freehold land; or (ii) is on indigenous land; or (iii) is on land leased under the Land Act 1994 for agriculture or grazing purposes; or (iv) is on land leased under the Land Act 1994 , other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or (v) is on trust land under the Land Act 1994 , other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or (vi) is on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or (vii) is on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.\n- (i) is on freehold land; or\n- (ii) is on indigenous land; or\n- (iii) is on land leased under the Land Act 1994 for agriculture or grazing purposes; or\n- (iv) is on land leased under the Land Act 1994 , other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or\n- (v) is on trust land under the Land Act 1994 , other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or\n- (vi) is on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or\n- (vii) is on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.\n- (i) establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, and the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; or\n- (ii) establishing a necessary fire management line, and the maximum width of the clearing for the fire management line is 10m; and\n- (i) is on freehold land; or\n- (ii) is on indigenous land; or\n- (iii) is on land leased under the Land Act 1994 for agriculture or grazing purposes; or\n- (iv) is on land leased under the Land Act 1994 , other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or\n- (v) is on trust land under the Land Act 1994 , other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or\n- (vi) is on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or\n- (vii) is on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.","sortOrder":215},{"sectionNumber":"sch.6-sec.20B","sectionType":"section","heading":"Operational work relating to prescribed water storage infrastructure","content":"### sch.6-sec.20B Operational work relating to prescribed water storage infrastructure\n\nOperational work that is constructing or raising waterway barrier works that form, or will form, part of prescribed water storage infrastructure.\nsch 6 s 20B ins 2025 SL No. 149 s 19","sortOrder":216},{"sectionNumber":"sch.6-sec.20C","sectionType":"section","heading":"Operational work relating to pumped hydro energy storage","content":"### sch.6-sec.20C Operational work relating to pumped hydro energy storage\n\nOperational work that is constructing or raising waterway barrier works on premises if—\nthe premises are used for pumped hydro energy storage; and\nthe waterway barrier works form, or will form, part of other infrastructure on the premises.\nsch 6 s 20C ins 2025 SL No. 149 s 19\n- (a) the premises are used for pumped hydro energy storage; and\n- (b) the waterway barrier works form, or will form, part of other infrastructure on the premises.","sortOrder":217},{"sectionNumber":"sch.6-pt.4","sectionType":"part","heading":"Reconfiguring a lot","content":"# Reconfiguring a lot","sortOrder":218},{"sectionNumber":"sch.6-sec.21","sectionType":"section","heading":"Particular reconfigurations","content":"### sch.6-sec.21 Particular reconfigurations\n\nReconfiguring a lot other than a lot as defined under the Land Title Act .\nReconfiguring a lot as defined under the Land Title Act , if the reconfiguration—\nrequires a building format plan of subdivision under the Land Title Act and the plan does not subdivide land on or below the surface of the land; or\nis for the amalgamation of 2 or more lots; or\nis for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41 , of a lot with common property for a community titles scheme; or\nis for the conversion, under the Body Corporate and Community Management Act 1997 , section 43 , of lessee common property within the meaning of that Act to a lot in a community titles scheme; or\nrelates to the acquisition of land, including by agreement, under the Acquisition Act , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or\nrelates to the acquisition of land by agreement, other than under the Acquisition Act , by a constructing authority or an authorised electricity entity for a purpose for which land may be taken under that Act; or\nis for land that—\nis held by the State, or a statutory body representing the State; and\nis being reconfigured for a purpose for which land may be taken under the Acquisition Act , whether or not the land relates to an acquisition; or\nrelates to the acquisition of land for water infrastructure; or\nis for reconfiguring a lot that is, or includes, strategic port land; or\nis for the Transport Infrastructure Act , section 240 ; or\nis for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 ; or\nis under an instrument of lease and the lessee is an authorised electricity entity; or\nis under a relevant instrument of lease.\nIn this section—\nrelevant instrument of lease means an instrument of lease for a grant of a residential lease over a part of a lot that—\nwas previously subject to a social housing lease; and\nis the same part of the lot that was subject to—\na partial surrender of the social housing lease; or\nif the part of the lot is the last remaining part of the social housing lease—a whole surrender of the lease.\nresidential lease means a lease for residential use—\ngiven under the Aboriginal Land Act 1991 to an Aboriginal person; or\ngiven under the Torres Strait Islander Land Act 1991 to a Torres Strait Islander.\nsocial housing lease means a lease granted to the State under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 for the purpose of providing subsidised housing for residential use.\n(sch.6-sec.21-ssec.1) Reconfiguring a lot other than a lot as defined under the Land Title Act .\n(sch.6-sec.21-ssec.2) Reconfiguring a lot as defined under the Land Title Act , if the reconfiguration— requires a building format plan of subdivision under the Land Title Act and the plan does not subdivide land on or below the surface of the land; or is for the amalgamation of 2 or more lots; or is for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41 , of a lot with common property for a community titles scheme; or is for the conversion, under the Body Corporate and Community Management Act 1997 , section 43 , of lessee common property within the meaning of that Act to a lot in a community titles scheme; or relates to the acquisition of land, including by agreement, under the Acquisition Act , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or relates to the acquisition of land by agreement, other than under the Acquisition Act , by a constructing authority or an authorised electricity entity for a purpose for which land may be taken under that Act; or is for land that— is held by the State, or a statutory body representing the State; and is being reconfigured for a purpose for which land may be taken under the Acquisition Act , whether or not the land relates to an acquisition; or relates to the acquisition of land for water infrastructure; or is for reconfiguring a lot that is, or includes, strategic port land; or is for the Transport Infrastructure Act , section 240 ; or is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 ; or is under an instrument of lease and the lessee is an authorised electricity entity; or is under a relevant instrument of lease.\n(sch.6-sec.21-ssec.3) In this section— relevant instrument of lease means an instrument of lease for a grant of a residential lease over a part of a lot that— was previously subject to a social housing lease; and is the same part of the lot that was subject to— a partial surrender of the social housing lease; or if the part of the lot is the last remaining part of the social housing lease—a whole surrender of the lease. residential lease means a lease for residential use— given under the Aboriginal Land Act 1991 to an Aboriginal person; or given under the Torres Strait Islander Land Act 1991 to a Torres Strait Islander. social housing lease means a lease granted to the State under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 for the purpose of providing subsidised housing for residential use.\n- (a) requires a building format plan of subdivision under the Land Title Act and the plan does not subdivide land on or below the surface of the land; or\n- (b) is for the amalgamation of 2 or more lots; or\n- (c) is for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41 , of a lot with common property for a community titles scheme; or\n- (d) is for the conversion, under the Body Corporate and Community Management Act 1997 , section 43 , of lessee common property within the meaning of that Act to a lot in a community titles scheme; or\n- (e) relates to the acquisition of land, including by agreement, under the Acquisition Act , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or\n- (f) relates to the acquisition of land by agreement, other than under the Acquisition Act , by a constructing authority or an authorised electricity entity for a purpose for which land may be taken under that Act; or\n- (g) is for land that— (i) is held by the State, or a statutory body representing the State; and (ii) is being reconfigured for a purpose for which land may be taken under the Acquisition Act , whether or not the land relates to an acquisition; or\n- (i) is held by the State, or a statutory body representing the State; and\n- (ii) is being reconfigured for a purpose for which land may be taken under the Acquisition Act , whether or not the land relates to an acquisition; or\n- (h) relates to the acquisition of land for water infrastructure; or\n- (i) is for reconfiguring a lot that is, or includes, strategic port land; or\n- (j) is for the Transport Infrastructure Act , section 240 ; or\n- (k) is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 ; or\n- (l) is under an instrument of lease and the lessee is an authorised electricity entity; or\n- (m) is under a relevant instrument of lease.\n- (i) is held by the State, or a statutory body representing the State; and\n- (ii) is being reconfigured for a purpose for which land may be taken under the Acquisition Act , whether or not the land relates to an acquisition; or\n- (a) was previously subject to a social housing lease; and\n- (b) is the same part of the lot that was subject to— (i) a partial surrender of the social housing lease; or (ii) if the part of the lot is the last remaining part of the social housing lease—a whole surrender of the lease.\n- (i) a partial surrender of the social housing lease; or\n- (ii) if the part of the lot is the last remaining part of the social housing lease—a whole surrender of the lease.\n- (i) a partial surrender of the social housing lease; or\n- (ii) if the part of the lot is the last remaining part of the social housing lease—a whole surrender of the lease.\n- (a) given under the Aboriginal Land Act 1991 to an Aboriginal person; or\n- (b) given under the Torres Strait Islander Land Act 1991 to a Torres Strait Islander.","sortOrder":219},{"sectionNumber":"sch.6-pt.5","sectionType":"part","heading":"Other development","content":"# Other development","sortOrder":220},{"sectionNumber":"sch.6-sec.22","sectionType":"section","heading":"Development for a mining or petroleum activity","content":"### sch.6-sec.22 Development for a mining or petroleum activity\n\nDevelopment for an activity authorised under—\nthe Mineral Resources Act 1989 , including an activity for the purpose of 1 or more of the following Acts—\nthe Alcan Queensland Pty. Limited Agreement Act 1965 ;\nthe Central Queensland Coal Associates Agreement Act 1968 ;\nthe Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;\nthe Mount Isa Mines Limited Agreement Act 1985 ;\nthe Queensland Nickel Agreement Act 1970 ;\nthe Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; or\nthe Offshore Minerals Act 1998 ; or\nthe Petroleum Act 1923 or the Petroleum and Gas Act , other than an activity relating to building and operating an oil refinery; or\nthe Petroleum (Submerged Lands) Act 1982 .\nDevelopment for a mining activity, as defined under the Environmental Protection Act , section 110 , that an environmental authority applies to.\nDevelopment for a petroleum activity as defined under the Environmental Protection Act , section 111 .\n(sch.6-sec.22-ssec.1) Development for an activity authorised under— the Mineral Resources Act 1989 , including an activity for the purpose of 1 or more of the following Acts— the Alcan Queensland Pty. Limited Agreement Act 1965 ; the Central Queensland Coal Associates Agreement Act 1968 ; the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ; the Mount Isa Mines Limited Agreement Act 1985 ; the Queensland Nickel Agreement Act 1970 ; the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; or the Offshore Minerals Act 1998 ; or the Petroleum Act 1923 or the Petroleum and Gas Act , other than an activity relating to building and operating an oil refinery; or the Petroleum (Submerged Lands) Act 1982 .\n(sch.6-sec.22-ssec.2) Development for a mining activity, as defined under the Environmental Protection Act , section 110 , that an environmental authority applies to.\n(sch.6-sec.22-ssec.3) Development for a petroleum activity as defined under the Environmental Protection Act , section 111 .\n- (a) the Mineral Resources Act 1989 , including an activity for the purpose of 1 or more of the following Acts— (i) the Alcan Queensland Pty. Limited Agreement Act 1965 ; (ii) the Central Queensland Coal Associates Agreement Act 1968 ; (iii) the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ; (iv) the Mount Isa Mines Limited Agreement Act 1985 ; (v) the Queensland Nickel Agreement Act 1970 ; (vi) the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; or\n- (i) the Alcan Queensland Pty. Limited Agreement Act 1965 ;\n- (ii) the Central Queensland Coal Associates Agreement Act 1968 ;\n- (iii) the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;\n- (iv) the Mount Isa Mines Limited Agreement Act 1985 ;\n- (v) the Queensland Nickel Agreement Act 1970 ;\n- (vi) the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; or\n- (b) the Offshore Minerals Act 1998 ; or\n- (c) the Petroleum Act 1923 or the Petroleum and Gas Act , other than an activity relating to building and operating an oil refinery; or\n- (d) the Petroleum (Submerged Lands) Act 1982 .\n- (i) the Alcan Queensland Pty. Limited Agreement Act 1965 ;\n- (ii) the Central Queensland Coal Associates Agreement Act 1968 ;\n- (iii) the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;\n- (iv) the Mount Isa Mines Limited Agreement Act 1985 ;\n- (v) the Queensland Nickel Agreement Act 1970 ;\n- (vi) the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; or","sortOrder":221},{"sectionNumber":"sch.6-sec.23","sectionType":"section","heading":"Development for geothermal exploration","content":"### sch.6-sec.23 Development for geothermal exploration\n\nDevelopment for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 .","sortOrder":222},{"sectionNumber":"sch.6-sec.24","sectionType":"section","heading":"Development for GHG storage activities","content":"### sch.6-sec.24 Development for GHG storage activities\n\nDevelopment for a GHG storage activity carried out under a GHG authority under the Greenhouse Gas Storage Act 2009 .","sortOrder":223},{"sectionNumber":"sch.6-sec.25","sectionType":"section","heading":"Development directed under a State law","content":"### sch.6-sec.25 Development directed under a State law\n\nDevelopment that a person is directed to carry out under a notice, order or direction made under a State law.","sortOrder":224},{"sectionNumber":"sch.6-sec.26","sectionType":"section","heading":"Development for infrastructure activities","content":"### sch.6-sec.26 Development for infrastructure activities\n\nDevelopment for ancillary works and encroachments for a road carried out by or for the State.\nDevelopment for the construction of the following infrastructure, if the infrastructure is government supported transport infrastructure—\nan aid to navigation;\na public marine facility;\nroad transport infrastructure;\ntransport infrastructure.\nDevelopment that is the use of, or for the maintenance, repair or upgrading of—\nan aid to navigation; or\na public marine facility; or\nroad transport infrastructure; or\ntransport infrastructure.\nDevelopment that—\nis adjacent to—\nan aid to navigation; or\na public marine facility; or\nroad transport infrastructure; or\ntransport infrastructure; and\nis ancillary to the use, maintenance, repair or upgrading of the infrastructure.\nexcavating, crushing, screening, cutting, filling, preparing construction material (including concrete), storing materials, removing vegetation, building dams, fences, site offices and worker accommodation\nDevelopment for a supply network or for private electricity works that form an extension of, or provide service connections to, properties from the network, if the network operates at standard voltages up to and including 66kV, other than development for—\na new zone substation or bulk supply substation; or\nthe augmentation of a zone substation or bulk supply substation that significantly increases the input or output standard voltage.\nDevelopment for a battery storage facility if—\nthe facility is for a pad mounted battery storage device only and the total area of the premises covered by the facility is no more than 15m 2 ; or\nthe facility is for a pole mounted battery storage device only and the total volume of the device is no more than 2m 3 .\nIn this section—\nupgrading , of infrastructure, means carrying out work that is reasonably required to ensure the efficient and safe operation of the infrastructure.\nbuilding a dedicated left-turning lane on a road to reduce the risk of collision between vehicles turning left and vehicles traveling straight ahead\nreplacing a roundabout with traffic signals to improve the flow of traffic\nwidening a road to create a verge so that vehicles can pull over safely\nsch 6 s 26 amd 2019 SL No. 248 s 5 (2) ; 2022 SL No. 195 s 8 (2) – (3)\n(sch.6-sec.26-ssec.1) Development for ancillary works and encroachments for a road carried out by or for the State.\n(sch.6-sec.26-ssec.2) Development for the construction of the following infrastructure, if the infrastructure is government supported transport infrastructure— an aid to navigation; a public marine facility; road transport infrastructure; transport infrastructure.\n(sch.6-sec.26-ssec.3) Development that is the use of, or for the maintenance, repair or upgrading of— an aid to navigation; or a public marine facility; or road transport infrastructure; or transport infrastructure.\n(sch.6-sec.26-ssec.4) Development that— is adjacent to— an aid to navigation; or a public marine facility; or road transport infrastructure; or transport infrastructure; and is ancillary to the use, maintenance, repair or upgrading of the infrastructure. excavating, crushing, screening, cutting, filling, preparing construction material (including concrete), storing materials, removing vegetation, building dams, fences, site offices and worker accommodation\n(sch.6-sec.26-ssec.5) Development for a supply network or for private electricity works that form an extension of, or provide service connections to, properties from the network, if the network operates at standard voltages up to and including 66kV, other than development for— a new zone substation or bulk supply substation; or the augmentation of a zone substation or bulk supply substation that significantly increases the input or output standard voltage.\n(sch.6-sec.26-ssec.6) Development for a battery storage facility if— the facility is for a pad mounted battery storage device only and the total area of the premises covered by the facility is no more than 15m 2 ; or the facility is for a pole mounted battery storage device only and the total volume of the device is no more than 2m 3 .\n(sch.6-sec.26-ssec.7) In this section— upgrading , of infrastructure, means carrying out work that is reasonably required to ensure the efficient and safe operation of the infrastructure. building a dedicated left-turning lane on a road to reduce the risk of collision between vehicles turning left and vehicles traveling straight ahead replacing a roundabout with traffic signals to improve the flow of traffic widening a road to create a verge so that vehicles can pull over safely\n- (a) an aid to navigation;\n- (b) a public marine facility;\n- (c) road transport infrastructure;\n- (d) transport infrastructure.\n- (a) an aid to navigation; or\n- (b) a public marine facility; or\n- (c) road transport infrastructure; or\n- (d) transport infrastructure.\n- (a) is adjacent to— (i) an aid to navigation; or (ii) a public marine facility; or (iii) road transport infrastructure; or (iv) transport infrastructure; and\n- (i) an aid to navigation; or\n- (ii) a public marine facility; or\n- (iii) road transport infrastructure; or\n- (iv) transport infrastructure; and\n- (b) is ancillary to the use, maintenance, repair or upgrading of the infrastructure. Examples for paragraph (b) — excavating, crushing, screening, cutting, filling, preparing construction material (including concrete), storing materials, removing vegetation, building dams, fences, site offices and worker accommodation\n- (i) an aid to navigation; or\n- (ii) a public marine facility; or\n- (iii) road transport infrastructure; or\n- (iv) transport infrastructure; and\n- (a) a new zone substation or bulk supply substation; or\n- (b) the augmentation of a zone substation or bulk supply substation that significantly increases the input or output standard voltage.\n- (a) the facility is for a pad mounted battery storage device only and the total area of the premises covered by the facility is no more than 15m 2 ; or\n- (b) the facility is for a pole mounted battery storage device only and the total volume of the device is no more than 2m 3 .\n- • building a dedicated left-turning lane on a road to reduce the risk of collision between vehicles turning left and vehicles traveling straight ahead\n- • replacing a roundabout with traffic signals to improve the flow of traffic\n- • widening a road to create a verge so that vehicles can pull over safely","sortOrder":225},{"sectionNumber":"sch.6-sec.27","sectionType":"section","heading":"Development under South Bank Corporation Act 1989","content":"### sch.6-sec.27 Development under South Bank Corporation Act 1989\n\nDevelopment within the meaning of the South Bank Corporation Act 1989 , but only until the development completion date under that Act.","sortOrder":226},{"sectionNumber":"sch.6-sec.28","sectionType":"section","heading":"Development that is PDA-related development","content":"### sch.6-sec.28 Development that is PDA-related development\n\nDevelopment that is PDA-related development.","sortOrder":227},{"sectionNumber":"sch.6-sec.29","sectionType":"section","heading":"Development for a connection under SEQ Water Act","content":"### sch.6-sec.29 Development for a connection under SEQ Water Act\n\nDevelopment for a connection under the SEQ Water Act , chapter 4C or any work for the connection.","sortOrder":228},{"sectionNumber":"sch.6-sec.30","sectionType":"section","heading":"Development for public housing","content":"### sch.6-sec.30 Development for public housing\n\nDevelopment for public housing that the chief executive (housing) considers is substantially inconsistent with a relevant local instrument, if—\nthe chief executive (housing) does all of the following things before the development starts—\ngives the local government information, including plans or specifications, about the proposed development;\npublishes a notice about the proposed development in a newspaper circulating generally in the locality of the premises;\ngives notice of the proposed development to the owner of all adjoining premises;\nplaces a notice about the proposed development on the premises; and\nthe notices under paragraph (a) (ii) , (iii) and (iv) —\nare in the form approved by the chief executive (housing); and\nstate where information about the proposed development may be inspected and purchased; and\nstate the period (the consultation period ) within which a submission may be made, which must be at least 15 business days after the day paragraph (a) is complied with; and\nstate that submissions about the proposed development may be made to the chief executive (housing) during the consultation period; and\nthe notice under paragraph (a) (iv) is displayed on the premises for all of the consultation period; and\ninformation about the proposed development, including plans and specifications, is available for all of the consultation period—\nfor viewing or downloading, free of charge, from the housing department’s website; and\nfor inspection, free of charge, and purchase at the housing department’s office, and any other place the chief executive (housing) approves, during business hours; and\nthe chief executive (housing) considers any properly made submissions when deciding whether or not to carry out the development.\nDevelopment for public housing that the chief executive (housing) is satisfied is not substantially inconsistent with a relevant local instrument, if, before the development starts, the chief executive (housing) gives the local government information, including plans or specifications, about the proposed development.\nIn this section—\nbusiness day does not include a day between 20 December of a year and 5 January of the next year.\nowner , of adjoining premises, means—\nif the adjoining premises are subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 —the primary thoroughfare body corporate; or\nif the adjoining premises are subject to the Mixed Use Development Act 1993 —the community body corporate; or\nsubject to paragraphs (a) and (b), if the adjoining premises are subject to the Building Units and Group Titles Act 1980 —the body corporate; or\nif the adjoining premises are, under the Body Corporate and Community Management Act 1997 , scheme land for a community titles scheme—\nthe body corporate for the scheme; or\nif the adjoining premises are scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or\nif there is a time share scheme, as defined under the Local Government Act , for a structure on the adjoining premises—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or\nif the adjoining premises are land being bought from the State for an estate in fee simple under the Land Act —the buyer; or\nif the adjoining premises are land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act —the trustees of the land; or\nif paragraphs (a) to (g) do not apply—the person who is entitled to receive rent for the premises or who would be entitled to receive rent for the premises if the premises were rented to a tenant.\nrelevant local instrument means a local instrument applying to the premises that the development is to be carried out on.\nSee also the Housing Act 2003 , sections 94G and 94H .\n(sch.6-sec.30-ssec.1) Development for public housing that the chief executive (housing) considers is substantially inconsistent with a relevant local instrument, if— the chief executive (housing) does all of the following things before the development starts— gives the local government information, including plans or specifications, about the proposed development; publishes a notice about the proposed development in a newspaper circulating generally in the locality of the premises; gives notice of the proposed development to the owner of all adjoining premises; places a notice about the proposed development on the premises; and the notices under paragraph (a) (ii) , (iii) and (iv) — are in the form approved by the chief executive (housing); and state where information about the proposed development may be inspected and purchased; and state the period (the consultation period ) within which a submission may be made, which must be at least 15 business days after the day paragraph (a) is complied with; and state that submissions about the proposed development may be made to the chief executive (housing) during the consultation period; and the notice under paragraph (a) (iv) is displayed on the premises for all of the consultation period; and information about the proposed development, including plans and specifications, is available for all of the consultation period— for viewing or downloading, free of charge, from the housing department’s website; and for inspection, free of charge, and purchase at the housing department’s office, and any other place the chief executive (housing) approves, during business hours; and the chief executive (housing) considers any properly made submissions when deciding whether or not to carry out the development.\n(sch.6-sec.30-ssec.2) Development for public housing that the chief executive (housing) is satisfied is not substantially inconsistent with a relevant local instrument, if, before the development starts, the chief executive (housing) gives the local government information, including plans or specifications, about the proposed development.\n(sch.6-sec.30-ssec.3) In this section— business day does not include a day between 20 December of a year and 5 January of the next year. owner , of adjoining premises, means— if the adjoining premises are subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 —the primary thoroughfare body corporate; or if the adjoining premises are subject to the Mixed Use Development Act 1993 —the community body corporate; or subject to paragraphs (a) and (b), if the adjoining premises are subject to the Building Units and Group Titles Act 1980 —the body corporate; or if the adjoining premises are, under the Body Corporate and Community Management Act 1997 , scheme land for a community titles scheme— the body corporate for the scheme; or if the adjoining premises are scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or if there is a time share scheme, as defined under the Local Government Act , for a structure on the adjoining premises—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or if the adjoining premises are land being bought from the State for an estate in fee simple under the Land Act —the buyer; or if the adjoining premises are land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act —the trustees of the land; or if paragraphs (a) to (g) do not apply—the person who is entitled to receive rent for the premises or who would be entitled to receive rent for the premises if the premises were rented to a tenant. relevant local instrument means a local instrument applying to the premises that the development is to be carried out on.\n- (a) the chief executive (housing) does all of the following things before the development starts— (i) gives the local government information, including plans or specifications, about the proposed development; (ii) publishes a notice about the proposed development in a newspaper circulating generally in the locality of the premises; (iii) gives notice of the proposed development to the owner of all adjoining premises; (iv) places a notice about the proposed development on the premises; and\n- (i) gives the local government information, including plans or specifications, about the proposed development;\n- (ii) publishes a notice about the proposed development in a newspaper circulating generally in the locality of the premises;\n- (iii) gives notice of the proposed development to the owner of all adjoining premises;\n- (iv) places a notice about the proposed development on the premises; and\n- (b) the notices under paragraph (a) (ii) , (iii) and (iv) — (i) are in the form approved by the chief executive (housing); and (ii) state where information about the proposed development may be inspected and purchased; and (iii) state the period (the consultation period ) within which a submission may be made, which must be at least 15 business days after the day paragraph (a) is complied with; and (iv) state that submissions about the proposed development may be made to the chief executive (housing) during the consultation period; and\n- (i) are in the form approved by the chief executive (housing); and\n- (ii) state where information about the proposed development may be inspected and purchased; and\n- (iii) state the period (the consultation period ) within which a submission may be made, which must be at least 15 business days after the day paragraph (a) is complied with; and\n- (iv) state that submissions about the proposed development may be made to the chief executive (housing) during the consultation period; and\n- (c) the notice under paragraph (a) (iv) is displayed on the premises for all of the consultation period; and\n- (d) information about the proposed development, including plans and specifications, is available for all of the consultation period— (i) for viewing or downloading, free of charge, from the housing department’s website; and (ii) for inspection, free of charge, and purchase at the housing department’s office, and any other place the chief executive (housing) approves, during business hours; and\n- (i) for viewing or downloading, free of charge, from the housing department’s website; and\n- (ii) for inspection, free of charge, and purchase at the housing department’s office, and any other place the chief executive (housing) approves, during business hours; and\n- (e) the chief executive (housing) considers any properly made submissions when deciding whether or not to carry out the development.\n- (i) gives the local government information, including plans or specifications, about the proposed development;\n- (ii) publishes a notice about the proposed development in a newspaper circulating generally in the locality of the premises;\n- (iii) gives notice of the proposed development to the owner of all adjoining premises;\n- (iv) places a notice about the proposed development on the premises; and\n- (i) are in the form approved by the chief executive (housing); and\n- (ii) state where information about the proposed development may be inspected and purchased; and\n- (iii) state the period (the consultation period ) within which a submission may be made, which must be at least 15 business days after the day paragraph (a) is complied with; and\n- (iv) state that submissions about the proposed development may be made to the chief executive (housing) during the consultation period; and\n- (i) for viewing or downloading, free of charge, from the housing department’s website; and\n- (ii) for inspection, free of charge, and purchase at the housing department’s office, and any other place the chief executive (housing) approves, during business hours; and\n- (a) if the adjoining premises are subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 —the primary thoroughfare body corporate; or\n- (b) if the adjoining premises are subject to the Mixed Use Development Act 1993 —the community body corporate; or\n- (c) subject to paragraphs (a) and (b), if the adjoining premises are subject to the Building Units and Group Titles Act 1980 —the body corporate; or\n- (d) if the adjoining premises are, under the Body Corporate and Community Management Act 1997 , scheme land for a community titles scheme— (i) the body corporate for the scheme; or (ii) if the adjoining premises are scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or\n- (i) the body corporate for the scheme; or\n- (ii) if the adjoining premises are scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or\n- (e) if there is a time share scheme, as defined under the Local Government Act , for a structure on the adjoining premises—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or\n- (f) if the adjoining premises are land being bought from the State for an estate in fee simple under the Land Act —the buyer; or\n- (g) if the adjoining premises are land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act —the trustees of the land; or\n- (h) if paragraphs (a) to (g) do not apply—the person who is entitled to receive rent for the premises or who would be entitled to receive rent for the premises if the premises were rented to a tenant.\n- (i) the body corporate for the scheme; or\n- (ii) if the adjoining premises are scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or","sortOrder":229},{"sectionNumber":"sch.6-sec.31","sectionType":"section","heading":"Development for detention centre on lot 395 on SP118987","content":"### sch.6-sec.31 Development for detention centre on lot 395 on SP118987\n\nDevelopment for a detention centre under the Youth Justice Act 1992 on lot 395 on SP118987, if the development—\nresults in an increase in capacity of the centre to accommodate not more than 16 detainees; and\nresults in any building or structure being at least the same distance from the road frontage of the lot as the nearest existing building or structure; and\ndoes not reduce the number of existing car parks at the centre; and\ncomplies with assessment benchmarks stated in the State Planning Policy relevant to the development, to the extent the matters relate to—\nliveable communities; and\nmining and extractive resources; and\nnatural hazards, risk and resilience; and\nstrategic airports and aviation facilities; and\nwater quality.\nsch 6 s 31 ins 2019 SL No. 104 s 14\n- (a) results in an increase in capacity of the centre to accommodate not more than 16 detainees; and\n- (b) results in any building or structure being at least the same distance from the road frontage of the lot as the nearest existing building or structure; and\n- (c) does not reduce the number of existing car parks at the centre; and\n- (d) complies with assessment benchmarks stated in the State Planning Policy relevant to the development, to the extent the matters relate to— (i) liveable communities; and (ii) mining and extractive resources; and (iii) natural hazards, risk and resilience; and (iv) strategic airports and aviation facilities; and (v) water quality.\n- (i) liveable communities; and\n- (ii) mining and extractive resources; and\n- (iii) natural hazards, risk and resilience; and\n- (iv) strategic airports and aviation facilities; and\n- (v) water quality.\n- (i) liveable communities; and\n- (ii) mining and extractive resources; and\n- (iii) natural hazards, risk and resilience; and\n- (iv) strategic airports and aviation facilities; and\n- (v) water quality.","sortOrder":230},{"sectionNumber":"sch.6-sec.32","sectionType":"section","heading":"Development for detention centre on lot 409 on SP257441","content":"### sch.6-sec.32 Development for detention centre on lot 409 on SP257441\n\nDevelopment for a detention centre under the Youth Justice Act 1992 in the area (the development area ) shown on the detention centre map, if the development—\nresults in a detention centre with capacity to accommodate not more than 32 detainees; and\nresults in any new building or covered outdoor area being at least 6m from each boundary of the development area; and\nresults in any new building or covered outdoor area having a height of not more than the higher of the following—\nthe tallest building located on lot 395 on SP118987;\n15m; and\ncomplies with AS 2560.1:2018 Sports lighting Part 1: General principles for any outdoor lighting ; and\nresults in any car park being located within—\nthe development area; or\nlot 395 on SP118987; and\ncomplies with assessment benchmarks stated in the State Planning Policy relevant to the development, to the extent the matters relate to—\nliveable communities; and\nmining and extractive resources; and\nnatural hazards, risk and resilience; and\nstrategic airports and aviation facilities; and\nwater quality.\nIn this section—\ndetention centre map means the map called ‘development area map’ dated 3 June 2019 and published on the website of the department within which the Youth Justice Act 1992 is administered.\nsch 6 s 32 ins 2019 SL No. 104 s 14\n(sch.6-sec.32-ssec.1) Development for a detention centre under the Youth Justice Act 1992 in the area (the development area ) shown on the detention centre map, if the development— results in a detention centre with capacity to accommodate not more than 32 detainees; and results in any new building or covered outdoor area being at least 6m from each boundary of the development area; and results in any new building or covered outdoor area having a height of not more than the higher of the following— the tallest building located on lot 395 on SP118987; 15m; and complies with AS 2560.1:2018 Sports lighting Part 1: General principles for any outdoor lighting ; and results in any car park being located within— the development area; or lot 395 on SP118987; and complies with assessment benchmarks stated in the State Planning Policy relevant to the development, to the extent the matters relate to— liveable communities; and mining and extractive resources; and natural hazards, risk and resilience; and strategic airports and aviation facilities; and water quality.\n(sch.6-sec.32-ssec.2) In this section— detention centre map means the map called ‘development area map’ dated 3 June 2019 and published on the website of the department within which the Youth Justice Act 1992 is administered.\n- (a) results in a detention centre with capacity to accommodate not more than 32 detainees; and\n- (b) results in any new building or covered outdoor area being at least 6m from each boundary of the development area; and\n- (c) results in any new building or covered outdoor area having a height of not more than the higher of the following— (i) the tallest building located on lot 395 on SP118987; (ii) 15m; and\n- (i) the tallest building located on lot 395 on SP118987;\n- (ii) 15m; and\n- (d) complies with AS 2560.1:2018 Sports lighting Part 1: General principles for any outdoor lighting ; and\n- (e) results in any car park being located within— (i) the development area; or (ii) lot 395 on SP118987; and\n- (i) the development area; or\n- (ii) lot 395 on SP118987; and\n- (f) complies with assessment benchmarks stated in the State Planning Policy relevant to the development, to the extent the matters relate to— (i) liveable communities; and (ii) mining and extractive resources; and (iii) natural hazards, risk and resilience; and (iv) strategic airports and aviation facilities; and (v) water quality.\n- (i) liveable communities; and\n- (ii) mining and extractive resources; and\n- (iii) natural hazards, risk and resilience; and\n- (iv) strategic airports and aviation facilities; and\n- (v) water quality.\n- (i) the tallest building located on lot 395 on SP118987;\n- (ii) 15m; and\n- (i) the development area; or\n- (ii) lot 395 on SP118987; and\n- (i) liveable communities; and\n- (ii) mining and extractive resources; and\n- (iii) natural hazards, risk and resilience; and\n- (iv) strategic airports and aviation facilities; and\n- (v) water quality.","sortOrder":231},{"sectionNumber":"sch.6-sec.33","sectionType":"section","heading":"Particular development for accommodating employees of rural uses for rural workers’ initiative","content":"### sch.6-sec.33 Particular development for accommodating employees of rural uses for rural workers’ initiative\n\nDevelopment that is building work or operational work if—\nthe development is carried out on nominated premises; and\nthe development is for accommodating employees of a rural use for the rural workers’ initiative; and\nfor building work—the building work—\ncomplies with the relevant provisions for the building work; and\nis stated in a nomination notice for the premises; and\ndoes not involve the construction of a new building for sleeping accommodation.\nA material change of use of premises if—\nthe premises are nominated premises; and\nthe use is accommodating employees of a rural use for the rural workers’ initiative; and\nfor a material change of use that involves building work—the building work is stated in a nomination notice for the premises and is complete.\nIn this section—\ninitiative document means the document called ‘Queensland Rural Workers’ Accommodation Initiative’, dated 28 November 2025 and published on the department’s website.\nnominated premises means premises identified in schedule 1 of the initiative document.\nnomination notice , for premises, means a notice given by the Minister to the local government for the local government area in which the premises are located, the owner of the premises and any occupier of the premises stating—\nthe premises are nominated premises; and\nany building work required to be carried out before the premises can be used for accommodating employees of a rural use for the rural workers’ initiative.\nrelevant provisions , for building work, see the Building Act , section 21 (5) .\nrural workers’ initiative means the initiative in effect until 16 December 2026 described in Part A of the initiative document.\nSee also section 16 (4) .\nsch 6 s 33 ins 2021 SL No. 139 s 4\nsub 2022 SL No. 195 s 8 (4)\namd 2023 SL No. 109 s 3 ; 2024 SL No. 248 s 4 ; 2025 SL No. 149 s 20\nexp 16 December 2026 (see s 16(4))\n(sch.6-sec.33-ssec.1) Development that is building work or operational work if— the development is carried out on nominated premises; and the development is for accommodating employees of a rural use for the rural workers’ initiative; and for building work—the building work— complies with the relevant provisions for the building work; and is stated in a nomination notice for the premises; and does not involve the construction of a new building for sleeping accommodation.\n(sch.6-sec.33-ssec.2) A material change of use of premises if— the premises are nominated premises; and the use is accommodating employees of a rural use for the rural workers’ initiative; and for a material change of use that involves building work—the building work is stated in a nomination notice for the premises and is complete.\n(sch.6-sec.33-ssec.3) In this section— initiative document means the document called ‘Queensland Rural Workers’ Accommodation Initiative’, dated 28 November 2025 and published on the department’s website. nominated premises means premises identified in schedule 1 of the initiative document. nomination notice , for premises, means a notice given by the Minister to the local government for the local government area in which the premises are located, the owner of the premises and any occupier of the premises stating— the premises are nominated premises; and any building work required to be carried out before the premises can be used for accommodating employees of a rural use for the rural workers’ initiative. relevant provisions , for building work, see the Building Act , section 21 (5) . rural workers’ initiative means the initiative in effect until 16 December 2026 described in Part A of the initiative document.\n- (a) the development is carried out on nominated premises; and\n- (b) the development is for accommodating employees of a rural use for the rural workers’ initiative; and\n- (c) for building work—the building work— (i) complies with the relevant provisions for the building work; and (ii) is stated in a nomination notice for the premises; and (iii) does not involve the construction of a new building for sleeping accommodation.\n- (i) complies with the relevant provisions for the building work; and\n- (ii) is stated in a nomination notice for the premises; and\n- (iii) does not involve the construction of a new building for sleeping accommodation.\n- (i) complies with the relevant provisions for the building work; and\n- (ii) is stated in a nomination notice for the premises; and\n- (iii) does not involve the construction of a new building for sleeping accommodation.\n- (a) the premises are nominated premises; and\n- (b) the use is accommodating employees of a rural use for the rural workers’ initiative; and\n- (c) for a material change of use that involves building work—the building work is stated in a nomination notice for the premises and is complete.\n- (a) the premises are nominated premises; and\n- (b) any building work required to be carried out before the premises can be used for accommodating employees of a rural use for the rural workers’ initiative.","sortOrder":232},{"sectionNumber":"sch.6-sec.34","sectionType":"section","heading":null,"content":"### Section sch.6-sec.34\n\nsch 6 s 34 ins 2022 SL No. 195 s 8 (4)\namd 2024 SL No. 248 s 5\nom 2025 SL No. 149 s 21","sortOrder":233},{"sectionNumber":"sch.6-sec.35","sectionType":"section","heading":"Development for temporary detention centre","content":"### sch.6-sec.35 Development for temporary detention centre\n\nDevelopment for a temporary detention centre under the Youth Justice Act 1992 .\nsch 6 s 35 ins 2023 SL No. 92 s 7","sortOrder":234},{"sectionNumber":"sch.6-sec.36","sectionType":"section","heading":"Development for particular infrastructure under Corrective Services Act 2006","content":"### sch.6-sec.36 Development for particular infrastructure under Corrective Services Act 2006\n\nDevelopment for infrastructure mentioned in the Corrective Services Act 2006 , section 267A (1) on the following lots—\nlot 2 on SP257634;\nlot 57 on SP277218;\nlots 74 to 78 on Crown Plan E124236;\nlot 145 on Crown Plan LN2427.\nsch 6 s 36 ins 2024 Act No. 24 s 31\n- (a) lot 2 on SP257634;\n- (b) lot 57 on SP277218;\n- (c) lots 74 to 78 on Crown Plan E124236;\n- (d) lot 145 on Crown Plan LN2427.","sortOrder":235},{"sectionNumber":"sch.7-pt.1","sectionType":"part","heading":"Building work","content":"# Building work","sortOrder":236},{"sectionNumber":"sch.7-sec.1","sectionType":"section","heading":"Building work declared under Building Act","content":"### sch.7-sec.1 Building work declared under Building Act\n\nBuilding work declared under the Building Act , section 21 to be accepted development.","sortOrder":237},{"sectionNumber":"sch.7-sec.2","sectionType":"section","heading":"Building work by or for the State or a public sector entity","content":"### sch.7-sec.2 Building work by or for the State or a public sector entity\n\nBuilding work, other than building work mentioned in section 1 , carried out by or for the State or a public sector entity, to the extent the building work complies with the relevant provisions for the building work.\nIn this section—\nrelevant provisions , for building work, see the Building Act , section 21 (5) .\nsch 7 s 2 amd 2021 SL No. 139 s 5 (1) ; 2022 SL No. 195 s 9 (1)\n(sch.7-sec.2-ssec.1) Building work, other than building work mentioned in section 1 , carried out by or for the State or a public sector entity, to the extent the building work complies with the relevant provisions for the building work.\n(sch.7-sec.2-ssec.2) In this section— relevant provisions , for building work, see the Building Act , section 21 (5) .","sortOrder":238},{"sectionNumber":"sch.7-pt.2","sectionType":"part","heading":"Material change of use","content":"# Material change of use","sortOrder":239},{"sectionNumber":"sch.7-sec.3","sectionType":"section","heading":"Material change of use for prescribed aquaculture","content":"### sch.7-sec.3 Material change of use for prescribed aquaculture\n\nA material change of use for prescribed aquaculture, if requirements for the material change of use are prescribed under the Fisheries Act , section 32 and the material change of use complies with the requirements.\nIn this section—\nindigenous freshwater fish means a fish that is—\na freshwater fish as defined under the Fisheries (General) Regulation 2019 , schedule 11 ; and\nindigenous, within the meaning of the Fisheries Act , schedule 1 , definition indigenous fisheries resources , to—\nonly Queensland freshwaters; or\nboth Queensland freshwaters and Queensland tidal waters.\nindigenous marine fish means a fish that is indigenous, within the meaning of the Fisheries Act , schedule 1 , definition indigenous fisheries resources , to only Queensland tidal waters.\nprescribed aquaculture means—\nthe aquaculture of indigenous freshwater fish species only for aquarium display or human consumption carried out—\nin a river basin or catchment that the species is native to; and\nin ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or\nthe aquaculture of indigenous freshwater fish only for aquarium display or human consumption, or of non-indigenous freshwater fish only for aquarium display, carried out using only above-ground tanks—\nthat have a total floor area, excluding water storage area, of no more than 100m 2 ; and\nthat are impervious to predators and rainwater; or\nthe aquaculture of indigenous marine fish only for aquarium display carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 100m 2 .\nsch 7 s 3 amd 2019 SL No. 71 s 59 sch 1 ; 2019 SL No. 179 s 152 sch 12\n(sch.7-sec.3-ssec.1) A material change of use for prescribed aquaculture, if requirements for the material change of use are prescribed under the Fisheries Act , section 32 and the material change of use complies with the requirements.\n(sch.7-sec.3-ssec.2) In this section— indigenous freshwater fish means a fish that is— a freshwater fish as defined under the Fisheries (General) Regulation 2019 , schedule 11 ; and indigenous, within the meaning of the Fisheries Act , schedule 1 , definition indigenous fisheries resources , to— only Queensland freshwaters; or both Queensland freshwaters and Queensland tidal waters. indigenous marine fish means a fish that is indigenous, within the meaning of the Fisheries Act , schedule 1 , definition indigenous fisheries resources , to only Queensland tidal waters. prescribed aquaculture means— the aquaculture of indigenous freshwater fish species only for aquarium display or human consumption carried out— in a river basin or catchment that the species is native to; and in ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or the aquaculture of indigenous freshwater fish only for aquarium display or human consumption, or of non-indigenous freshwater fish only for aquarium display, carried out using only above-ground tanks— that have a total floor area, excluding water storage area, of no more than 100m 2 ; and that are impervious to predators and rainwater; or the aquaculture of indigenous marine fish only for aquarium display carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 100m 2 .\n- (a) a freshwater fish as defined under the Fisheries (General) Regulation 2019 , schedule 11 ; and\n- (b) indigenous, within the meaning of the Fisheries Act , schedule 1 , definition indigenous fisheries resources , to— (i) only Queensland freshwaters; or (ii) both Queensland freshwaters and Queensland tidal waters.\n- (i) only Queensland freshwaters; or\n- (ii) both Queensland freshwaters and Queensland tidal waters.\n- (i) only Queensland freshwaters; or\n- (ii) both Queensland freshwaters and Queensland tidal waters.\n- (a) the aquaculture of indigenous freshwater fish species only for aquarium display or human consumption carried out— (i) in a river basin or catchment that the species is native to; and (ii) in ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or\n- (i) in a river basin or catchment that the species is native to; and\n- (ii) in ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or\n- (b) the aquaculture of indigenous freshwater fish only for aquarium display or human consumption, or of non-indigenous freshwater fish only for aquarium display, carried out using only above-ground tanks— (i) that have a total floor area, excluding water storage area, of no more than 100m 2 ; and (ii) that are impervious to predators and rainwater; or\n- (i) that have a total floor area, excluding water storage area, of no more than 100m 2 ; and\n- (ii) that are impervious to predators and rainwater; or\n- (c) the aquaculture of indigenous marine fish only for aquarium display carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 100m 2 .\n- (i) in a river basin or catchment that the species is native to; and\n- (ii) in ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or\n- (i) that have a total floor area, excluding water storage area, of no more than 100m 2 ; and\n- (ii) that are impervious to predators and rainwater; or","sortOrder":240},{"sectionNumber":"sch.7-sec.4","sectionType":"section","heading":"Material change of use in a State forest","content":"### sch.7-sec.4 Material change of use in a State forest\n\nA material change of use in a State forest or timber reserve under the Forestry Act , if the material change of use is for 1 or more of the following—\nconservation;\nplanting trees, or managing, felling and removing standing trees, in a plantation or native forest;\ngrazing;\nrecreation.\n- (a) conservation;\n- (b) planting trees, or managing, felling and removing standing trees, in a plantation or native forest;\n- (c) grazing;\n- (d) recreation.","sortOrder":241},{"sectionNumber":"sch.7-sec.4A","sectionType":"section","heading":null,"content":"### Section sch.7-sec.4A\n\nsch 7 s 4A ins 2021 SL No. 50 s 5\namd 2021 SL No. 140 s 260\nexp 30 April 2022 (see sch 7 s 4A(2))","sortOrder":242},{"sectionNumber":"sch.7-pt.3","sectionType":"part","heading":"Operational work","content":"# Operational work","sortOrder":243},{"sectionNumber":"sch.7-sec.5","sectionType":"section","heading":"Operational work for taking or interfering with water","content":"### sch.7-sec.5 Operational work for taking or interfering with water\n\nOperational work, other than PDA-related development, that involves taking or interfering with water in a watercourse, lake or spring, if—\nthe taking or interfering is allowed under the Water Act , chapter 2 , part 3 , division 1 ; or\nthe work involves the replacement of a pump and the capacity of the new pump to take water is no more than the capacity of the existing pump; or\nthe work involves the installation of a pump to take water under a water entitlement that—\nis managed under a resource operations licence, an interim resource operations licence or a distribution operations licence under the Water Act ; or\nstates the rate at which water may be taken; or\nthe interfering is allowed under a water licence under the Water Act and the work complies with the conditions of the licence; or\nthe taking or interfering involves using a water truck to pump water.\nOperational work, other than PDA-related development, that—\ninvolves 1 or more of the following—\ntaking or interfering with water in a watercourse, lake or spring, other than as stated in subsection (1) ;\ntaking or interfering with underground water through a subartesian bore ;\ntaking overland flow water; and\nis—\nprescribed as not assessable development under the Water Act , section 39 (f) ; or\nparticular operational work that complies with the requirements prescribed under the Water Act , section 1014 (2) (f) .\nOperational work, other than PDA-related development, that—\ninvolves taking or interfering with underground water in part of an underground water area; and\nis prescribed as accepted development for the part under the Water Act , section 1046 (2) (b) .\nSee also the Water Act , section 1046 (3) .\nIn this section—\nwater entitlement see the Water Act , schedule 4 .\nsch 7 s 5 amd 2017 SL No. 103 s 90 ; 2018 SL No. 91 s 12 ; 2025 SL No. 149 s 22\n(sch.7-sec.5-ssec.1) Operational work, other than PDA-related development, that involves taking or interfering with water in a watercourse, lake or spring, if— the taking or interfering is allowed under the Water Act , chapter 2 , part 3 , division 1 ; or the work involves the replacement of a pump and the capacity of the new pump to take water is no more than the capacity of the existing pump; or the work involves the installation of a pump to take water under a water entitlement that— is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence under the Water Act ; or states the rate at which water may be taken; or the interfering is allowed under a water licence under the Water Act and the work complies with the conditions of the licence; or the taking or interfering involves using a water truck to pump water.\n(sch.7-sec.5-ssec.2) Operational work, other than PDA-related development, that— involves 1 or more of the following— taking or interfering with water in a watercourse, lake or spring, other than as stated in subsection (1) ; taking or interfering with underground water through a subartesian bore ; taking overland flow water; and is— prescribed as not assessable development under the Water Act , section 39 (f) ; or particular operational work that complies with the requirements prescribed under the Water Act , section 1014 (2) (f) .\n(sch.7-sec.5-ssec.3) Operational work, other than PDA-related development, that— involves taking or interfering with underground water in part of an underground water area; and is prescribed as accepted development for the part under the Water Act , section 1046 (2) (b) . See also the Water Act , section 1046 (3) .\n(sch.7-sec.5-ssec.4) In this section— water entitlement see the Water Act , schedule 4 .\n- (a) the taking or interfering is allowed under the Water Act , chapter 2 , part 3 , division 1 ; or\n- (b) the work involves the replacement of a pump and the capacity of the new pump to take water is no more than the capacity of the existing pump; or\n- (c) the work involves the installation of a pump to take water under a water entitlement that— (i) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence under the Water Act ; or (ii) states the rate at which water may be taken; or\n- (i) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence under the Water Act ; or\n- (ii) states the rate at which water may be taken; or\n- (d) the interfering is allowed under a water licence under the Water Act and the work complies with the conditions of the licence; or\n- (e) the taking or interfering involves using a water truck to pump water.\n- (i) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence under the Water Act ; or\n- (ii) states the rate at which water may be taken; or\n- (a) involves 1 or more of the following— (i) taking or interfering with water in a watercourse, lake or spring, other than as stated in subsection (1) ; (ii) taking or interfering with underground water through a subartesian bore ; (iii) taking overland flow water; and\n- (i) taking or interfering with water in a watercourse, lake or spring, other than as stated in subsection (1) ;\n- (ii) taking or interfering with underground water through a subartesian bore ;\n- (iii) taking overland flow water; and\n- (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) (f) .\n- (i) prescribed as not assessable development under the Water Act , section 39 (f) ; or\n- (ii) particular operational work that complies with the requirements prescribed under the Water Act , section 1014 (2) (f) .\n- (i) taking or interfering with water in a watercourse, lake or spring, other than as stated in subsection (1) ;\n- (ii) taking or interfering with underground water through a subartesian bore ;\n- (iii) taking overland flow water; and\n- (i) prescribed as not assessable development under the Water Act , section 39 (f) ; or\n- (ii) particular operational work that complies with the requirements prescribed under the Water Act , section 1014 (2) (f) .\n- (a) involves taking or interfering with underground water in part of an underground water area; and\n- (b) is prescribed as accepted development for the part under the Water Act , section 1046 (2) (b) . Note— See also the Water Act , section 1046 (3) .","sortOrder":244},{"sectionNumber":"sch.7-sec.6","sectionType":"section","heading":"Operational work for waterway barrier works","content":"### sch.7-sec.6 Operational work for waterway barrier works\n\nOperational work for constructing or raising waterway barrier works, if requirements for the work are prescribed under the Fisheries Act , section 32 and the work complies with the requirements.\nsch 7 s 6 amd 2019 SL No. 71 s 59 sch 1","sortOrder":245},{"sectionNumber":"sch.7-sec.6A","sectionType":"section","heading":"Operational work relating to prescribed water storage infrastructure","content":"### sch.7-sec.6A Operational work relating to prescribed water storage infrastructure\n\nOperational work to which schedule 6 , section 20B applies.\nsch 7 s 6A ins 2025 SL No. 149 s 23","sortOrder":246},{"sectionNumber":"sch.7-sec.6B","sectionType":"section","heading":"Operational work relating to pumped hydro energy storage","content":"### sch.7-sec.6B Operational work relating to pumped hydro energy storage\n\nOperational work to which schedule 6 , section 20C applies.\nsch 7 s 6B ins 2025 SL No. 149 s 23","sortOrder":247},{"sectionNumber":"sch.7-sec.7","sectionType":"section","heading":"Operational work in a declared fish habitat area","content":"### sch.7-sec.7 Operational work in a declared fish habitat area\n\nOperational work completely or partly within a declared fish habitat area, if requirements for the work are prescribed under the Fisheries Act , section 32 and the work complies with the requirements.\nsch 7 s 7 amd 2019 SL No. 71 s 59 sch 1","sortOrder":248},{"sectionNumber":"sch.7-sec.8","sectionType":"section","heading":"Operational work impacting on marine plants","content":"### sch.7-sec.8 Operational work impacting on marine plants\n\nOperational work that is the removal, destruction or damage of a marine plant, if requirements for the work are prescribed under the Fisheries Act , section 32 and the work complies with the requirements.\nsch 7 s 8 amd 2019 SL No. 71 s 59 sch 1","sortOrder":249},{"sectionNumber":"sch.7-sec.9","sectionType":"section","heading":"Operational work in wetland protection areas","content":"### sch.7-sec.9 Operational work in wetland protection areas\n\nOperational work in a wetland protection area that—\nis high impact earthworks; and\nis carried out for electricity operating works or government supported transport infrastructure; and\ncomplies with schedule 14 .\n- (a) is high impact earthworks; and\n- (b) is carried out for electricity operating works or government supported transport infrastructure; and\n- (c) complies with schedule 14 .","sortOrder":250},{"sectionNumber":"sch.7-sec.10","sectionType":"section","heading":"Operational work for tidal works or work within a coastal management district","content":"### sch.7-sec.10 Operational work for tidal works or work within a coastal management district\n\nOperational work that—\nis either of the following—\ntidal works;\nwork carried out completely or partly in a coastal management district that involves interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark; and\nis undertaken—\nby a local government; or\nby the Gold Coast Waterways Authority; or\nby or for the department in which the Transport Infrastructure Act or the Transport Planning Act is administered; and\ncomplies with the requirements for the work prescribed under the Coastal Act , section 167 (5) (b) .\n- (a) is either of the following— (i) tidal works; (ii) work carried out completely or partly in a coastal management district that involves interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark; and\n- (i) tidal works;\n- (ii) work carried out completely or partly in a coastal management district that involves interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark; and\n- (b) is undertaken— (i) by a local government; or (ii) by the Gold Coast Waterways Authority; or (iii) by or for the department in which the Transport Infrastructure Act or the Transport Planning Act is administered; and\n- (i) by a local government; or\n- (ii) by the Gold Coast Waterways Authority; or\n- (iii) by or for the department in which the Transport Infrastructure Act or the Transport Planning Act is administered; and\n- (c) complies with the requirements for the work prescribed under the Coastal Act , section 167 (5) (b) .\n- (i) tidal works;\n- (ii) work carried out completely or partly in a coastal management district that involves interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark; and\n- (i) by a local government; or\n- (ii) by the Gold Coast Waterways Authority; or\n- (iii) by or for the department in which the Transport Infrastructure Act or the Transport Planning Act is administered; and","sortOrder":251},{"sectionNumber":"sch.7-sec.11","sectionType":"section","heading":"Operational work relating to levees","content":"### sch.7-sec.11 Operational work relating to levees\n\nOperational work that is the following, if the work complies with the requirements for the work stated in the Water Regulation , section 101A —\nthe construction of a new category 1 levee;\nthe modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee.\nIn this section—\ncategory 1 levee see the Water Regulation , section 101 (2) .\nsch 7 s 11 amd 2017 SL No. 103 s 91\n(sch.7-sec.11-ssec.1) Operational work that is the following, if the work complies with the requirements for the work stated in the Water Regulation , section 101A — the construction of a new category 1 levee; the modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee.\n(sch.7-sec.11-ssec.2) In this section— category 1 levee see the Water Regulation , section 101 (2) .\n- (a) the construction of a new category 1 levee;\n- (b) the modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee.","sortOrder":252},{"sectionNumber":"sch.7-sec.12","sectionType":"section","heading":"Operational work for clearing native vegetation","content":"### sch.7-sec.12 Operational work for clearing native vegetation\n\nOperational work that is clearing native vegetation to which an accepted development vegetation clearing code applies if the work complies with the code.","sortOrder":253},{"sectionNumber":"sch.7-sec.13","sectionType":"section","heading":"Operational work for necessary firebreaks or fire management lines","content":"### sch.7-sec.13 Operational work for necessary firebreaks or fire management lines\n\nOperational work in relation to which schedule 6 , part 3 , section 20A applies.\nsch 7 s 13 ins 2019 SL No. 243 s 5","sortOrder":254},{"sectionNumber":"sch.7-pt.4","sectionType":"part","heading":"Other development","content":"# Other development","sortOrder":255},{"sectionNumber":"sch.7-sec.14","sectionType":"section","heading":"Particular development for accommodating employees of rural uses for rural workers’ initiative","content":"### sch.7-sec.14 Particular development for accommodating employees of rural uses for rural workers’ initiative\n\nDevelopment in relation to which schedule 6 , section 33 applies.\nSee also section 18 (2) .\nsch 7 s 14 ins 2021 SL No. 139 s 5 (2)\nsub 2022 SL No. 195 s 9 (2)\nexp 16 December 2026 (see s 18(2))","sortOrder":256},{"sectionNumber":"sch.7-sec.15","sectionType":"section","heading":"Development for particular infrastructure under Corrective Services Act 2006","content":"### sch.7-sec.15 Development for particular infrastructure under Corrective Services Act 2006\n\nDevelopment to which schedule 6 , section 36 applies.\nsch 7 s 15 ins 2024 Act No. 24 s 32","sortOrder":257},{"sectionNumber":"sch.7-sec.16","sectionType":"section","heading":"Particular development for battery storage facility","content":"### sch.7-sec.16 Particular development for battery storage facility\n\nDevelopment to which schedule 6 , section 26 (6) applies.\nsch 7 s 16 ins 2025 SL No. 163 s 11","sortOrder":258},{"sectionNumber":"sch.9-pt.1","sectionType":"part","heading":"Assessable development","content":"# Assessable development","sortOrder":259},{"sectionNumber":"sch.9-sec.1","sectionType":"section","heading":"Assessable development—building work under the Building Act","content":"### sch.9-sec.1 Assessable development—building work under the Building Act\n\nBuilding work under the Building Act is assessable development, unless the building work is accepted development under schedule 7 .","sortOrder":260},{"sectionNumber":"sch.9-pt.2","sectionType":"part","heading":"Assessment by assessment manager","content":"# Assessment by assessment manager","sortOrder":261},{"sectionNumber":"sch.9-pt.3","sectionType":"part","heading":"Referral agency’s assessment","content":"# Referral agency’s assessment","sortOrder":262},{"sectionNumber":"sch.9-pt.3-div.1","sectionType":"division","heading":"Chief executive as referral agency","content":"## Chief executive as referral agency","sortOrder":263},{"sectionNumber":"sch.9-pt.3-div.2","sectionType":"division","heading":"Local government as referral agency","content":"## Local government as referral agency","sortOrder":264},{"sectionNumber":"sch.9-pt.3-div.3","sectionType":"division","heading":"Other persons as referral agency","content":"## Other persons as referral agency","sortOrder":265},{"sectionNumber":"sch.10-pt.1","sectionType":"part","heading":"Airport land","content":"# Airport land","sortOrder":266},{"sectionNumber":"sch.10-pt.1-div.1","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":267},{"sectionNumber":"sch.10-sec.1","sectionType":"section","heading":"Assessable development—development on airport land","content":"### sch.10-sec.1 Assessable development—development on airport land\n\nDevelopment on airport land is assessable development, if—\nthe land use plan for the airport land states the development is assessable development; or\nthe development is a material change of use that is inconsistent with the land use plan for the airport land.\n- (a) the land use plan for the airport land states the development is assessable development; or\n- (b) the development is a material change of use that is inconsistent with the land use plan for the airport land.","sortOrder":268},{"sectionNumber":"sch.10-pt.1-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":269},{"sectionNumber":"sch.10-pt.1-div.3","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":270},{"sectionNumber":"sch.10-pt.2","sectionType":"part","heading":"Battery storage facilities","content":"# Battery storage facilities","sortOrder":271},{"sectionNumber":"sch.10-pt.2-div.1","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":272},{"sectionNumber":"sch.10-sec.2","sectionType":"section","heading":"Assessable development—material change of use for battery storage facility","content":"### sch.10-sec.2 Assessable development—material change of use for battery storage facility\n\nA material change of use of premises for a battery storage facility is assessable development, unless the material change of use is accepted development under schedule 7 , section 16 .\nsch 10 s 2 prev sch 10 s 2 om 2024 SL No. 136 s 14\npres sch 10 s 2 ins 2025 SL No. 163 s 12","sortOrder":273},{"sectionNumber":"sch.10-pt.2-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":274},{"sectionNumber":"sch.10-sec","sectionType":"section","heading":null,"content":"### Section sch.10-sec\n\nTable 1—Assessable development under s 2\nColumn 1\nColumn 2\nCategory of assessment\nImpact assessment\nAssessment benchmarks\nIf the chief executive is the prescribed assessment manager—the State development assessment provisions\nIf the development is in a priority development area and the chief executive is the prescribed assessment manager—the relevant development instrument under the Economic Development Act for the priority development area\nMatters code assessment must have regard to\n—\nMatters impact assessment must have regard to\n—\nFee for development application, if the chief executive is the assessment manager\n13,715 fee units","sortOrder":275},{"sectionNumber":"sch.10-sec.3","sectionType":"section","heading":null,"content":"### Section sch.10-sec.3\n\nsch 10 s 3 om 2024 SL No. 136 s 14\nsch 10 div 2 prev sch 10 div 2 om 2024 SL No. 136 s 14\npres sch 10 div 2 ins 2025 SL No. 163 s 12","sortOrder":276},{"sectionNumber":"sch.10-pt.2-div.3","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":277},{"sectionNumber":"sch.10-sec-oc.2","sectionType":"section","heading":null,"content":"### Section sch.10-sec-oc.2\n\nTable 1—Assessable development under s 2\nColumn 1\nColumn 2\nDevelopment application requiring referral\nDevelopment application for a material change of use of premises that is assessable development under section 2 , if the chief executive is not the assessment manager for the application\nReferral agency\nThe chief executive\nLimitations on referral agency’s powers\n—\nMatters referral agency’s assessment must be against\nThe State development assessment provisions\nIf the development is in a priority development area—the relevant development instrument under the Economic Development Act for the priority development area\nMatters referral agency’s assessment must have regard to\n—\nMatters referral agency’s assessment may be against\n—\nMatters referral agency’s assessment may have regard to\n—\nFee for referral\nThe fee that would be payable to the chief executive if the chief executive were the assessment manager\nsch 10 div 3 prev sch 10 div 3 om 2024 SL No. 136 s 14\npres sch 10 div 3 ins 2025 SL No. 163 s 12","sortOrder":278},{"sectionNumber":"sch.10-pt.2A","sectionType":"part","heading":"Caboolture West interim structure plan","content":"# Caboolture West interim structure plan","sortOrder":279},{"sectionNumber":"sch.10-pt.2A-div.1","sectionType":"division","heading":"Prohibited development","content":"## Prohibited development","sortOrder":280},{"sectionNumber":"sch.10-sec.3A","sectionType":"section","heading":"Prohibited development—development in Caboolture West investigation area","content":"### sch.10-sec.3A Prohibited development—development in Caboolture West investigation area\n\nDevelopment in the Caboolture West investigation area is prohibited development.\nHowever, subsection (1) does not apply to the extent the development—\nis accepted development under a categorising instrument in effect immediately before the Waraba priority development area was declared; or\nis a material change of use of premises that the Moreton Bay City Council’s planning scheme, table 5.9.3.1.1—\nincludes in the interim activities activity group; and\nstates is assessable development requiring code assessment; or\nis, or is for, reconfiguring a lot to which schedule 12 applies; or\nis, or is for, reconfiguring a lot to rearrange the boundaries of the lot; or\nis carried out under a development permit given for an application that was properly made before 27 July 2022; or\nis consistent with a development approval—\nin effect for the premises on which the development is carried out; and\ngiven for an application that was properly made before 27 July 2022; or\nis Waraba PDA-related development.\nIn this section—\nCaboolture West investigation area means the area shown as investigation area on the map called ‘Caboolture West growth area and investigation area’, dated 22 February 2023 and published on the department’s website.\nprohibition period means the period starting on 27 July 2022 and ending on 13 March 2023.\nWaraba PDA-related development —\nmeans development in the Waraba priority development area or PDA-associated development for the Waraba priority development area; but\ndoes not include development the subject of a development approval given for an application made during the prohibition period.\nsch 10 s 3A ins 2023 SL No. 13 s 5\namd 2023 SL No. 91 s 10 sch 1 amdt 4; 2024 SL No. 138 s 6\n(sch.10-sec.3A-ssec.1) Development in the Caboolture West investigation area is prohibited development.\n(sch.10-sec.3A-ssec.2) However, subsection (1) does not apply to the extent the development— is accepted development under a categorising instrument in effect immediately before the Waraba priority development area was declared; or is a material change of use of premises that the Moreton Bay City Council’s planning scheme, table 5.9.3.1.1— includes in the interim activities activity group; and states is assessable development requiring code assessment; or is, or is for, reconfiguring a lot to which schedule 12 applies; or is, or is for, reconfiguring a lot to rearrange the boundaries of the lot; or is carried out under a development permit given for an application that was properly made before 27 July 2022; or is consistent with a development approval— in effect for the premises on which the development is carried out; and given for an application that was properly made before 27 July 2022; or is Waraba PDA-related development.\n(sch.10-sec.3A-ssec.3) In this section— Caboolture West investigation area means the area shown as investigation area on the map called ‘Caboolture West growth area and investigation area’, dated 22 February 2023 and published on the department’s website. prohibition period means the period starting on 27 July 2022 and ending on 13 March 2023. Waraba PDA-related development — means development in the Waraba priority development area or PDA-associated development for the Waraba priority development area; but does not include development the subject of a development approval given for an application made during the prohibition period.\n- (a) is accepted development under a categorising instrument in effect immediately before the Waraba priority development area was declared; or\n- (b) is a material change of use of premises that the Moreton Bay City Council’s planning scheme, table 5.9.3.1.1— (i) includes in the interim activities activity group; and (ii) states is assessable development requiring code assessment; or\n- (i) includes in the interim activities activity group; and\n- (ii) states is assessable development requiring code assessment; or\n- (c) is, or is for, reconfiguring a lot to which schedule 12 applies; or\n- (d) is, or is for, reconfiguring a lot to rearrange the boundaries of the lot; or\n- (e) is carried out under a development permit given for an application that was properly made before 27 July 2022; or\n- (f) is consistent with a development approval— (i) in effect for the premises on which the development is carried out; and (ii) given for an application that was properly made before 27 July 2022; or\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 27 July 2022; or\n- (g) is Waraba PDA-related development.\n- (i) includes in the interim activities activity group; and\n- (ii) states is assessable development requiring code assessment; or\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 27 July 2022; or\n- (a) means development in the Waraba priority development area or PDA-associated development for the Waraba priority development area; but\n- (b) does not include development the subject of a development approval given for an application made during the prohibition period.","sortOrder":281},{"sectionNumber":"sch.10-sec.3B","sectionType":"section","heading":"Prohibited development—particular development in Caboolture West growth area","content":"### sch.10-sec.3B Prohibited development—particular development in Caboolture West growth area\n\nDevelopment on a State school site in the Caboolture West growth area is prohibited development.\nHowever, subsection (1) does not apply to the extent the development—\nis for a State school under the Education (General Provisions) Act 2006 ; or\nis operational work that is—\nfilling or excavating, including, for example, bulk earthworks; or\nextracting gravel, rock, sand or soil; or\nthe clearing of vegetation; or\nfor a stormwater drain; or\nfor road transport infrastructure; or\nfor street lighting, a transmission grid or a supply network; or\nlandscaping; or\nis operational work required under a water approval under the SEQ Water Act ; or\nis for reconfiguring a lot that includes all or part of a State school site and the reconfiguration does not result in land within the State school site being reconfigured in a way mentioned in schedule 2 of the Act , definition reconfiguring a lot , paragraph (a) , (d) or (e) ; or\nis Waraba PDA-related development.\nIn this section—\nWaraba PDA-related development —\nmeans development in the Waraba priority development area or PDA-associated development for the Waraba priority development area; but\ndoes not include development the subject of an application properly made before the Waraba priority development area was declared.\nsch 10 s 3B ins 2023 SL No. 13 s 5\namd 2024 SL No. 138 s 7\n(sch.10-sec.3B-ssec.1) Development on a State school site in the Caboolture West growth area is prohibited development.\n(sch.10-sec.3B-ssec.2) However, subsection (1) does not apply to the extent the development— is for a State school under the Education (General Provisions) Act 2006 ; or is operational work that is— filling or excavating, including, for example, bulk earthworks; or extracting gravel, rock, sand or soil; or the clearing of vegetation; or for a stormwater drain; or for road transport infrastructure; or for street lighting, a transmission grid or a supply network; or landscaping; or is operational work required under a water approval under the SEQ Water Act ; or is for reconfiguring a lot that includes all or part of a State school site and the reconfiguration does not result in land within the State school site being reconfigured in a way mentioned in schedule 2 of the Act , definition reconfiguring a lot , paragraph (a) , (d) or (e) ; or is Waraba PDA-related development.\n(sch.10-sec.3B-ssec.3) In this section— Waraba PDA-related development — means development in the Waraba priority development area or PDA-associated development for the Waraba priority development area; but does not include development the subject of an application properly made before the Waraba priority development area was declared.\n- (a) is for a State school under the Education (General Provisions) Act 2006 ; or\n- (b) is operational work that is— (i) filling or excavating, including, for example, bulk earthworks; or (ii) extracting gravel, rock, sand or soil; or (iii) the clearing of vegetation; or (iv) for a stormwater drain; or (v) for road transport infrastructure; or (vi) for street lighting, a transmission grid or a supply network; or (vii) landscaping; or\n- (i) filling or excavating, including, for example, bulk earthworks; or\n- (ii) extracting gravel, rock, sand or soil; or\n- (iii) the clearing of vegetation; or\n- (iv) for a stormwater drain; or\n- (v) for road transport infrastructure; or\n- (vi) for street lighting, a transmission grid or a supply network; or\n- (vii) landscaping; or\n- (c) is operational work required under a water approval under the SEQ Water Act ; or\n- (d) is for reconfiguring a lot that includes all or part of a State school site and the reconfiguration does not result in land within the State school site being reconfigured in a way mentioned in schedule 2 of the Act , definition reconfiguring a lot , paragraph (a) , (d) or (e) ; or\n- (e) is Waraba PDA-related development.\n- (i) filling or excavating, including, for example, bulk earthworks; or\n- (ii) extracting gravel, rock, sand or soil; or\n- (iii) the clearing of vegetation; or\n- (iv) for a stormwater drain; or\n- (v) for road transport infrastructure; or\n- (vi) for street lighting, a transmission grid or a supply network; or\n- (vii) landscaping; or\n- (a) means development in the Waraba priority development area or PDA-associated development for the Waraba priority development area; but\n- (b) does not include development the subject of an application properly made before the Waraba priority development area was declared.","sortOrder":282},{"sectionNumber":"sch.10-pt.2A-div.2","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":283},{"sectionNumber":"sch.10-sec.3C","sectionType":"section","heading":"Assessable development—particular operational work in Caboolture West growth area","content":"### sch.10-sec.3C Assessable development—particular operational work in Caboolture West growth area\n\nDevelopment on a State school site in the Caboolture West growth area is assessable development to the extent the development is operational work that is—\nfilling or excavating, including, for example, bulk earthworks; or\nextracting gravel, rock, sand or soil; or\nthe clearing of vegetation; or\nfor a stormwater drain; or\nfor road transport infrastructure; or\nfor street lighting, a transmission grid or a supply network; or\nlandscaping.\nHowever, subsection (1) does not apply to the extent the development is PDA assessable development for the Waraba priority development area.\nIn this section—\nPDA assessable development see the Economic Development Act , section 33 (3) .\nsch 10 s 3C ins 2023 SL No. 13 s 5\namd 2024 SL No. 138 s 8\n(sch.10-sec.3C-ssec.1) Development on a State school site in the Caboolture West growth area is assessable development to the extent the development is operational work that is— filling or excavating, including, for example, bulk earthworks; or extracting gravel, rock, sand or soil; or the clearing of vegetation; or for a stormwater drain; or for road transport infrastructure; or for street lighting, a transmission grid or a supply network; or landscaping.\n(sch.10-sec.3C-ssec.2) However, subsection (1) does not apply to the extent the development is PDA assessable development for the Waraba priority development area.\n(sch.10-sec.3C-ssec.3) In this section— PDA assessable development see the Economic Development Act , section 33 (3) .\n- (a) filling or excavating, including, for example, bulk earthworks; or\n- (b) extracting gravel, rock, sand or soil; or\n- (c) the clearing of vegetation; or\n- (d) for a stormwater drain; or\n- (e) for road transport infrastructure; or\n- (f) for street lighting, a transmission grid or a supply network; or\n- (g) landscaping.","sortOrder":284},{"sectionNumber":"sch.10-pt.2A-div.3","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":285},{"sectionNumber":"sch.10-pt.3","sectionType":"part","heading":"Clearing native vegetation","content":"# Clearing native vegetation","sortOrder":286},{"sectionNumber":"sch.10-pt.3-div.1","sectionType":"division","heading":"Prohibited development","content":"## Prohibited development","sortOrder":287},{"sectionNumber":"sch.10-sec.4","sectionType":"section","heading":"Prohibited development—clearing native vegetation other than for a relevant purpose","content":"### sch.10-sec.4 Prohibited development—clearing native vegetation other than for a relevant purpose\n\nOperational work that is the clearing of native vegetation on prescribed land is prohibited development to the extent the work—\nis not for a relevant purpose under the Vegetation Management Act , section 22A ; and\nis not exempt clearing work; and\nis not accepted development under schedule 7 , part 3 , section 12 .\nA material change of use that is assessable development under a local categorising instrument is prohibited development if and to the extent—\nthe material change of use involves operational work that is prohibited development under subsection (1) , other than operational work approved under a development approval; and\nthe chief executive would, because of the clearing, be a referral agency for the material change of use under division 4 , table 3 if a development application were made for the material change of use.\n(sch.10-sec.4-ssec.1) Operational work that is the clearing of native vegetation on prescribed land is prohibited development to the extent the work— is not for a relevant purpose under the Vegetation Management Act , section 22A ; and is not exempt clearing work; and is not accepted development under schedule 7 , part 3 , section 12 .\n(sch.10-sec.4-ssec.2) A material change of use that is assessable development under a local categorising instrument is prohibited development if and to the extent— the material change of use involves operational work that is prohibited development under subsection (1) , other than operational work approved under a development approval; and the chief executive would, because of the clearing, be a referral agency for the material change of use under division 4 , table 3 if a development application were made for the material change of use.\n- (a) is not for a relevant purpose under the Vegetation Management Act , section 22A ; and\n- (b) is not exempt clearing work; and\n- (c) is not accepted development under schedule 7 , part 3 , section 12 .\n- (a) the material change of use involves operational work that is prohibited development under subsection (1) , other than operational work approved under a development approval; and\n- (b) the chief executive would, because of the clearing, be a referral agency for the material change of use under division 4 , table 3 if a development application were made for the material change of use.","sortOrder":288},{"sectionNumber":"sch.10-pt.3-div.2","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":289},{"sectionNumber":"sch.10-sec.5","sectionType":"section","heading":"Assessable development—clearing native vegetation on prescribed land","content":"### sch.10-sec.5 Assessable development—clearing native vegetation on prescribed land\n\nOperational work that is the clearing of native vegetation on prescribed land is assessable development, unless the clearing is—\nexempt clearing work; or\naccepted development under schedule 7 , part 3 , section 12 .\n- (a) exempt clearing work; or\n- (b) accepted development under schedule 7 , part 3 , section 12 .","sortOrder":290},{"sectionNumber":"sch.10-pt.3-div.3","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":291},{"sectionNumber":"sch.10-pt.3-div.4","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":292},{"sectionNumber":"sch.10-pt.4","sectionType":"part","heading":"Contaminated land","content":"# Contaminated land","sortOrder":293},{"sectionNumber":"sch.10-pt.4-div.1","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":294},{"sectionNumber":"sch.10-sec.6","sectionType":"section","heading":"Assessable development—material change of use on contaminated land","content":"### sch.10-sec.6 Assessable development—material change of use on contaminated land\n\nA material change of use of premises is assessable development if—\nall or part of the premises are on—\nthe contaminated land register; or\nthe environmental management register; and\nthe premises are not being used for a sensitive land use; and\nthe material change of use involves—\na sensitive land use; or\na commercial use involving an accessible underground facility, including, for example, a basement car park, workshop or office; and\nneither the contaminated land register nor the environmental management register state that the premises are suitable for the proposed use in accordance with a site suitability statement for the premises.\nsch 10 s 6 amd 2017 SL No. 201 s 4 (2) – (4)\n- (a) all or part of the premises are on— (i) the contaminated land register; or (ii) the environmental management register; and\n- (i) the contaminated land register; or\n- (ii) the environmental management register; and\n- (b) the premises are not being used for a sensitive land use; and\n- (c) the material change of use involves— (i) a sensitive land use; or (ii) a commercial use involving an accessible underground facility, including, for example, a basement car park, workshop or office; and\n- (i) a sensitive land use; or\n- (ii) a commercial use involving an accessible underground facility, including, for example, a basement car park, workshop or office; and\n- (d) neither the contaminated land register nor the environmental management register state that the premises are suitable for the proposed use in accordance with a site suitability statement for the premises.\n- (i) the contaminated land register; or\n- (ii) the environmental management register; and\n- (i) a sensitive land use; or\n- (ii) a commercial use involving an accessible underground facility, including, for example, a basement car park, workshop or office; and","sortOrder":295},{"sectionNumber":"sch.10-pt.4-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":296},{"sectionNumber":"sch.10-pt.4-div.3","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":297},{"sectionNumber":"sch.10-pt.5","sectionType":"part","heading":"Environmentally relevant activities","content":"# Environmentally relevant activities","sortOrder":298},{"sectionNumber":"sch.10-pt.5-div.1","sectionType":"division","heading":"Prohibited development","content":"## Prohibited development","sortOrder":299},{"sectionNumber":"sch.10-sec.7","sectionType":"section","heading":"Prohibited development—development in North Stradbroke Island Region","content":"### sch.10-sec.7 Prohibited development—development in North Stradbroke Island Region\n\nDevelopment in the North Stradbroke Island Region is prohibited development—\nif the development is for an environmentally relevant activity stated in the Environmental Protection Regulation , schedule 2 , part 4 , section 16 ; and\nto the extent the development involves dredging or extracting more than 10,000t of material a year.\nIn this section—\nNorth Stradbroke Island Region see the North Stradbroke Island Protection and Sustainability Act 2011 , section 5 .\n(sch.10-sec.7-ssec.1) Development in the North Stradbroke Island Region is prohibited development— if the development is for an environmentally relevant activity stated in the Environmental Protection Regulation , schedule 2 , part 4 , section 16 ; and to the extent the development involves dredging or extracting more than 10,000t of material a year.\n(sch.10-sec.7-ssec.2) In this section— North Stradbroke Island Region see the North Stradbroke Island Protection and Sustainability Act 2011 , section 5 .\n- (a) if the development is for an environmentally relevant activity stated in the Environmental Protection Regulation , schedule 2 , part 4 , section 16 ; and\n- (b) to the extent the development involves dredging or extracting more than 10,000t of material a year.","sortOrder":300},{"sectionNumber":"sch.10-pt.5-div.2","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":301},{"sectionNumber":"sch.10-sec.8","sectionType":"section","heading":"Assessable development—material change of use for an environmentally relevant activity","content":"### sch.10-sec.8 Assessable development—material change of use for an environmentally relevant activity\n\nA material change of use of premises for an environmentally relevant activity is assessable development, if the activity is a concurrence ERA (the relevant ERA ).\nHowever, subsection (1) does not apply if—\nan environmental authority to carry out a concurrence ERA has been approved for the premises; and\nthe relevant ERA and concurrence ERA are to be carried out under the environmental authority; and\nthe relevant ERA has a lower aggregate environmental score than the concurrence ERA.\n(sch.10-sec.8-ssec.1) A material change of use of premises for an environmentally relevant activity is assessable development, if the activity is a concurrence ERA (the relevant ERA ).\n(sch.10-sec.8-ssec.2) However, subsection (1) does not apply if— an environmental authority to carry out a concurrence ERA has been approved for the premises; and the relevant ERA and concurrence ERA are to be carried out under the environmental authority; and the relevant ERA has a lower aggregate environmental score than the concurrence ERA.\n- (a) an environmental authority to carry out a concurrence ERA has been approved for the premises; and\n- (b) the relevant ERA and concurrence ERA are to be carried out under the environmental authority; and\n- (c) the relevant ERA has a lower aggregate environmental score than the concurrence ERA.","sortOrder":302},{"sectionNumber":"sch.10-pt.5-div.3","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":303},{"sectionNumber":"sch.10-pt.5-div.4","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":304},{"sectionNumber":"sch.10-pt.6","sectionType":"part","heading":"Fisheries","content":"# Fisheries","sortOrder":305},{"sectionNumber":"sch.10-pt.6-div.1","sectionType":"division","heading":"Aquaculture","content":"## Aquaculture","sortOrder":306},{"sectionNumber":"sch.10-sec.9","sectionType":"section","heading":"Assessable development—material change of use for aquaculture","content":"### sch.10-sec.9 Assessable development—material change of use for aquaculture\n\nA material change of use of premises for aquaculture is assessable development, unless the material change of use is accepted development under schedule 7 , part 2 , section 3 .","sortOrder":307},{"sectionNumber":"sch.10-pt.6-div.2","sectionType":"division","heading":"Declared fish habitat area","content":"## Declared fish habitat area","sortOrder":308},{"sectionNumber":"sch.10-sec.10","sectionType":"section","heading":"Assessable development—operational work in declared fish habitat area","content":"### sch.10-sec.10 Assessable development—operational work in declared fish habitat area\n\nOperational work completely or partly in a declared fish habitat area is assessable development, unless the work is accepted development under schedule 7 , part 3 , section 7 .","sortOrder":309},{"sectionNumber":"sch.10-pt.6-div.3","sectionType":"division","heading":"Marine plants","content":"## Marine plants","sortOrder":310},{"sectionNumber":"sch.10-sec.11","sectionType":"section","heading":"Assessable development—operational work involving marine plants","content":"### sch.10-sec.11 Assessable development—operational work involving marine plants\n\nOperational work that is the removal, destruction or damage of a marine plant is assessable development, unless the work is—\naccepted development under schedule 7 , part 3 , section 8 ; or\nfor reconfiguring a lot that is assessable development under section 21 , or for a material change of use that is assessable development, and both of the following apply—\na development permit is in effect for the reconfiguration or material change of use;\nthe chief executive, or the chief executive (fisheries), had functions and powers as a referral agency or prescribed assessment manager in relation to the removal, destruction or damage of marine plants for the development application for the development permit; or\nPDA-related development.\n- (a) accepted development under schedule 7 , part 3 , section 8 ; or\n- (b) for reconfiguring a lot that is assessable development under section 21 , or for a material change of use that is assessable development, and both of the following apply— (i) a development permit is in effect for the reconfiguration or material change of use; (ii) the chief executive, or the chief executive (fisheries), had functions and powers as a referral agency or prescribed assessment manager in relation to the removal, destruction or damage of marine plants for the development application for the development permit; or\n- (i) a development permit is in effect for the reconfiguration or material change of use;\n- (ii) the chief executive, or the chief executive (fisheries), had functions and powers as a referral agency or prescribed assessment manager in relation to the removal, destruction or damage of marine plants for the development application for the development permit; or\n- (c) PDA-related development.\n- (i) a development permit is in effect for the reconfiguration or material change of use;\n- (ii) the chief executive, or the chief executive (fisheries), had functions and powers as a referral agency or prescribed assessment manager in relation to the removal, destruction or damage of marine plants for the development application for the development permit; or","sortOrder":311},{"sectionNumber":"sch.10-pt.6-div.4","sectionType":"division","heading":"Waterway barrier works","content":"## Waterway barrier works","sortOrder":312},{"sectionNumber":"sch.10-sec.12","sectionType":"section","heading":"Assessable development—operational work for waterway barrier works","content":"### sch.10-sec.12 Assessable development—operational work for waterway barrier works\n\nOperational work that is constructing or raising waterway barrier works is assessable development, unless the work is accepted development under schedule 7 , part 3 , section 6 , 6A or 6B .\nsch 10 s 12 amd 2025 SL No. 149 s 25","sortOrder":313},{"sectionNumber":"sch.10-pt.7","sectionType":"part","heading":"Hazardous chemical facilities","content":"# Hazardous chemical facilities","sortOrder":314},{"sectionNumber":"sch.10-pt.7-div.1","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":315},{"sectionNumber":"sch.10-sec.13","sectionType":"section","heading":"Assessable development—material change of use for a hazardous chemical facility","content":"### sch.10-sec.13 Assessable development—material change of use for a hazardous chemical facility\n\nA material change of use for a hazardous chemical facility is assessable development.","sortOrder":316},{"sectionNumber":"sch.10-pt.7-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":317},{"sectionNumber":"sch.10-pt.7-div.3","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":318},{"sectionNumber":"sch.10-pt.8","sectionType":"part","heading":"Heritage places","content":"# Heritage places","sortOrder":319},{"sectionNumber":"sch.10-pt.8-div.1","sectionType":"division","heading":"Local heritage places","content":"## Local heritage places","sortOrder":320},{"sectionNumber":"sch.10-sec.14","sectionType":"section","heading":"Assessable development—development on local heritage place","content":"### sch.10-sec.14 Assessable development—development on local heritage place\n\nDevelopment on a local heritage place, other than a Queensland heritage place, is assessable development, unless—\nthe development is building work carried out by or for—\nthe State; or\na public sector entity; or\nthe development is carried out by the State on designated premises; or\nthe development is stated in schedule 6 ; or\nan exemption certificate under the Heritage Act has been given for the development by the chief executive officer of the local government for the local government area where the place is.\nFor development on a local heritage place on airport land, see also the Airport Assets Act , section 54 .\nFor development on a local heritage place on Brisbane core port land, see also the Transport Infrastructure Act , section 283ZV .\n- (a) the development is building work carried out by or for— (i) the State; or (ii) a public sector entity; or\n- (i) the State; or\n- (ii) a public sector entity; or\n- (b) the development is carried out by the State on designated premises; or\n- (c) the development is stated in schedule 6 ; or\n- (d) an exemption certificate under the Heritage Act has been given for the development by the chief executive officer of the local government for the local government area where the place is.\n- (i) the State; or\n- (ii) a public sector entity; or\n- 1 For development on a local heritage place on airport land, see also the Airport Assets Act , section 54 .\n- 2 For development on a local heritage place on Brisbane core port land, see also the Transport Infrastructure Act , section 283ZV .","sortOrder":321},{"sectionNumber":"sch.10-pt.8-div.2","sectionType":"division","heading":"Queensland heritage place","content":"## Queensland heritage place","sortOrder":322},{"sectionNumber":"sch.10-sec.15","sectionType":"section","heading":"Assessable development—development on or adjoining a Queensland heritage place","content":"### sch.10-sec.15 Assessable development—development on or adjoining a Queensland heritage place\n\nDevelopment on a Queensland heritage place is assessable development, unless—\nan exemption certificate under the Heritage Act has been given for the development by the chief executive of the department in which that Act is administered; or\nthe development is, under section 78 of that Act, liturgical development; or\nthe development is carried out by the State; or\nthe development is PDA-related development; or\nthe development is carried out for the cross river rail project.\nA material change of use of premises is assessable development, if—\nthe material change of use is carried out on a lot that shares a common boundary with another lot that is or contains a Queensland heritage place; or\nthe material change of use is carried out on a lot that contains a Queensland heritage place, but is not carried out on the Queensland heritage place.\nHowever, subsection (2) does not apply if 1 or more of the following apply—\nthe Queensland heritage place is an archaeological State heritage place as defined under the Heritage Act , schedule;\nthe material change of use is carried out more than 75m from the boundary of the Queensland heritage place;\nthe material change of use is for a single storey dwelling house only;\nthe material change of use is for a dwelling house only and all buildings constructed as part of the use are more than 25m from the boundary of the Queensland heritage place;\nall buildings and structures, other than dwelling houses, constructed as part of the material change of use have a height of less than 3.5m;\nthe material change of use involves only alterations to existing buildings and structures, with all alterations to the exterior of a building or structure being minor building work;\nthe material change of use is PDA-related development.\nIn this section—\ncross river rail project means the project known as the cross river rail project described in—\nthe Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development Act ; and\nany Coordinator-General’s change report for the project under that Act.\n(sch.10-sec.15-ssec.1) Development on a Queensland heritage place is assessable development, unless— an exemption certificate under the Heritage Act has been given for the development by the chief executive of the department in which that Act is administered; or the development is, under section 78 of that Act, liturgical development; or the development is carried out by the State; or the development is PDA-related development; or the development is carried out for the cross river rail project.\n(sch.10-sec.15-ssec.2) A material change of use of premises is assessable development, if— the material change of use is carried out on a lot that shares a common boundary with another lot that is or contains a Queensland heritage place; or the material change of use is carried out on a lot that contains a Queensland heritage place, but is not carried out on the Queensland heritage place.\n(sch.10-sec.15-ssec.3) However, subsection (2) does not apply if 1 or more of the following apply— the Queensland heritage place is an archaeological State heritage place as defined under the Heritage Act , schedule; the material change of use is carried out more than 75m from the boundary of the Queensland heritage place; the material change of use is for a single storey dwelling house only; the material change of use is for a dwelling house only and all buildings constructed as part of the use are more than 25m from the boundary of the Queensland heritage place; all buildings and structures, other than dwelling houses, constructed as part of the material change of use have a height of less than 3.5m; the material change of use involves only alterations to existing buildings and structures, with all alterations to the exterior of a building or structure being minor building work; the material change of use is PDA-related development.\n(sch.10-sec.15-ssec.4) In this section— cross river rail project means the project known as the cross river rail project described in— the Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development Act ; and any Coordinator-General’s change report for the project under that Act.\n- (a) an exemption certificate under the Heritage Act has been given for the development by the chief executive of the department in which that Act is administered; or\n- (b) the development is, under section 78 of that Act, liturgical development; or\n- (c) the development is carried out by the State; or\n- (d) the development is PDA-related development; or\n- (e) the development is carried out for the cross river rail project.\n- (a) the material change of use is carried out on a lot that shares a common boundary with another lot that is or contains a Queensland heritage place; or\n- (b) the material change of use is carried out on a lot that contains a Queensland heritage place, but is not carried out on the Queensland heritage place.\n- (a) the Queensland heritage place is an archaeological State heritage place as defined under the Heritage Act , schedule;\n- (b) the material change of use is carried out more than 75m from the boundary of the Queensland heritage place;\n- (c) the material change of use is for a single storey dwelling house only;\n- (d) the material change of use is for a dwelling house only and all buildings constructed as part of the use are more than 25m from the boundary of the Queensland heritage place;\n- (e) all buildings and structures, other than dwelling houses, constructed as part of the material change of use have a height of less than 3.5m;\n- (f) the material change of use involves only alterations to existing buildings and structures, with all alterations to the exterior of a building or structure being minor building work;\n- (g) the material change of use is PDA-related development.\n- (a) the Coordinator-General’s report for the environmental impact statement for the project, dated December 2012, under the State Development Act ; and\n- (b) any Coordinator-General’s change report for the project under that Act.","sortOrder":323},{"sectionNumber":"sch.10-pt.9","sectionType":"part","heading":"Infrastructure-related referrals","content":"# Infrastructure-related referrals","sortOrder":324},{"sectionNumber":"sch.10-pt.9-div.1","sectionType":"division","heading":"Designated premises—referral agency’s assessment","content":"## Designated premises—referral agency’s assessment","sortOrder":325},{"sectionNumber":"sch.10-pt.9-div.2","sectionType":"division","heading":"Electricity infrastructure—referral agency’s assessment","content":"## Electricity infrastructure—referral agency’s assessment","sortOrder":326},{"sectionNumber":"sch.10-pt.9-div.3","sectionType":"division","heading":"Oil and gas infrastructure—referral agency’s assessment","content":"## Oil and gas infrastructure—referral agency’s assessment","sortOrder":327},{"sectionNumber":"sch.10-pt.9-div.4","sectionType":"division","heading":"State transport infrastructure—referral agency’s assessment","content":"## State transport infrastructure—referral agency’s assessment","sortOrder":328},{"sectionNumber":"sch.10-pt.10","sectionType":"part","heading":"Koala habitat in SEQ region","content":"# Koala habitat in SEQ region","sortOrder":329},{"sectionNumber":"sch.10-pt.10-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":330},{"sectionNumber":"sch.10-sec.16","sectionType":"section","heading":"Application of part","content":"### sch.10-sec.16 Application of part\n\nThis part applies in relation to development on a lot that is completely or partly in the SEQ region.\nsch 10 s 16 amd 2017 SL No. 201 s 4 (7)\nsub 2020 SL No. 9 s 31","sortOrder":331},{"sectionNumber":"sch.10-pt.10-div.2","sectionType":"division","heading":"Prohibited development","content":"## Prohibited development","sortOrder":332},{"sectionNumber":"sch.10-sec.16A","sectionType":"section","heading":"Prohibited development—development interfering with koala habitat in koala priority area and koala habitat area","content":"### sch.10-sec.16A Prohibited development—development interfering with koala habitat in koala priority area and koala habitat area\n\nDevelopment is prohibited development to the extent the development involves interfering with koala habitat in an area that is both—\na koala priority area; and\na koala habitat area.\nHowever, subsection (1) does not apply to the extent the development—\nis exempted development; or\nis assessable development under section 16C ; or\nis in an identified koala broad-hectare area and is—\naccepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or\nreconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or\nis carried out under a development permit given for an application that was properly made before 7 February 2020; or\nis consistent with a development approval—\nin effect for the premises on which the development is carried out; and\ngiven for an application that was properly made before 7 February 2020.\nsch 10 s 16A ins 2020 SL No. 9 s 31\n(sch.10-sec.16A-ssec.1) Development is prohibited development to the extent the development involves interfering with koala habitat in an area that is both— a koala priority area; and a koala habitat area.\n(sch.10-sec.16A-ssec.2) However, subsection (1) does not apply to the extent the development— is exempted development; or is assessable development under section 16C ; or is in an identified koala broad-hectare area and is— accepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or reconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or is carried out under a development permit given for an application that was properly made before 7 February 2020; or is consistent with a development approval— in effect for the premises on which the development is carried out; and given for an application that was properly made before 7 February 2020.\n- (a) a koala priority area; and\n- (b) a koala habitat area.\n- (a) is exempted development; or\n- (b) is assessable development under section 16C ; or\n- (c) is in an identified koala broad-hectare area and is— (i) accepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or (ii) reconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or\n- (i) accepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or\n- (ii) reconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or\n- (d) is carried out under a development permit given for an application that was properly made before 7 February 2020; or\n- (e) is consistent with a development approval— (i) in effect for the premises on which the development is carried out; and (ii) given for an application that was properly made before 7 February 2020.\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 7 February 2020.\n- (i) accepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or\n- (ii) reconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 7 February 2020.","sortOrder":333},{"sectionNumber":"sch.10-pt.10-div.3","sectionType":"division","heading":"Development interfering with koala habitat in koala habitat areas outside koala priority areas","content":"## Development interfering with koala habitat in koala habitat areas outside koala priority areas","sortOrder":334},{"sectionNumber":"sch.10-sec.16B","sectionType":"section","heading":"Assessable development—development interfering with koala habitat in koala habitat areas outside koala priority areas","content":"### sch.10-sec.16B Assessable development—development interfering with koala habitat in koala habitat areas outside koala priority areas\n\nDevelopment is assessable development to the extent the development involves interfering with koala habitat in an area that—\nis a koala habitat area; but\nis not a koala priority area.\nHowever, subsection (1) does not apply to the extent the development—\nis exempted development; or\nis assessable development under section 16C ; or\nis in an identified koala broad-hectare area and is—\naccepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or\nreconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or\nis carried out under a development permit given for an application that was properly made before 7 February 2020; or\nis consistent with a development approval—\nin effect for the premises on which the development is carried out; and\ngiven for an application that was properly made before 7 February 2020.\nsch 10 s 16B ins 2020 SL No. 9 s 31\n(sch.10-sec.16B-ssec.1) Development is assessable development to the extent the development involves interfering with koala habitat in an area that— is a koala habitat area; but is not a koala priority area.\n(sch.10-sec.16B-ssec.2) However, subsection (1) does not apply to the extent the development— is exempted development; or is assessable development under section 16C ; or is in an identified koala broad-hectare area and is— accepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or reconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or is carried out under a development permit given for an application that was properly made before 7 February 2020; or is consistent with a development approval— in effect for the premises on which the development is carried out; and given for an application that was properly made before 7 February 2020.\n- (a) is a koala habitat area; but\n- (b) is not a koala priority area.\n- (a) is exempted development; or\n- (b) is assessable development under section 16C ; or\n- (c) is in an identified koala broad-hectare area and is— (i) accepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or (ii) reconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or\n- (i) accepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or\n- (ii) reconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or\n- (d) is carried out under a development permit given for an application that was properly made before 7 February 2020; or\n- (e) is consistent with a development approval— (i) in effect for the premises on which the development is carried out; and (ii) given for an application that was properly made before 7 February 2020.\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 7 February 2020.\n- (i) accepted development, or assessable development, under a local categorising instrument, other than development that is for an extractive industry and is not assessable development under section 16C ; or\n- (ii) reconfiguring a lot that is assessable development under part 14 , division 1 , section 21 ; or\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 7 February 2020.","sortOrder":335},{"sectionNumber":"sch.10-pt.10-div.4","sectionType":"division","heading":"Key resource areas","content":"## Key resource areas","sortOrder":336},{"sectionNumber":"sch.10-sec.16C","sectionType":"section","heading":"Assessable development—development for extractive industries in key resource areas","content":"### sch.10-sec.16C Assessable development—development for extractive industries in key resource areas\n\nDevelopment that involves interfering with koala habitat in a koala habitat area is assessable development to the extent the development is carried out in a key resource area and is for an extractive industry.\nHowever, subsection (1) does not apply to the extent the development—\nis exempted development; or\nis carried out under a development permit given for an application that was properly made before 7 February 2020; or\nis consistent with a development approval—\nin effect for the premises on which the development is carried out; and\ngiven for an application that was properly made before 7 February 2020.\nsch 10 s 16C ins 2020 SL No. 9 s 31\n(sch.10-sec.16C-ssec.1) Development that involves interfering with koala habitat in a koala habitat area is assessable development to the extent the development is carried out in a key resource area and is for an extractive industry.\n(sch.10-sec.16C-ssec.2) However, subsection (1) does not apply to the extent the development— is exempted development; or is carried out under a development permit given for an application that was properly made before 7 February 2020; or is consistent with a development approval— in effect for the premises on which the development is carried out; and given for an application that was properly made before 7 February 2020.\n- (a) is exempted development; or\n- (b) is carried out under a development permit given for an application that was properly made before 7 February 2020; or\n- (c) is consistent with a development approval— (i) in effect for the premises on which the development is carried out; and (ii) given for an application that was properly made before 7 February 2020.\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 7 February 2020.\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 7 February 2020.","sortOrder":337},{"sectionNumber":"sch.10-pt.10-div.5","sectionType":"division","heading":"Development on premises in koala priority areas not interfering with koala habitat—assessment by assessment manager","content":"## Development on premises in koala priority areas not interfering with koala habitat—assessment by assessment manager","sortOrder":338},{"sectionNumber":"sch.10-pt.10-div.6","sectionType":"division","heading":"Development in identified koala broad-hectare areas—assessment by assessment manager","content":"## Development in identified koala broad-hectare areas—assessment by assessment manager","sortOrder":339},{"sectionNumber":"sch.10-pt.11","sectionType":"part","heading":"Noise sensitive place on noise attenuation land","content":"# Noise sensitive place on noise attenuation land","sortOrder":340},{"sectionNumber":"sch.10-sec.17","sectionType":"section","heading":"Prohibited development—material change of use for a noise sensitive place","content":"### sch.10-sec.17 Prohibited development—material change of use for a noise sensitive place\n\nA material change of use of premises for a noise sensitive place is prohibited development, if—\nthe use is on a part of the premises that—\nis noise attenuation land; and\nhas noise levels exceeding 45dBA(L Aeq ) during the operation of an off-road motorcycling facility on off-road motorcycling facility land; and\nany building work for the use does not comply with the outcomes prescribed for noise category 2 in the Queensland Development Code, part 4.4 .\n- (a) the use is on a part of the premises that— (i) is noise attenuation land; and (ii) has noise levels exceeding 45dBA(L Aeq ) during the operation of an off-road motorcycling facility on off-road motorcycling facility land; and\n- (i) is noise attenuation land; and\n- (ii) has noise levels exceeding 45dBA(L Aeq ) during the operation of an off-road motorcycling facility on off-road motorcycling facility land; and\n- (b) any building work for the use does not comply with the outcomes prescribed for noise category 2 in the Queensland Development Code, part 4.4 .\n- (i) is noise attenuation land; and\n- (ii) has noise levels exceeding 45dBA(L Aeq ) during the operation of an off-road motorcycling facility on off-road motorcycling facility land; and","sortOrder":341},{"sectionNumber":"sch.10-pt.12","sectionType":"part","heading":"Operational work for reconfiguring a lot","content":"# Operational work for reconfiguring a lot","sortOrder":342},{"sectionNumber":"sch.10-pt.12-div.1","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":343},{"sectionNumber":"sch.10-sec.18","sectionType":"section","heading":"Assessable development—operational work for reconfiguring a lot","content":"### sch.10-sec.18 Assessable development—operational work for reconfiguring a lot\n\nOperational work for reconfiguring a lot is assessable development, if the reconfiguration is also assessable development.","sortOrder":344},{"sectionNumber":"sch.10-pt.12-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":345},{"sectionNumber":"sch.10-pt.13","sectionType":"part","heading":"Ports","content":"# Ports","sortOrder":346},{"sectionNumber":"sch.10-pt.13-div.1","sectionType":"division","heading":"Brisbane core port land","content":"## Brisbane core port land","sortOrder":347},{"sectionNumber":"sch.10-pt.13-div.2","sectionType":"division","heading":"Land within Port of Brisbane’s port limits—referral agency’s assessment","content":"## Land within Port of Brisbane’s port limits—referral agency’s assessment","sortOrder":348},{"sectionNumber":"sch.10-pt.13-div.3","sectionType":"division","heading":"Land within limits of another port—assessable development","content":"## Land within limits of another port—assessable development","sortOrder":349},{"sectionNumber":"sch.10-pt.13-div.4","sectionType":"division","heading":"Priority port’s master planned area","content":"## Priority port’s master planned area","sortOrder":350},{"sectionNumber":"sch.10-sec.19","sectionType":"section","heading":"Assessable development—development in priority port’s master planned area","content":"### sch.10-sec.19 Assessable development—development in priority port’s master planned area\n\nDevelopment in a priority port’s master planned area is assessable development if the port overlay for the master planned area states the development is assessable development.\nSee also the Sustainable Ports Development Act 2015 , section 19 (4) for particular development that a port overlay can not regulate.\nsch 10 s 19 amd 2019 SL No. 215 s 5","sortOrder":351},{"sectionNumber":"sch.10-pt.13-div.5","sectionType":"division","heading":"Strategic port land","content":"## Strategic port land","sortOrder":352},{"sectionNumber":"sch.10-sec.20","sectionType":"section","heading":"Assessable development—development on strategic port land","content":"### sch.10-sec.20 Assessable development—development on strategic port land\n\nDevelopment on strategic port land is assessable development, if—\neither—\nthe land use plan for the strategic port land states the development is assessable development; or\nthe development is a material change of use that is inconsistent with the land use plan; and\nfor premises in a priority port’s master planned area—the port overlay for the master planned area does not state a different category of development for the development.\n- (a) either— (i) the land use plan for the strategic port land states the development is assessable development; or (ii) the development is a material change of use that is inconsistent with the land use plan; and\n- (i) the land use plan for the strategic port land states the development is assessable development; or\n- (ii) the development is a material change of use that is inconsistent with the land use plan; and\n- (b) for premises in a priority port’s master planned area—the port overlay for the master planned area does not state a different category of development for the development.\n- (i) the land use plan for the strategic port land states the development is assessable development; or\n- (ii) the development is a material change of use that is inconsistent with the land use plan; and","sortOrder":353},{"sectionNumber":"sch.10-pt.14","sectionType":"part","heading":"Reconfiguring a lot under Land Title Act","content":"# Reconfiguring a lot under Land Title Act","sortOrder":354},{"sectionNumber":"sch.10-pt.14-div.1","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":355},{"sectionNumber":"sch.10-sec.21","sectionType":"section","heading":"Assessable development—reconfiguring a lot under Land Title Act","content":"### sch.10-sec.21 Assessable development—reconfiguring a lot under Land Title Act\n\nReconfiguring a lot under the Land Title Act is assessable development, unless the reconfiguration—\nis stated in schedule 6 , part 4 , section 21 (2) ; or\nis of a lot that is, or includes, Brisbane core port land; or\nFor reconfiguring a lot on Brisbane core port land, see the Transport Infrastructure Act , section 283ZM .\nis for reconfiguring a South Bank lot within the corporation area under the South Bank Corporation Act 1989 ; or\nis of a lot that is in a priority development area, or that is PDA-associated land for a priority development area, within the meaning of the Economic Development Act , schedule 1 .\n- (a) is stated in schedule 6 , part 4 , section 21 (2) ; or\n- (b) is of a lot that is, or includes, Brisbane core port land; or Note— For reconfiguring a lot on Brisbane core port land, see the Transport Infrastructure Act , section 283ZM .\n- (c) is for reconfiguring a South Bank lot within the corporation area under the South Bank Corporation Act 1989 ; or\n- (d) is of a lot that is in a priority development area, or that is PDA-associated land for a priority development area, within the meaning of the Economic Development Act , schedule 1 .","sortOrder":356},{"sectionNumber":"sch.10-pt.14-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":357},{"sectionNumber":"sch.10-pt.15","sectionType":"part","heading":"SEQ development areas and SEQ major enterprise and industrial areas","content":"# SEQ development areas and SEQ major enterprise and industrial areas","sortOrder":358},{"sectionNumber":"sch.10-pt.15-div.1","sectionType":"division","heading":"Category 1 SEQ development areas","content":"## Category 1 SEQ development areas","sortOrder":359},{"sectionNumber":"sch.10-sec.22","sectionType":"section","heading":"Prohibited development—reconfiguring a lot in a category 1 SEQ development area","content":"### sch.10-sec.22 Prohibited development—reconfiguring a lot in a category 1 SEQ development area\n\nReconfiguring a lot that is a subdivision and assessable development under section 21 is prohibited development to the extent the lot is in a category 1 SEQ development area.\nHowever, subsection (1) does not apply to the extent the reconfiguring of the lot is—\ncarried out under a development permit given for an application that was properly made before 20 September 2023; or\nconsistent with a development approval—\nin effect for the premises on which the development is carried out; and\ngiven for an application that was properly made before 20 September 2023; or\nfor a coordinated project; or\nin a State development area; or\nin a priority development area.\nsch 10 s 22 sub 2017 SL No. 141 s 12 (2) ; 2023 SL No. 195 s 7\n(sch.10-sec.22-ssec.1) Reconfiguring a lot that is a subdivision and assessable development under section 21 is prohibited development to the extent the lot is in a category 1 SEQ development area.\n(sch.10-sec.22-ssec.2) However, subsection (1) does not apply to the extent the reconfiguring of the lot is— carried out under a development permit given for an application that was properly made before 20 September 2023; or consistent with a development approval— in effect for the premises on which the development is carried out; and given for an application that was properly made before 20 September 2023; or for a coordinated project; or in a State development area; or in a priority development area.\n- (a) carried out under a development permit given for an application that was properly made before 20 September 2023; or\n- (b) consistent with a development approval— (i) in effect for the premises on which the development is carried out; and (ii) given for an application that was properly made before 20 September 2023; or\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 20 September 2023; or\n- (c) for a coordinated project; or\n- (d) in a State development area; or\n- (e) in a priority development area.\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 20 September 2023; or","sortOrder":360},{"sectionNumber":"sch.10-sec.22A","sectionType":"section","heading":"Prohibited development—material change of use in a category 1 SEQ development area","content":"### sch.10-sec.22A Prohibited development—material change of use in a category 1 SEQ development area\n\nA material change of use of premises is prohibited development to the extent the premises are in a category 1 SEQ development area.\nHowever, subsection (1) does not apply to the extent the development is—\na material change of use of premises for—\na dwelling house; or\na dwelling unit; or\ncaretaker’s accommodation; or\na home-based business; or\na rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or\ncarried out under a development permit given for an application that was properly made before 20 September 2023; or\nconsistent with a development approval—\nin effect for the premises on which the development is carried out; and\ngiven for an application that was properly made before 20 September 2023; or\nfor a coordinated project; or\nin a State development area; or\nin a priority development area.\nsch 10 s 22A ins 2023 SL No. 195 s 7\n(sch.10-sec.22A-ssec.1) A material change of use of premises is prohibited development to the extent the premises are in a category 1 SEQ development area.\n(sch.10-sec.22A-ssec.2) However, subsection (1) does not apply to the extent the development is— a material change of use of premises for— a dwelling house; or a dwelling unit; or caretaker’s accommodation; or a home-based business; or a rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or carried out under a development permit given for an application that was properly made before 20 September 2023; or consistent with a development approval— in effect for the premises on which the development is carried out; and given for an application that was properly made before 20 September 2023; or for a coordinated project; or in a State development area; or in a priority development area.\n- (a) a material change of use of premises for— (i) a dwelling house; or (ii) a dwelling unit; or (iii) caretaker’s accommodation; or (iv) a home-based business; or (v) a rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or\n- (i) a dwelling house; or\n- (ii) a dwelling unit; or\n- (iii) caretaker’s accommodation; or\n- (iv) a home-based business; or\n- (v) a rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or\n- (b) carried out under a development permit given for an application that was properly made before 20 September 2023; or\n- (c) consistent with a development approval— (i) in effect for the premises on which the development is carried out; and (ii) given for an application that was properly made before 20 September 2023; or\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 20 September 2023; or\n- (d) for a coordinated project; or\n- (e) in a State development area; or\n- (f) in a priority development area.\n- (i) a dwelling house; or\n- (ii) a dwelling unit; or\n- (iii) caretaker’s accommodation; or\n- (iv) a home-based business; or\n- (v) a rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 20 September 2023; or","sortOrder":361},{"sectionNumber":"sch.10-pt.15-div.2","sectionType":"division","heading":"Category 2 SEQ development areas","content":"## Category 2 SEQ development areas","sortOrder":362},{"sectionNumber":"sch.10-sec.22B","sectionType":"section","heading":"Assessable development—material change of use in a category 2 SEQ development area","content":"### sch.10-sec.22B Assessable development—material change of use in a category 2 SEQ development area\n\nA material change of use of premises that are completely or partly in a category 2 SEQ development area is assessable development.\nHowever, subsection (1) does not apply to the extent the development is—\na material change of use of premises for—\na dwelling house; or\na dwelling unit; or\ncaretaker’s accommodation; or\na home-based business; or\na rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or\nfor a coordinated project; or\nin a State development area; or\nin a priority development area.\nsch 10 s 22B ins 2023 SL No. 195 s 7\n(sch.10-sec.22B-ssec.1) A material change of use of premises that are completely or partly in a category 2 SEQ development area is assessable development.\n(sch.10-sec.22B-ssec.2) However, subsection (1) does not apply to the extent the development is— a material change of use of premises for— a dwelling house; or a dwelling unit; or caretaker’s accommodation; or a home-based business; or a rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or for a coordinated project; or in a State development area; or in a priority development area.\n- (a) a material change of use of premises for— (i) a dwelling house; or (ii) a dwelling unit; or (iii) caretaker’s accommodation; or (iv) a home-based business; or (v) a rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or\n- (i) a dwelling house; or\n- (ii) a dwelling unit; or\n- (iii) caretaker’s accommodation; or\n- (iv) a home-based business; or\n- (v) a rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or\n- (b) for a coordinated project; or\n- (c) in a State development area; or\n- (d) in a priority development area.\n- (i) a dwelling house; or\n- (ii) a dwelling unit; or\n- (iii) caretaker’s accommodation; or\n- (iv) a home-based business; or\n- (v) a rural activity, other than aquaculture, intensive animal industry, intensive horticulture or a permanent plantation, in a rural zone; or","sortOrder":363},{"sectionNumber":"sch.10-pt.15-div.3","sectionType":"division","heading":"SEQ major enterprise and industrial areas","content":"## SEQ major enterprise and industrial areas","sortOrder":364},{"sectionNumber":"sch.10-sec.22C","sectionType":"section","heading":"Prohibited development—material change of use in SEQ major enterprise and industrial area","content":"### sch.10-sec.22C Prohibited development—material change of use in SEQ major enterprise and industrial area\n\nA material change of use of premises for accommodation activity is prohibited development to the extent the premises are located in an industry zone in an SEQ major enterprise and industrial area.\nHowever, subsection (1) does not apply if the material change of use is—\nfor caretaker’s accommodation; or\nin an SEQ development area; or\ncarried out under a development permit given for an application that was properly made before 20 September 2023; or\nconsistent with a development approval—\nin effect for the premises on which the development is carried out; and\ngiven for an application that was properly made before 20 September 2023.\nIn this section—\nindustry zone means—\nany industry zone stated in schedule 2 ; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\nsch 10 s 22C ins 2023 SL No. 195 s 7\n(sch.10-sec.22C-ssec.1) A material change of use of premises for accommodation activity is prohibited development to the extent the premises are located in an industry zone in an SEQ major enterprise and industrial area.\n(sch.10-sec.22C-ssec.2) However, subsection (1) does not apply if the material change of use is— for caretaker’s accommodation; or in an SEQ development area; or carried out under a development permit given for an application that was properly made before 20 September 2023; or consistent with a development approval— in effect for the premises on which the development is carried out; and given for an application that was properly made before 20 September 2023.\n(sch.10-sec.22C-ssec.3) In this section— industry zone means— any industry zone stated in schedule 2 ; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\n- (a) for caretaker’s accommodation; or\n- (b) in an SEQ development area; or\n- (c) carried out under a development permit given for an application that was properly made before 20 September 2023; or\n- (d) consistent with a development approval— (i) in effect for the premises on which the development is carried out; and (ii) given for an application that was properly made before 20 September 2023.\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 20 September 2023.\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 20 September 2023.\n- (a) any industry zone stated in schedule 2 ; or\n- (b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .","sortOrder":365},{"sectionNumber":"sch.10-pt.16","sectionType":"part","heading":"SEQ regional landscape and rural production area and SEQ rural living area","content":"# SEQ regional landscape and rural production area and SEQ rural living area","sortOrder":366},{"sectionNumber":"sch.10-pt.16-div.1AA","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":367},{"sectionNumber":"sch.10-sec.22D","sectionType":"section","heading":"Application of part","content":"### sch.10-sec.22D Application of part\n\nThis part does not apply if part 16B applies.\nsch 10 s 22D ins 2023 SL No. 195 s 8","sortOrder":368},{"sectionNumber":"sch.10-pt.16-div.1","sectionType":"division","heading":"Reconfiguring a lot","content":"## Reconfiguring a lot","sortOrder":369},{"sectionNumber":"sch.10-sec.23","sectionType":"section","heading":"Prohibited development—reconfiguring a lot in SEQ regional landscape and rural production area","content":"### sch.10-sec.23 Prohibited development—reconfiguring a lot in SEQ regional landscape and rural production area\n\nReconfiguring a lot is prohibited development to the extent the lot is in the SEQ regional landscape and rural production area, if the reconfiguration—\nis a subdivision; and\nis assessable development under section 21 .\nHowever, subsection (1) does not apply if—\nthe reconfiguration is an exempt subdivision; or\neach lot created by the reconfiguration is at least 100ha.\nsch 10 s 23 sub 2017 SL No. 141 s 12 (2)\namd 2023 SL No. 195 s 9\n(sch.10-sec.23-ssec.1) Reconfiguring a lot is prohibited development to the extent the lot is in the SEQ regional landscape and rural production area, if the reconfiguration— is a subdivision; and is assessable development under section 21 .\n(sch.10-sec.23-ssec.2) However, subsection (1) does not apply if— the reconfiguration is an exempt subdivision; or each lot created by the reconfiguration is at least 100ha.\n- (a) is a subdivision; and\n- (b) is assessable development under section 21 .\n- (a) the reconfiguration is an exempt subdivision; or\n- (b) each lot created by the reconfiguration is at least 100ha.","sortOrder":370},{"sectionNumber":"sch.10-pt.16-div.2","sectionType":"division","heading":"Tourist or sport and recreation activity","content":"## Tourist or sport and recreation activity","sortOrder":371},{"sectionNumber":"sch.10-sec.24","sectionType":"section","heading":"Assessable development—material change of use for tourist activity or sport and recreation activity","content":"### sch.10-sec.24 Assessable development—material change of use for tourist activity or sport and recreation activity\n\nA material change of use of premises for a tourist activity or sport and recreation activity is assessable development if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\nthe use—\nresults in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\ninvolves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or\nprovides accommodation for more than 300 persons; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use; or\nfor a tourist activity that is in an SEQ significant tourist activity area.\nIn this section—\nSEQ significant tourist activity area means an area in the SEQ region identified in a gazette notice by the Minister as an SEQ significant tourist activity area.\nsch 10 s 24 sub 2017 SL No. 141 s 12 (2)\namd 2023 SL No. 195 s 10\n(sch.10-sec.24-ssec.1) A material change of use of premises for a tourist activity or sport and recreation activity is assessable development if— all or part of the premises are in— the SEQ regional landscape and rural production area; or the SEQ rural living area; and the use— results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or provides accommodation for more than 300 persons; and the material change of use is not— excluded development; or an exempt material change of use; or for a tourist activity that is in an SEQ significant tourist activity area.\n(sch.10-sec.24-ssec.2) In this section— SEQ significant tourist activity area means an area in the SEQ region identified in a gazette notice by the Minister as an SEQ significant tourist activity area.\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) the use— (i) results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or (iii) provides accommodation for more than 300 persons; and\n- (i) results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or\n- (iii) provides accommodation for more than 300 persons; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use; or (iii) for a tourist activity that is in an SEQ significant tourist activity area.\n- (i) excluded development; or\n- (ii) an exempt material change of use; or\n- (iii) for a tourist activity that is in an SEQ significant tourist activity area.\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (i) results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or\n- (iii) provides accommodation for more than 300 persons; and\n- (i) excluded development; or\n- (ii) an exempt material change of use; or\n- (iii) for a tourist activity that is in an SEQ significant tourist activity area.","sortOrder":372},{"sectionNumber":"sch.10-pt.16-div.3","sectionType":"division","heading":"Community activity","content":"## Community activity","sortOrder":373},{"sectionNumber":"sch.10-sec.25","sectionType":"section","heading":"Prohibited development—material change of use for residential care facility","content":"### sch.10-sec.25 Prohibited development—material change of use for residential care facility\n\nA material change of use of premises for a residential care facility is prohibited development if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\nthe use results in a gross floor area of more than 5,000m 2 on the premises; and\nthe material change of use is not excluded development.\nsch 10 s 25 sub 2017 SL No. 141 s 12 (2)\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) the use results in a gross floor area of more than 5,000m 2 on the premises; and\n- (c) the material change of use is not excluded development.\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and","sortOrder":374},{"sectionNumber":"sch.10-sec.26","sectionType":"section","heading":"Assessable development—material change of use for residential care facility","content":"### sch.10-sec.26 Assessable development—material change of use for residential care facility\n\nA material change of use of premises for a residential care facility is assessable development if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\nthe use results in a gross floor area of not more than 5,000m 2 on the premises; and\nthe material change of use is not excluded development.\nsch 10 s 26 sub 2017 SL No. 141 s 12 (2)\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) the use results in a gross floor area of not more than 5,000m 2 on the premises; and\n- (c) the material change of use is not excluded development.\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and","sortOrder":375},{"sectionNumber":"sch.10-sec.27","sectionType":"section","heading":"Assessable development—material change of use for another community activity","content":"### sch.10-sec.27 Assessable development—material change of use for another community activity\n\nA material change of use of premises for a community activity, other than a residential care facility, is assessable development if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\nthe use—\nresults in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\ninvolves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or\nprovides accommodation for more than 300 persons; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27 sub 2017 SL No. 141 s 12 (2)\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) the use— (i) results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or (iii) provides accommodation for more than 300 persons; and\n- (i) results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or\n- (iii) provides accommodation for more than 300 persons; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (i) results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or\n- (iii) provides accommodation for more than 300 persons; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.","sortOrder":376},{"sectionNumber":"sch.10-pt.16-div.4","sectionType":"division","heading":"Indoor recreation","content":"## Indoor recreation","sortOrder":377},{"sectionNumber":"sch.10-sec.27A","sectionType":"section","heading":"Assessable development—material change of use for indoor recreation","content":"### sch.10-sec.27A Assessable development—material change of use for indoor recreation\n\nA material change of use of premises for indoor recreation is assessable development if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\nthe use—\nresults in a gross floor area of more than 3,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\ninvolves more than 250 persons, including employees, being on the premises at any time; or\nprovides accommodation for more than 100 persons; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27A ins 2017 SL No. 141 s 12 (2)\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) the use— (i) results in a gross floor area of more than 3,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or (ii) involves more than 250 persons, including employees, being on the premises at any time; or (iii) provides accommodation for more than 100 persons; and\n- (i) results in a gross floor area of more than 3,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves more than 250 persons, including employees, being on the premises at any time; or\n- (iii) provides accommodation for more than 100 persons; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (i) results in a gross floor area of more than 3,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves more than 250 persons, including employees, being on the premises at any time; or\n- (iii) provides accommodation for more than 100 persons; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.","sortOrder":378},{"sectionNumber":"sch.10-pt.16-div.5","sectionType":"division","heading":"Residential development","content":"## Residential development","sortOrder":379},{"sectionNumber":"sch.10-sec.27B","sectionType":"section","heading":"Prohibited development—material change of use for residential development","content":"### sch.10-sec.27B Prohibited development—material change of use for residential development\n\nA material change of use of premises for a residential development is prohibited development to the extent the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area.\nHowever, subsection (1) does not apply if the material change of use is—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27B ins 2017 SL No. 141 s 12 (2)\n(sch.10-sec.27B-ssec.1) A material change of use of premises for a residential development is prohibited development to the extent the premises are in— the SEQ regional landscape and rural production area; or the SEQ rural living area.\n(sch.10-sec.27B-ssec.2) However, subsection (1) does not apply if the material change of use is— excluded development; or an exempt material change of use.\n- (a) the SEQ regional landscape and rural production area; or\n- (b) the SEQ rural living area.\n- (a) excluded development; or\n- (b) an exempt material change of use.","sortOrder":380},{"sectionNumber":"sch.10-pt.16-div.6","sectionType":"division","heading":"Urban activity","content":"## Urban activity","sortOrder":381},{"sectionNumber":"sch.10-sec.27C","sectionType":"section","heading":"Prohibited development—material change of use for shopping centre","content":"### sch.10-sec.27C Prohibited development—material change of use for shopping centre\n\nA material change of use of premises for a shopping centre is prohibited development to the extent the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area.\nHowever, subsection (1) does not apply if the material change of use is excluded development.\nsch 10 s 27C ins 2017 SL No. 141 s 12 (2)\n(sch.10-sec.27C-ssec.1) A material change of use of premises for a shopping centre is prohibited development to the extent the premises are in— the SEQ regional landscape and rural production area; or the SEQ rural living area.\n(sch.10-sec.27C-ssec.2) However, subsection (1) does not apply if the material change of use is excluded development.\n- (a) the SEQ regional landscape and rural production area; or\n- (b) the SEQ rural living area.","sortOrder":382},{"sectionNumber":"sch.10-sec.27D","sectionType":"section","heading":"Assessable development—material change of use for biotechnology industry","content":"### sch.10-sec.27D Assessable development—material change of use for biotechnology industry\n\nA material change of use of premises for a biotechnology industry is assessable development if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\neither—\nthe use results in a gross floor area of more than 800m 2 on the premises; or\nthe total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27D ins 2017 SL No. 141 s 12 (2)\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) either— (i) the use results in a gross floor area of more than 800m 2 on the premises; or (ii) the total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\n- (i) the use results in a gross floor area of more than 800m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (i) the use results in a gross floor area of more than 800m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.","sortOrder":383},{"sectionNumber":"sch.10-sec.27E","sectionType":"section","heading":"Assessable development—material change of use for service station","content":"### sch.10-sec.27E Assessable development—material change of use for service station\n\nThis section applies to a material change of use of premises for a service station if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nThe material change of use is assessable development if—\nthe premises are within 25m of a State-controlled road; and\nthe use results in a gross floor area of more than 1,250m 2 on the premises, excluding any part of the premises that is a bathroom facility, or rest area, for the exclusive use of drivers of heavy vehicles; and\nthe total area of all outdoor areas on the premises associated with the use is more than 2,000m 2 , excluding any outdoor area that is used exclusively for—\na rest area; or\nthe manoeuvring of vehicles; or\nthe parking of vehicles for no more than 20 hours; or\nanother activity that is necessary for the carrying out of the use.\nAlso, the material change of use is assessable development if—\nthe premises are more than 25m from a State-controlled road; and\neither—\nthe use results in a gross floor area of more than 1,250m 2 on the premises; or\nthe total area of all outdoor areas on the premises associated with the use is more than 2,000m 2 .\nsch 10 s 27E ins 2017 SL No. 141 s 12 (2)\n(sch.10-sec.27E-ssec.1) This section applies to a material change of use of premises for a service station if— all or part of the premises are in— the SEQ regional landscape and rural production area; or the SEQ rural living area; and the material change of use is not— excluded development; or an exempt material change of use.\n(sch.10-sec.27E-ssec.2) The material change of use is assessable development if— the premises are within 25m of a State-controlled road; and the use results in a gross floor area of more than 1,250m 2 on the premises, excluding any part of the premises that is a bathroom facility, or rest area, for the exclusive use of drivers of heavy vehicles; and the total area of all outdoor areas on the premises associated with the use is more than 2,000m 2 , excluding any outdoor area that is used exclusively for— a rest area; or the manoeuvring of vehicles; or the parking of vehicles for no more than 20 hours; or another activity that is necessary for the carrying out of the use.\n(sch.10-sec.27E-ssec.3) Also, the material change of use is assessable development if— the premises are more than 25m from a State-controlled road; and either— the use results in a gross floor area of more than 1,250m 2 on the premises; or the total area of all outdoor areas on the premises associated with the use is more than 2,000m 2 .\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (a) the premises are within 25m of a State-controlled road; and\n- (b) the use results in a gross floor area of more than 1,250m 2 on the premises, excluding any part of the premises that is a bathroom facility, or rest area, for the exclusive use of drivers of heavy vehicles; and\n- (c) the total area of all outdoor areas on the premises associated with the use is more than 2,000m 2 , excluding any outdoor area that is used exclusively for— (i) a rest area; or (ii) the manoeuvring of vehicles; or (iii) the parking of vehicles for no more than 20 hours; or (iv) another activity that is necessary for the carrying out of the use.\n- (i) a rest area; or\n- (ii) the manoeuvring of vehicles; or\n- (iii) the parking of vehicles for no more than 20 hours; or\n- (iv) another activity that is necessary for the carrying out of the use.\n- (i) a rest area; or\n- (ii) the manoeuvring of vehicles; or\n- (iii) the parking of vehicles for no more than 20 hours; or\n- (iv) another activity that is necessary for the carrying out of the use.\n- (a) the premises are more than 25m from a State-controlled road; and\n- (b) either— (i) the use results in a gross floor area of more than 1,250m 2 on the premises; or (ii) the total area of all outdoor areas on the premises associated with the use is more than 2,000m 2 .\n- (i) the use results in a gross floor area of more than 1,250m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 2,000m 2 .\n- (i) the use results in a gross floor area of more than 1,250m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 2,000m 2 .","sortOrder":384},{"sectionNumber":"sch.10-sec.27EA","sectionType":"section","heading":"Assessable development—material change of use for transport depot","content":"### sch.10-sec.27EA Assessable development—material change of use for transport depot\n\nA material change of use of premises for a transport depot is assessable development if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\neither—\nthe use results in a gross floor area of more than 800m 2 on the premises; or\nthe total area of all outdoor areas on the premises associated with the use is more than 4,000m 2 ; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27EA ins 2023 SL No. 195 s 14\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) either— (i) the use results in a gross floor area of more than 800m 2 on the premises; or (ii) the total area of all outdoor areas on the premises associated with the use is more than 4,000m 2 ; and\n- (i) the use results in a gross floor area of more than 800m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 4,000m 2 ; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (i) the use results in a gross floor area of more than 800m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 4,000m 2 ; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.","sortOrder":385},{"sectionNumber":"sch.10-sec.27F","sectionType":"section","heading":"Assessable development—material change of use for another urban activity","content":"### sch.10-sec.27F Assessable development—material change of use for another urban activity\n\nA material change of use of premises for an urban activity, other than a biotechnology industry, transport depot or service station, is assessable development if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\neither—\nthe use results in a gross floor area of more than 800m 2 on the premises; or\nthe total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27F ins 2017 SL No. 141 s 12 (2)\namd 2023 SL No. 195 s 15\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) either— (i) the use results in a gross floor area of more than 800m 2 on the premises; or (ii) the total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\n- (i) the use results in a gross floor area of more than 800m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (i) the use results in a gross floor area of more than 800m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.","sortOrder":386},{"sectionNumber":"sch.10-pt.16-div.7","sectionType":"division","heading":"Combined uses","content":"## Combined uses","sortOrder":387},{"sectionNumber":"sch.10-sec.27G","sectionType":"section","heading":"Assessable development—material change of use for combined use","content":"### sch.10-sec.27G Assessable development—material change of use for combined use\n\nA material change of use of premises is assessable development if—\nall or part of the premises are in—\nthe SEQ regional landscape and rural production area; or\nthe SEQ rural living area; and\nthe material change of use is for 2 or more of the following uses—\na community activity;\nindoor recreation;\na sport and recreation activity;\na tourist activity;\nan urban activity; and\nno part of the material change of use is assessable development under division 2 , 3 , 4 or 6 ; and\nthe use—\nresults in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\nprovides accommodation for more than 300 persons; or\nif the material change of use of premises includes 2 or more urban activities—results in a gross floor area of more than 800m 2 .\nHowever, subsection (1) does not apply to the extent the material change of use—\nis excluded development; or\nis an exempt material change of use.\nSubsection (4) applies if—\nthe material change of use involves excluded development or an exempt material change of use; and\nbecause of the carrying out of the excluded development or exempt material change of use only, the use results in a gross floor area of more than 5,000m 2 on the premises, or provides accommodation for more than 300 persons.\nThe material change of use is not assessable development under subsection (1) .\nsch 10 s 27G ins 2017 SL No. 141 s 12 (2)\namd 2023 SL No. 195 s 17\n(sch.10-sec.27G-ssec.1) A material change of use of premises is assessable development if— all or part of the premises are in— the SEQ regional landscape and rural production area; or the SEQ rural living area; and the material change of use is for 2 or more of the following uses— a community activity; indoor recreation; a sport and recreation activity; a tourist activity; an urban activity; and no part of the material change of use is assessable development under division 2 , 3 , 4 or 6 ; and the use— results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or provides accommodation for more than 300 persons; or if the material change of use of premises includes 2 or more urban activities—results in a gross floor area of more than 800m 2 .\n(sch.10-sec.27G-ssec.2) However, subsection (1) does not apply to the extent the material change of use— is excluded development; or is an exempt material change of use.\n(sch.10-sec.27G-ssec.3) Subsection (4) applies if— the material change of use involves excluded development or an exempt material change of use; and because of the carrying out of the excluded development or exempt material change of use only, the use results in a gross floor area of more than 5,000m 2 on the premises, or provides accommodation for more than 300 persons.\n(sch.10-sec.27G-ssec.4) The material change of use is not assessable development under subsection (1) .\n- (a) all or part of the premises are in— (i) the SEQ regional landscape and rural production area; or (ii) the SEQ rural living area; and\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (b) the material change of use is for 2 or more of the following uses— (i) a community activity; (ii) indoor recreation; (iii) a sport and recreation activity; (iv) a tourist activity; (v) an urban activity; and\n- (i) a community activity;\n- (ii) indoor recreation;\n- (iii) a sport and recreation activity;\n- (iv) a tourist activity;\n- (v) an urban activity; and\n- (c) no part of the material change of use is assessable development under division 2 , 3 , 4 or 6 ; and\n- (d) the use— (i) results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or (ii) provides accommodation for more than 300 persons; or (iii) if the material change of use of premises includes 2 or more urban activities—results in a gross floor area of more than 800m 2 .\n- (i) results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) provides accommodation for more than 300 persons; or\n- (iii) if the material change of use of premises includes 2 or more urban activities—results in a gross floor area of more than 800m 2 .\n- (i) the SEQ regional landscape and rural production area; or\n- (ii) the SEQ rural living area; and\n- (i) a community activity;\n- (ii) indoor recreation;\n- (iii) a sport and recreation activity;\n- (iv) a tourist activity;\n- (v) an urban activity; and\n- (i) results in a gross floor area of more than 5,000m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) provides accommodation for more than 300 persons; or\n- (iii) if the material change of use of premises includes 2 or more urban activities—results in a gross floor area of more than 800m 2 .\n- (a) is excluded development; or\n- (b) is an exempt material change of use.\n- (a) the material change of use involves excluded development or an exempt material change of use; and\n- (b) because of the carrying out of the excluded development or exempt material change of use only, the use results in a gross floor area of more than 5,000m 2 on the premises, or provides accommodation for more than 300 persons.","sortOrder":388},{"sectionNumber":"sch.10-pt.16AA","sectionType":"part","heading":"Solar farms","content":"# Solar farms","sortOrder":389},{"sectionNumber":"sch.10-pt.16AA-div.1","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":390},{"sectionNumber":"sch.10-sec.27GA","sectionType":"section","heading":"Assessable development—material change of use for solar farm","content":"### sch.10-sec.27GA Assessable development—material change of use for solar farm\n\nA material change of use of premises for a solar farm is assessable development.\nsch 10 s 27GA ins 2025 SL No. 80 s 14","sortOrder":391},{"sectionNumber":"sch.10-pt.16AA-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":392},{"sectionNumber":"sch.10-pt.16AA-div.3","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":393},{"sectionNumber":"sch.10-pt.16A","sectionType":"part","heading":"Southport Spit","content":"# Southport Spit","sortOrder":394},{"sectionNumber":"sch.10-pt.16A-div.1","sectionType":"division","heading":"Prohibited development","content":"## Prohibited development","sortOrder":395},{"sectionNumber":"sch.10-sec.27H","sectionType":"section","heading":"Prohibited development—development in Spit building height control area","content":"### sch.10-sec.27H Prohibited development—development in Spit building height control area\n\nDevelopment in the Spit building height control area is prohibited development to the extent the development results in a building or structure that has a building height of more than 3 storeys or 15m.\nHowever, subsection (1) does not apply to development for an outdoor theme park ride at Sea World.\nAlso, subsection (1) does not apply to development for—\nthe maintenance or repair of an existing, and lawfully constructed, building or structure; or\nthe replacement of an existing, and lawfully constructed, building or structure with an equivalent or substantially similar building or structure.\nIn this section—\nbuilding height , of a building or structure, means—\nfor a building—the number of storeys in the building above ground level; or\nthe vertical distance, measured in metres, between the ground level of the building or structure and the highest point of the building or structure, other than a point that is part of an aerial, chimney, flagpole or load-bearing antenna.\noutdoor theme park ride means a theme park ride that is not enclosed in a building.\nSea World —\nmeans Lot 1 on CP846066; and\nincludes a lot created by the subdivision of the lot mentioned in paragraph (a) .\nSpit building height control area means the area shown as The Spit building height control area on the map in schedule 23A .\nsch 10 s 27H ins 2019 SL No. 243 s 6\n(sch.10-sec.27H-ssec.1) Development in the Spit building height control area is prohibited development to the extent the development results in a building or structure that has a building height of more than 3 storeys or 15m.\n(sch.10-sec.27H-ssec.2) However, subsection (1) does not apply to development for an outdoor theme park ride at Sea World.\n(sch.10-sec.27H-ssec.3) Also, subsection (1) does not apply to development for— the maintenance or repair of an existing, and lawfully constructed, building or structure; or the replacement of an existing, and lawfully constructed, building or structure with an equivalent or substantially similar building or structure.\n(sch.10-sec.27H-ssec.4) In this section— building height , of a building or structure, means— for a building—the number of storeys in the building above ground level; or the vertical distance, measured in metres, between the ground level of the building or structure and the highest point of the building or structure, other than a point that is part of an aerial, chimney, flagpole or load-bearing antenna. outdoor theme park ride means a theme park ride that is not enclosed in a building. Sea World — means Lot 1 on CP846066; and includes a lot created by the subdivision of the lot mentioned in paragraph (a) . Spit building height control area means the area shown as The Spit building height control area on the map in schedule 23A .\n- (a) the maintenance or repair of an existing, and lawfully constructed, building or structure; or\n- (b) the replacement of an existing, and lawfully constructed, building or structure with an equivalent or substantially similar building or structure.\n- (a) for a building—the number of storeys in the building above ground level; or\n- (b) the vertical distance, measured in metres, between the ground level of the building or structure and the highest point of the building or structure, other than a point that is part of an aerial, chimney, flagpole or load-bearing antenna.\n- (a) means Lot 1 on CP846066; and\n- (b) includes a lot created by the subdivision of the lot mentioned in paragraph (a) .","sortOrder":396},{"sectionNumber":"sch.10-pt.16A-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":397},{"sectionNumber":"sch.10-pt.16B","sectionType":"part","heading":"SEQ northern inter-urban break","content":"# SEQ northern inter-urban break","sortOrder":398},{"sectionNumber":"sch.10-pt.16B-div.1","sectionType":"division","heading":"Reconfiguring a lot","content":"## Reconfiguring a lot","sortOrder":399},{"sectionNumber":"sch.10-sec.27I","sectionType":"section","heading":"Prohibited development—reconfiguring a lot in SEQ northern inter-urban break","content":"### sch.10-sec.27I Prohibited development—reconfiguring a lot in SEQ northern inter-urban break\n\nReconfiguring a lot is prohibited development to the extent the lot is in the SEQ northern inter-urban break, if the reconfiguration—\nis a subdivision; and\nis assessable development under section 21 .\nHowever, subsection (1) does not apply if—\nthe reconfiguration is an exempt subdivision; or\neach lot created by the reconfiguration is at least 100ha.\nsch 10 s 27I ins 2023 SL No. 195 s 18\n(sch.10-sec.27I-ssec.1) Reconfiguring a lot is prohibited development to the extent the lot is in the SEQ northern inter-urban break, if the reconfiguration— is a subdivision; and is assessable development under section 21 .\n(sch.10-sec.27I-ssec.2) However, subsection (1) does not apply if— the reconfiguration is an exempt subdivision; or each lot created by the reconfiguration is at least 100ha.\n- (a) is a subdivision; and\n- (b) is assessable development under section 21 .\n- (a) the reconfiguration is an exempt subdivision; or\n- (b) each lot created by the reconfiguration is at least 100ha.","sortOrder":400},{"sectionNumber":"sch.10-pt.16B-div.2","sectionType":"division","heading":"Tourist or sport and recreation activity","content":"## Tourist or sport and recreation activity","sortOrder":401},{"sectionNumber":"sch.10-sec.27J","sectionType":"section","heading":"Assessable development—material change of use for tourist activity or sport and recreation activity","content":"### sch.10-sec.27J Assessable development—material change of use for tourist activity or sport and recreation activity\n\nA material change of use of premises for a tourist activity or sport and recreation activity is assessable development if—\nall or part of the premises are in the SEQ northern inter-urban break; and\nthe material change of use—\nresults in a gross floor area of more than 2,500m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\ninvolves an ancillary commercial or retail activity with a gross floor area of more than 100m 2 ; or\nprovides accommodation for more than 100 persons; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27J ins 2023 SL No. 195 s 18\n- (a) all or part of the premises are in the SEQ northern inter-urban break; and\n- (b) the material change of use— (i) results in a gross floor area of more than 2,500m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 100m 2 ; or (iii) provides accommodation for more than 100 persons; and\n- (i) results in a gross floor area of more than 2,500m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 100m 2 ; or\n- (iii) provides accommodation for more than 100 persons; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) results in a gross floor area of more than 2,500m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 100m 2 ; or\n- (iii) provides accommodation for more than 100 persons; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.","sortOrder":402},{"sectionNumber":"sch.10-pt.16B-div.3","sectionType":"division","heading":"Community activity","content":"## Community activity","sortOrder":403},{"sectionNumber":"sch.10-sec.27K","sectionType":"section","heading":"Prohibited development—material change of use for residential care facility","content":"### sch.10-sec.27K Prohibited development—material change of use for residential care facility\n\nA material change of use of premises for a residential care facility is prohibited development if—\nall or part of the premises are in the SEQ northern inter-urban break; and\nthe material change of use results in a gross floor area of more than 5,000m 2 on the premises; and\nthe material change of use is not excluded development.\nsch 10 s 27K ins 2023 SL No. 195 s 18\n- (a) all or part of the premises are in the SEQ northern inter-urban break; and\n- (b) the material change of use results in a gross floor area of more than 5,000m 2 on the premises; and\n- (c) the material change of use is not excluded development.","sortOrder":404},{"sectionNumber":"sch.10-sec.27L","sectionType":"section","heading":"Assessable development—material change of use for residential care facility","content":"### sch.10-sec.27L Assessable development—material change of use for residential care facility\n\nA material change of use of premises for a residential care facility is assessable development if—\nall or part of the premises are in the SEQ northern inter-urban break; and\nthe use results in a gross floor area of not more than 5,000m 2 on the premises; and\nthe material change of use is not excluded development.\nsch 10 s 27L ins 2023 SL No. 195 s 18\n- (a) all or part of the premises are in the SEQ northern inter-urban break; and\n- (b) the use results in a gross floor area of not more than 5,000m 2 on the premises; and\n- (c) the material change of use is not excluded development.","sortOrder":405},{"sectionNumber":"sch.10-sec.27M","sectionType":"section","heading":"Assessable development—material change of use for other community activity","content":"### sch.10-sec.27M Assessable development—material change of use for other community activity\n\nA material change of use of premises for a community activity, other than for a residential care facility, is assessable development if—\nall or part of the premises are in the SEQ northern inter-urban break; and\nthe material change of use—\nresults in a gross floor area of more than 800m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\ninvolves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or\nprovides accommodation for more than 50 persons; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27M ins 2023 SL No. 195 s 18\n- (a) all or part of the premises are in the SEQ northern inter-urban break; and\n- (b) the material change of use— (i) results in a gross floor area of more than 800m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or (iii) provides accommodation for more than 50 persons; and\n- (i) results in a gross floor area of more than 800m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or\n- (iii) provides accommodation for more than 50 persons; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) results in a gross floor area of more than 800m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves an ancillary commercial or retail activity with a gross floor area of more than 250m 2 ; or\n- (iii) provides accommodation for more than 50 persons; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.","sortOrder":406},{"sectionNumber":"sch.10-pt.16B-div.4","sectionType":"division","heading":"Indoor recreation","content":"## Indoor recreation","sortOrder":407},{"sectionNumber":"sch.10-sec.27N","sectionType":"section","heading":"Assessable development—material change of use for indoor recreation","content":"### sch.10-sec.27N Assessable development—material change of use for indoor recreation\n\nA material change of use of premises for indoor recreation is assessable development if—\nall or part of the premises are in the SEQ northern inter-urban break; and\nthe material change of use—\nresults in a gross floor area of more than 800m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\ninvolves more than 100 persons, including employees, being on the premises at any time; or\nprovides accommodation for more than 50 persons; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27N ins 2023 SL No. 195 s 18\n- (a) all or part of the premises are in the SEQ northern inter-urban break; and\n- (b) the material change of use— (i) results in a gross floor area of more than 800m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or (ii) involves more than 100 persons, including employees, being on the premises at any time; or (iii) provides accommodation for more than 50 persons; and\n- (i) results in a gross floor area of more than 800m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves more than 100 persons, including employees, being on the premises at any time; or\n- (iii) provides accommodation for more than 50 persons; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) results in a gross floor area of more than 800m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) involves more than 100 persons, including employees, being on the premises at any time; or\n- (iii) provides accommodation for more than 50 persons; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.","sortOrder":408},{"sectionNumber":"sch.10-pt.16B-div.5","sectionType":"division","heading":"Residential development","content":"## Residential development","sortOrder":409},{"sectionNumber":"sch.10-sec.27O","sectionType":"section","heading":"Prohibited development—material change of use for residential development","content":"### sch.10-sec.27O Prohibited development—material change of use for residential development\n\nA material change of use of premises for a residential development is prohibited development to the extent the premises are in the SEQ northern inter-urban break.\nHowever, subsection (1) does not apply if the material change of use is—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27O ins 2023 SL No. 195 s 18\n(sch.10-sec.27O-ssec.1) A material change of use of premises for a residential development is prohibited development to the extent the premises are in the SEQ northern inter-urban break.\n(sch.10-sec.27O-ssec.2) However, subsection (1) does not apply if the material change of use is— excluded development; or an exempt material change of use.\n- (a) excluded development; or\n- (b) an exempt material change of use.","sortOrder":410},{"sectionNumber":"sch.10-pt.16B-div.6","sectionType":"division","heading":"Urban activity","content":"## Urban activity","sortOrder":411},{"sectionNumber":"sch.10-sec.27P","sectionType":"section","heading":"Prohibited development—material change of use for shopping centre","content":"### sch.10-sec.27P Prohibited development—material change of use for shopping centre\n\nA material change of use of premises for a shopping centre is prohibited development to the extent the premises are in the SEQ northern inter-urban break.\nHowever, subsection (1) does not apply if the material change of use is excluded development.\nsch 10 s 27P ins 2023 SL No. 195 s 18\n(sch.10-sec.27P-ssec.1) A material change of use of premises for a shopping centre is prohibited development to the extent the premises are in the SEQ northern inter-urban break.\n(sch.10-sec.27P-ssec.2) However, subsection (1) does not apply if the material change of use is excluded development.","sortOrder":412},{"sectionNumber":"sch.10-sec.27Q","sectionType":"section","heading":"Assessable development—material change of use for urban activity","content":"### sch.10-sec.27Q Assessable development—material change of use for urban activity\n\nA material change of use of premises for an urban activity, other than for a shopping centre, is assessable development if—\nall or part of the premises are in the SEQ northern inter-urban break; and\neither—\nthe material change of use results in a gross floor area of more than 400m 2 on the premises; or\nthe total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\nthe material change of use is not—\nexcluded development; or\nan exempt material change of use.\nsch 10 s 27Q ins 2023 SL No. 195 s 18\n- (a) all or part of the premises are in the SEQ northern inter-urban break; and\n- (b) either— (i) the material change of use results in a gross floor area of more than 400m 2 on the premises; or (ii) the total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\n- (i) the material change of use results in a gross floor area of more than 400m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\n- (c) the material change of use is not— (i) excluded development; or (ii) an exempt material change of use.\n- (i) excluded development; or\n- (ii) an exempt material change of use.\n- (i) the material change of use results in a gross floor area of more than 400m 2 on the premises; or\n- (ii) the total area of all outdoor areas on the premises associated with the use is more than 1,500m 2 ; and\n- (i) excluded development; or\n- (ii) an exempt material change of use.","sortOrder":413},{"sectionNumber":"sch.10-pt.16B-div.7","sectionType":"division","heading":"Combined uses","content":"## Combined uses","sortOrder":414},{"sectionNumber":"sch.10-sec.27R","sectionType":"section","heading":"Assessable development—material change of use for combined use","content":"### sch.10-sec.27R Assessable development—material change of use for combined use\n\nA material change of use of premises for a combined use is assessable development if—\nall or part of the premises are in the SEQ northern inter-urban break; and\nthe material change of use is for 2 or more of the following uses—\na community activity;\nindoor recreation;\na sport and recreation activity;\na tourist activity;\nan urban activity; and\nno part of the material change of use is assessable development under division 2 , 3 , 4 or 6 ; and\nthe material change of use—\nresults in a gross floor area of more than 2,500m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\nprovides accommodation for more than 100 persons.\nHowever, subsection (1) does not apply to the extent the material change of use is—\nexcluded development; or\nan exempt material change of use.\nSubsection (4) applies if—\nthe material change of use involves excluded development or an exempt material change of use; and\nbecause of the carrying out of the excluded development or exempt material change of use only, the use results in a gross floor area of more than 2,500m 2 on the premises, or provides accommodation for more than 100 persons.\nThe material change of use is not assessable development under subsection (1) .\nsch 10 s 27R ins 2023 SL No. 195 s 18\n(sch.10-sec.27R-ssec.1) A material change of use of premises for a combined use is assessable development if— all or part of the premises are in the SEQ northern inter-urban break; and the material change of use is for 2 or more of the following uses— a community activity; indoor recreation; a sport and recreation activity; a tourist activity; an urban activity; and no part of the material change of use is assessable development under division 2 , 3 , 4 or 6 ; and the material change of use— results in a gross floor area of more than 2,500m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or provides accommodation for more than 100 persons.\n(sch.10-sec.27R-ssec.2) However, subsection (1) does not apply to the extent the material change of use is— excluded development; or an exempt material change of use.\n(sch.10-sec.27R-ssec.3) Subsection (4) applies if— the material change of use involves excluded development or an exempt material change of use; and because of the carrying out of the excluded development or exempt material change of use only, the use results in a gross floor area of more than 2,500m 2 on the premises, or provides accommodation for more than 100 persons.\n(sch.10-sec.27R-ssec.4) The material change of use is not assessable development under subsection (1) .\n- (a) all or part of the premises are in the SEQ northern inter-urban break; and\n- (b) the material change of use is for 2 or more of the following uses— (i) a community activity; (ii) indoor recreation; (iii) a sport and recreation activity; (iv) a tourist activity; (v) an urban activity; and\n- (i) a community activity;\n- (ii) indoor recreation;\n- (iii) a sport and recreation activity;\n- (iv) a tourist activity;\n- (v) an urban activity; and\n- (c) no part of the material change of use is assessable development under division 2 , 3 , 4 or 6 ; and\n- (d) the material change of use— (i) results in a gross floor area of more than 2,500m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or (ii) provides accommodation for more than 100 persons.\n- (i) results in a gross floor area of more than 2,500m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) provides accommodation for more than 100 persons.\n- (i) a community activity;\n- (ii) indoor recreation;\n- (iii) a sport and recreation activity;\n- (iv) a tourist activity;\n- (v) an urban activity; and\n- (i) results in a gross floor area of more than 2,500m 2 on the premises, excluding any part of the premises that is used for tourist accommodation or accommodation for employees; or\n- (ii) provides accommodation for more than 100 persons.\n- (a) excluded development; or\n- (b) an exempt material change of use.\n- (a) the material change of use involves excluded development or an exempt material change of use; and\n- (b) because of the carrying out of the excluded development or exempt material change of use only, the use results in a gross floor area of more than 2,500m 2 on the premises, or provides accommodation for more than 100 persons.","sortOrder":415},{"sectionNumber":"sch.10-pt.16B-div.8","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":416},{"sectionNumber":"sch.10-pt.16B-div.9","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":417},{"sectionNumber":"sch.10-pt.17","sectionType":"part","heading":"Tidal works or work in a coastal management district","content":"# Tidal works or work in a coastal management district","sortOrder":418},{"sectionNumber":"sch.10-pt.17-div.1","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":419},{"sectionNumber":"sch.10-sec.28","sectionType":"section","heading":"Assessable development—operational work that is tidal works or work in a coastal management district","content":"### sch.10-sec.28 Assessable development—operational work that is tidal works or work in a coastal management district\n\nOperational work is assessable development, if the work is—\ntidal works; or\nany of the following carried out completely or partly in a coastal management district—\ninterfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark;\ndisposing of dredge spoil, or other solid waste material, in tidal water;\nconstructing an artificial waterway;\nremoving or interfering with coastal dunes on land, other than State coastal land, that is in an erosion prone area.\nHowever, subsection (1) does not apply to operational work that—\nis accepted development under schedule 7 , part 3 , section 10 ; or\nis excluded work; or\nis PDA-related development.\nIn this section—\nexcluded work means operational work, other than work that section 166 (4) of the Act applies in relation to, that—\nis maintenance work on a lawful work; or\nis tidal works that alter a prescribed structure, other than an alteration that—\ncreates a roofed structure, including a shed or a gazebo; or\nchanges the footprint of the prescribed structure; or\nchanges the dimensions or structural capacity of the prescribed structure; or\nmay affect safe navigable access to, or from, tidal water or to, or from, properties next to tidal water, including alterations to clearance heights or lighting; or\nis stated in subsection (1) (b) (i) or (iv) , if the work is minor work that—\nhas an insignificant impact on coastal management; and\nis reversible or expendable.\nprescribed structure means a lawful structure that is—\na boat ramp; or\na bridge; or\na jetty; or\na pontoon; or\na slipway; or\na wharf.\n(sch.10-sec.28-ssec.1) Operational work is assessable development, if the work is— tidal works; or any of the following carried out completely or partly in a coastal management district— interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark; disposing of dredge spoil, or other solid waste material, in tidal water; constructing an artificial waterway; removing or interfering with coastal dunes on land, other than State coastal land, that is in an erosion prone area.\n(sch.10-sec.28-ssec.2) However, subsection (1) does not apply to operational work that— is accepted development under schedule 7 , part 3 , section 10 ; or is excluded work; or is PDA-related development.\n(sch.10-sec.28-ssec.3) In this section— excluded work means operational work, other than work that section 166 (4) of the Act applies in relation to, that— is maintenance work on a lawful work; or is tidal works that alter a prescribed structure, other than an alteration that— creates a roofed structure, including a shed or a gazebo; or changes the footprint of the prescribed structure; or changes the dimensions or structural capacity of the prescribed structure; or may affect safe navigable access to, or from, tidal water or to, or from, properties next to tidal water, including alterations to clearance heights or lighting; or is stated in subsection (1) (b) (i) or (iv) , if the work is minor work that— has an insignificant impact on coastal management; and is reversible or expendable. prescribed structure means a lawful structure that is— a boat ramp; or a bridge; or a jetty; or a pontoon; or a slipway; or a wharf.\n- (a) tidal works; or\n- (b) any of the following carried out completely or partly in a coastal management district— (i) interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark; (ii) disposing of dredge spoil, or other solid waste material, in tidal water; (iii) constructing an artificial waterway; (iv) removing or interfering with coastal dunes on land, other than State coastal land, that is in an erosion prone area.\n- (i) interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark;\n- (ii) disposing of dredge spoil, or other solid waste material, in tidal water;\n- (iii) constructing an artificial waterway;\n- (iv) removing or interfering with coastal dunes on land, other than State coastal land, that is in an erosion prone area.\n- (i) interfering with quarry material, as defined under the Coastal Act , on State coastal land above high-water mark;\n- (ii) disposing of dredge spoil, or other solid waste material, in tidal water;\n- (iii) constructing an artificial waterway;\n- (iv) removing or interfering with coastal dunes on land, other than State coastal land, that is in an erosion prone area.\n- (a) is accepted development under schedule 7 , part 3 , section 10 ; or\n- (b) is excluded work; or\n- (c) is PDA-related development.\n- (a) is maintenance work on a lawful work; or\n- (b) is tidal works that alter a prescribed structure, other than an alteration that— (i) creates a roofed structure, including a shed or a gazebo; or (ii) changes the footprint of the prescribed structure; or (iii) changes the dimensions or structural capacity of the prescribed structure; or (iv) may affect safe navigable access to, or from, tidal water or to, or from, properties next to tidal water, including alterations to clearance heights or lighting; or\n- (i) creates a roofed structure, including a shed or a gazebo; or\n- (ii) changes the footprint of the prescribed structure; or\n- (iii) changes the dimensions or structural capacity of the prescribed structure; or\n- (iv) may affect safe navigable access to, or from, tidal water or to, or from, properties next to tidal water, including alterations to clearance heights or lighting; or\n- (c) is stated in subsection (1) (b) (i) or (iv) , if the work is minor work that— (i) has an insignificant impact on coastal management; and (ii) is reversible or expendable.\n- (i) has an insignificant impact on coastal management; and\n- (ii) is reversible or expendable.\n- (i) creates a roofed structure, including a shed or a gazebo; or\n- (ii) changes the footprint of the prescribed structure; or\n- (iii) changes the dimensions or structural capacity of the prescribed structure; or\n- (iv) may affect safe navigable access to, or from, tidal water or to, or from, properties next to tidal water, including alterations to clearance heights or lighting; or\n- (i) has an insignificant impact on coastal management; and\n- (ii) is reversible or expendable.\n- (a) a boat ramp; or\n- (b) a bridge; or\n- (c) a jetty; or\n- (d) a pontoon; or\n- (e) a slipway; or\n- (f) a wharf.","sortOrder":420},{"sectionNumber":"sch.10-pt.17-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":421},{"sectionNumber":"sch.10-pt.17-div.3","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":422},{"sectionNumber":"sch.10-pt.18","sectionType":"part","heading":"Urban design","content":"# Urban design","sortOrder":423},{"sectionNumber":"sch.10-pt.19","sectionType":"part","heading":"Water-related development","content":"# Water-related development","sortOrder":424},{"sectionNumber":"sch.10-pt.19-div.1","sectionType":"division","heading":"Taking or interfering with water","content":"## Taking or interfering with water","sortOrder":425},{"sectionNumber":"sch.10-sec.29","sectionType":"section","heading":"Assessable development—operational work that involves taking or interfering with water","content":"### sch.10-sec.29 Assessable development—operational work that involves taking or interfering with water\n\nOperational work that involves the following work is assessable development, unless the work is PDA-related development or accepted development under schedule 7 , part 3 , section 5 —\ntaking or interfering with water in—\na watercourse, lake or spring; or\na dam constructed on a watercourse or lake;\ntaking or interfering with underground water through an artesian bore, as defined under the Water Act , schedule 4 , other than through a monitoring bore;\ntaking or interfering with underground water through a subartesian bore, if—\nthe works are prescribed as assessable development under the Water Act , section 39 (f) ; or\nthe work does not comply with the requirements that are prescribed under the Water Act , section 1014 (2) (f) for the work to be characterised as accepted development;\ntaking or interfering with underground water in a part of an underground water area, if the work is prescribed as assessable development for the part under the Water Act , section 1046 (2) (b) ;\nSee also the Water Act , section 1046 (3) .\ntaking overland flow water, if—\nthe works are prescribed as assessable development under the Water Act , section 39 (f) ; or\nthe work does not comply with the requirements that are prescribed under the Water Act , section 1014 (2) (f) for the work to be characterised as accepted development.\nsch 10 s 29 amd 2017 SL No. 103 s 93 ; 2018 SL No. 91 s 15 (42) – (43) ; 2025 SL No. 149 s 29\n- (a) taking or interfering with water in— (i) a watercourse, lake or spring; or (ii) a dam constructed on a watercourse or lake;\n- (i) a watercourse, lake or spring; or\n- (ii) a dam constructed on a watercourse or lake;\n- (b) taking or interfering with underground water through an artesian bore, as defined under the Water Act , schedule 4 , other than through a monitoring bore;\n- (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) (f) for the work to be characterised as accepted development;\n- (i) the works are prescribed as assessable development under the Water Act , section 39 (f) ; or\n- (ii) the work does not comply with the requirements that are prescribed under the Water Act , section 1014 (2) (f) for the work to be characterised as accepted development;\n- (d) taking or interfering with underground water in a part of an underground water area, if the work is prescribed as assessable development for the part under the Water Act , section 1046 (2) (b) ; Note— See also the Water Act , section 1046 (3) .\n- (e) 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) (f) for the work to be characterised as accepted development.\n- (i) the works are prescribed as assessable development under the Water Act , section 39 (f) ; or\n- (ii) the work does not comply with the requirements that are prescribed under the Water Act , section 1014 (2) (f) for the work to be characterised as accepted development.\n- (i) a watercourse, lake or spring; or\n- (ii) a dam constructed on a watercourse or lake;\n- (i) the works are prescribed as assessable development under the Water Act , section 39 (f) ; or\n- (ii) the work does not comply with the requirements that are prescribed under the Water Act , section 1014 (2) (f) for the work to be characterised as accepted development;\n- (i) the works are prescribed as assessable development under the Water Act , section 39 (f) ; or\n- (ii) the work does not comply with the requirements that are prescribed under the Water Act , section 1014 (2) (f) for the work to be characterised as accepted development.","sortOrder":426},{"sectionNumber":"sch.10-pt.19-div.2","sectionType":"division","heading":"Removing quarry material","content":"## Removing quarry material","sortOrder":427},{"sectionNumber":"sch.10-sec.30","sectionType":"section","heading":"Assessable development—development for removing quarry material","content":"### sch.10-sec.30 Assessable development—development for removing quarry material\n\nDevelopment for removing quarry material from a watercourse or lake is assessable development, unless the development is PDA-related development.","sortOrder":428},{"sectionNumber":"sch.10-pt.19-div.3","sectionType":"division","heading":"Referable dams","content":"## Referable dams","sortOrder":429},{"sectionNumber":"sch.10-sec.31","sectionType":"section","heading":"Assessable development—operational work for referable dams","content":"### sch.10-sec.31 Assessable development—operational work for referable dams\n\nOperational work that is the construction of a dam, or relates to a dam, is assessable development, if—\nbecause of the work, the dam must be failure impact assessed; and\nthe accepted failure impact assessment for the dam states the dam has a category 1 failure impact rating or a category 2 failure impact rating.\n- (a) because of the work, the dam must be failure impact assessed; and\n- (b) the accepted failure impact assessment for the dam states the dam has a category 1 failure impact rating or a category 2 failure impact rating.","sortOrder":430},{"sectionNumber":"sch.10-pt.19-div.4","sectionType":"division","heading":"Levees","content":"## Levees","sortOrder":431},{"sectionNumber":"sch.10-sec.32","sectionType":"section","heading":"Assessable development—operational work for levees","content":"### sch.10-sec.32 Assessable development—operational work for levees\n\nThe following operational work is assessable development—\nconstruction of a new category 2 levee;\nconstruction of a new category 3 levee;\nmodification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee;\nmodification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee.\n- (a) construction of a new category 2 levee;\n- (b) construction of a new category 3 levee;\n- (c) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee;\n- (d) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee.","sortOrder":432},{"sectionNumber":"sch.10-pt.20","sectionType":"part","heading":"Wetland protection area","content":"# Wetland protection area","sortOrder":433},{"sectionNumber":"sch.10-pt.20-div.1","sectionType":"division","heading":"Prohibited development","content":"## Prohibited development","sortOrder":434},{"sectionNumber":"sch.10-sec.33","sectionType":"section","heading":"Prohibited development—operational work in a wetland protection area","content":"### sch.10-sec.33 Prohibited development—operational work in a wetland protection area\n\nOperational work that is high impact earthworks in a wetland protection area is prohibited development, if—\nthe development is carried out for—\nelectricity operating works; or\ngovernment supported transport infrastructure; and\nthe development is not accepted development under schedule 7 , part 3 , section 9 .\n- (a) the development is carried out for— (i) electricity operating works; or (ii) government supported transport infrastructure; and\n- (i) electricity operating works; or\n- (ii) government supported transport infrastructure; and\n- (b) the development is not accepted development under schedule 7 , part 3 , section 9 .\n- (i) electricity operating works; or\n- (ii) government supported transport infrastructure; and","sortOrder":435},{"sectionNumber":"sch.10-pt.20-div.2","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":436},{"sectionNumber":"sch.10-sec.34","sectionType":"section","heading":"Assessable development—operational work in wetland protection area","content":"### sch.10-sec.34 Assessable development—operational work in wetland protection area\n\nOperational work that is high impact earthworks in a wetland protection area is assessable development, unless the operational work—\nis for a domestic housing activity; or\nis the natural and ordinary consequence of development that is a material change of use, or reconfiguring a lot, and all of the following apply—\nthe material change of use or reconfiguration involves high impact earthworks in a wetland protection area;\na development permit is in effect for the material change of use or reconfiguration;\nthe chief executive, or the chief executive (environment), had functions and powers as a referral agency or prescribed assessment manager in relation to the earthworks for the development application for the development permit; or\nis accepted development under schedule 7 , part 3 , section 9 .\n- (a) is for a domestic housing activity; or\n- (b) is the natural and ordinary consequence of development that is a material change of use, or reconfiguring a lot, and all of the following apply— (i) the material change of use or reconfiguration involves high impact earthworks in a wetland protection area; (ii) a development permit is in effect for the material change of use or reconfiguration; (iii) the chief executive, or the chief executive (environment), had functions and powers as a referral agency or prescribed assessment manager in relation to the earthworks for the development application for the development permit; or\n- (i) the material change of use or reconfiguration involves high impact earthworks in a wetland protection area;\n- (ii) a development permit is in effect for the material change of use or reconfiguration;\n- (iii) the chief executive, or the chief executive (environment), had functions and powers as a referral agency or prescribed assessment manager in relation to the earthworks for the development application for the development permit; or\n- (c) is accepted development under schedule 7 , part 3 , section 9 .\n- (i) the material change of use or reconfiguration involves high impact earthworks in a wetland protection area;\n- (ii) a development permit is in effect for the material change of use or reconfiguration;\n- (iii) the chief executive, or the chief executive (environment), had functions and powers as a referral agency or prescribed assessment manager in relation to the earthworks for the development application for the development permit; or","sortOrder":437},{"sectionNumber":"sch.10-pt.20-div.3","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":438},{"sectionNumber":"sch.10-pt.20-div.4","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":439},{"sectionNumber":"sch.10-pt.21","sectionType":"part","heading":"Wind farms","content":"# Wind farms","sortOrder":440},{"sectionNumber":"sch.10-pt.21-div.1","sectionType":"division","heading":"Assessable development","content":"## Assessable development","sortOrder":441},{"sectionNumber":"sch.10-sec.35","sectionType":"section","heading":"Assessable development—material change of use for a wind farm","content":"### sch.10-sec.35 Assessable development—material change of use for a wind farm\n\nA material change of use of premises for a wind farm is assessable development, unless the whole of the premises are subject to a designation for infrastructure for electricity operating works for a wind farm.","sortOrder":442},{"sectionNumber":"sch.10-pt.21-div.2","sectionType":"division","heading":"Assessment by assessment manager","content":"## Assessment by assessment manager","sortOrder":443},{"sectionNumber":"sch.10-pt.21-div.3","sectionType":"division","heading":"Referral agency’s assessment","content":"## Referral agency’s assessment","sortOrder":444},{"sectionNumber":"sch.11-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":445},{"sectionNumber":"sch.11-sec.1","sectionType":"section","heading":"Application of schedule","content":"### sch.11-sec.1 Application of schedule\n\nThis schedule does not apply in relation to a development application for development if—\nthe chief executive is the prescribed assessment manager for the development application; or\nthe development is for a coordinated project; or\nthe development is in a State development area; or\nthe development is in the area of a development control plan that the old Act, section 857 applies to; or\nthe development is for infrastructure stated in schedule 5 and is carried out by or for the State or a public sector entity; or\nthe development is PDA-related development; or\nthe development results in a development footprint of 500m 2 or less; or\nthe development is carried out under a development permit given for an application that was properly made before 7 February 2020; or\nthe development is consistent with a development approval—\nin effect for the premises on which the development is carried out; and\ngiven for an application that was properly made before 7 February 2020.\nUnder schedule 10 , part 10 , division 1 , section 16 , this schedule applies only in relation to development on a lot that is completely or partly in the SEQ region.\nsch 11 s 1 sub 2020 SL No. 9 s 32\n- (a) the chief executive is the prescribed assessment manager for the development application; or\n- (b) the development is for a coordinated project; or\n- (c) the development is in a State development area; or\n- (d) the development is in the area of a development control plan that the old Act, section 857 applies to; or\n- (e) the development is for infrastructure stated in schedule 5 and is carried out by or for the State or a public sector entity; or\n- (f) the development is PDA-related development; or\n- (g) the development results in a development footprint of 500m 2 or less; or\n- (h) the development is carried out under a development permit given for an application that was properly made before 7 February 2020; or\n- (i) the development is consistent with a development approval— (i) in effect for the premises on which the development is carried out; and (ii) given for an application that was properly made before 7 February 2020.\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 7 February 2020.\n- (i) in effect for the premises on which the development is carried out; and\n- (ii) given for an application that was properly made before 7 February 2020.","sortOrder":446},{"sectionNumber":"sch.11-sec.2","sectionType":"section","heading":"Meaning of safe koala movement measure","content":"### sch.11-sec.2 Meaning of safe koala movement measure\n\nA safe koala movement measure is a measure that enables the safe movement of koalas by—\nproviding opportunities for koalas to feed, disperse and seek refuge; or\nreducing threats to koalas.\nretaining koala habitat trees, within the meaning of the Nature Conservation (Koala) Conservation Plan 2017 , and other native vegetation in landscaping\nrehabilitating an area that has been cleared of native vegetation\nusing koala-friendly fencing that koalas can safely climb through, over or under\ninstalling a fauna overpass or underpass that koalas can use to move above or below an area that is dangerous for koalas\ninstalling koala safety fencing to prevent koalas from entering an area that is dangerous for koalas or to direct koalas towards fauna infrastructure\nusing koala-safe road design and placement to reduce the threat of vehicle strikes and allow koalas to move through the landscape\nsch 11 s 2 sub 2020 SL No. 9 s 32\n- (a) providing opportunities for koalas to feed, disperse and seek refuge; or\n- (b) reducing threats to koalas.\n- • retaining koala habitat trees, within the meaning of the Nature Conservation (Koala) Conservation Plan 2017 , and other native vegetation in landscaping\n- • rehabilitating an area that has been cleared of native vegetation\n- • using koala-friendly fencing that koalas can safely climb through, over or under\n- • installing a fauna overpass or underpass that koalas can use to move above or below an area that is dangerous for koalas\n- • installing koala safety fencing to prevent koalas from entering an area that is dangerous for koalas or to direct koalas towards fauna infrastructure\n- • using koala-safe road design and placement to reduce the threat of vehicle strikes and allow koalas to move through the landscape","sortOrder":447},{"sectionNumber":"sch.11-pt.2","sectionType":"part","heading":"Development on premises in koala priority areas not interfering with koala habitat","content":"# Development on premises in koala priority areas not interfering with koala habitat","sortOrder":448},{"sectionNumber":"sch.11-sec.3","sectionType":"section","heading":"Application of part","content":"### sch.11-sec.3 Application of part\n\nThis part applies in relation to a development application for development if—\nthe development is—\nbuilding work; or\na material change of use of premises; or\noperational work; or\nreconfiguring a lot; and\nthe development does not involve interfering with koala habitat in a koala habitat area; and\nthe premises on which the development is carried out includes an area that is both—\na koala priority area; and\na koala habitat area.\nHowever, this part does not apply to the extent the development must be assessed against the assessment benchmarks under part 3 .\nsch 11 s 3 sub 2020 SL No. 9 s 32\n(sch.11-sec.3-ssec.1) This part applies in relation to a development application for development if— the development is— building work; or a material change of use of premises; or operational work; or reconfiguring a lot; and the development does not involve interfering with koala habitat in a koala habitat area; and the premises on which the development is carried out includes an area that is both— a koala priority area; and a koala habitat area.\n(sch.11-sec.3-ssec.2) However, this part does not apply to the extent the development must be assessed against the assessment benchmarks under part 3 .\n- (a) the development is— (i) building work; or (ii) a material change of use of premises; or (iii) operational work; or (iv) reconfiguring a lot; and\n- (i) building work; or\n- (ii) a material change of use of premises; or\n- (iii) operational work; or\n- (iv) reconfiguring a lot; and\n- (b) the development does not involve interfering with koala habitat in a koala habitat area; and\n- (c) the premises on which the development is carried out includes an area that is both— (i) a koala priority area; and (ii) a koala habitat area.\n- (i) a koala priority area; and\n- (ii) a koala habitat area.\n- (i) building work; or\n- (ii) a material change of use of premises; or\n- (iii) operational work; or\n- (iv) reconfiguring a lot; and\n- (i) a koala priority area; and\n- (ii) a koala habitat area.","sortOrder":449},{"sectionNumber":"sch.11-sec.4","sectionType":"section","heading":"Assessment benchmarks","content":"### sch.11-sec.4 Assessment benchmarks\n\nThe following matters are assessment benchmarks for the development—\nthe development provides, on the premises, the safe koala movement measures necessary to maximise the safe movement of koalas—\nwithin a koala habitat area on the premises; and\nbetween a koala habitat area on the premises (the first area ) and a koala habitat area or ecological corridor within 200m of the first area;\nan ecological, linkage or stepping-stone habitat corridor shown on a map in a local planning instrument\neither—\neach building, structure or works associated with the development is at least 50m from a koala habitat area; or\nthe development complies with each of the criteria stated in subsection (2) .\nFor subsection (1) (b) (ii) , the criteria are as follows—\nany change to the condition of soil as a result of the development does not adversely affect a koala habitat area;\nthe addition of nutrients to the soil\nthe erosion of the soil\nthe compaction of the soil\nany alteration of hydrological flows as a result of the development does not adversely affect a koala habitat area;\nany landscaping associated with the development that involves planting non-native vegetation does not adversely affect a koala habitat area;\nthe development does not adversely affect a koala habitat area by resulting in the increased growth or spread of weeds in the koala habitat area;\na building, structure or works associated with the development is located to minimise the amount of vegetation required to be cleared for safety purposes.\nclearing for a fire break or to reduce risks from falling branches\nsch 11 s 4 sub 2020 SL No. 9 s 32\n(sch.11-sec.4-ssec.1) The following matters are assessment benchmarks for the development— the development provides, on the premises, the safe koala movement measures necessary to maximise the safe movement of koalas— within a koala habitat area on the premises; and between a koala habitat area on the premises (the first area ) and a koala habitat area or ecological corridor within 200m of the first area; an ecological, linkage or stepping-stone habitat corridor shown on a map in a local planning instrument either— each building, structure or works associated with the development is at least 50m from a koala habitat area; or the development complies with each of the criteria stated in subsection (2) .\n(sch.11-sec.4-ssec.2) For subsection (1) (b) (ii) , the criteria are as follows— any change to the condition of soil as a result of the development does not adversely affect a koala habitat area; the addition of nutrients to the soil the erosion of the soil the compaction of the soil any alteration of hydrological flows as a result of the development does not adversely affect a koala habitat area; any landscaping associated with the development that involves planting non-native vegetation does not adversely affect a koala habitat area; the development does not adversely affect a koala habitat area by resulting in the increased growth or spread of weeds in the koala habitat area; a building, structure or works associated with the development is located to minimise the amount of vegetation required to be cleared for safety purposes. clearing for a fire break or to reduce risks from falling branches\n- (a) the development provides, on the premises, the safe koala movement measures necessary to maximise the safe movement of koalas— (i) within a koala habitat area on the premises; and (ii) between a koala habitat area on the premises (the first area ) and a koala habitat area or ecological corridor within 200m of the first area; Examples of an ecological corridor— an ecological, linkage or stepping-stone habitat corridor shown on a map in a local planning instrument\n- (i) within a koala habitat area on the premises; and\n- (ii) between a koala habitat area on the premises (the first area ) and a koala habitat area or ecological corridor within 200m of the first area; Examples of an ecological corridor— an ecological, linkage or stepping-stone habitat corridor shown on a map in a local planning instrument\n- (b) either— (i) each building, structure or works associated with the development is at least 50m from a koala habitat area; or (ii) the development complies with each of the criteria stated in subsection (2) .\n- (i) each building, structure or works associated with the development is at least 50m from a koala habitat area; or\n- (ii) the development complies with each of the criteria stated in subsection (2) .\n- (i) within a koala habitat area on the premises; and\n- (ii) between a koala habitat area on the premises (the first area ) and a koala habitat area or ecological corridor within 200m of the first area; Examples of an ecological corridor— an ecological, linkage or stepping-stone habitat corridor shown on a map in a local planning instrument\n- (i) each building, structure or works associated with the development is at least 50m from a koala habitat area; or\n- (ii) the development complies with each of the criteria stated in subsection (2) .\n- (a) any change to the condition of soil as a result of the development does not adversely affect a koala habitat area; Examples of changes to the condition of soil— • the addition of nutrients to the soil • the erosion of the soil • the compaction of the soil\n- • the addition of nutrients to the soil\n- • the erosion of the soil\n- • the compaction of the soil\n- (b) any alteration of hydrological flows as a result of the development does not adversely affect a koala habitat area;\n- (c) any landscaping associated with the development that involves planting non-native vegetation does not adversely affect a koala habitat area;\n- (d) the development does not adversely affect a koala habitat area by resulting in the increased growth or spread of weeds in the koala habitat area;\n- (e) a building, structure or works associated with the development is located to minimise the amount of vegetation required to be cleared for safety purposes. Examples of clearing for safety purposes— clearing for a fire break or to reduce risks from falling branches\n- • the addition of nutrients to the soil\n- • the erosion of the soil\n- • the compaction of the soil","sortOrder":450},{"sectionNumber":"sch.11-pt.3","sectionType":"part","heading":"Development in identified koala broad-hectare areas","content":"# Development in identified koala broad-hectare areas","sortOrder":451},{"sectionNumber":"sch.11-sec.5","sectionType":"section","heading":"Application of part","content":"### sch.11-sec.5 Application of part\n\nThis part applies in relation to a development application for development to the extent the development—\nis in an identified koala broad-hectare area; and\nis—\nassessable development under a planning scheme or TLPI; or\nreconfiguring a lot that is assessable development under schedule 10 , part 14 , division 1 , section 21 .\nHowever, this part does not apply—\nif the development results in a total area on the premises of 500m 2 or less of 1 or more koala habitat areas being cleared of native vegetation since 7 February 2020; or\nto the extent the development is for an extractive industry.\nsch 11 s 5 sub 2020 SL No. 9 s 32\n(sch.11-sec.5-ssec.1) This part applies in relation to a development application for development to the extent the development— is in an identified koala broad-hectare area; and is— assessable development under a planning scheme or TLPI; or reconfiguring a lot that is assessable development under schedule 10 , part 14 , division 1 , section 21 .\n(sch.11-sec.5-ssec.2) However, this part does not apply— if the development results in a total area on the premises of 500m 2 or less of 1 or more koala habitat areas being cleared of native vegetation since 7 February 2020; or to the extent the development is for an extractive industry.\n- (a) is in an identified koala broad-hectare area; and\n- (b) is— (i) assessable development under a planning scheme or TLPI; or (ii) reconfiguring a lot that is assessable development under schedule 10 , part 14 , division 1 , section 21 .\n- (i) assessable development under a planning scheme or TLPI; or\n- (ii) reconfiguring a lot that is assessable development under schedule 10 , part 14 , division 1 , section 21 .\n- (i) assessable development under a planning scheme or TLPI; or\n- (ii) reconfiguring a lot that is assessable development under schedule 10 , part 14 , division 1 , section 21 .\n- (a) if the development results in a total area on the premises of 500m 2 or less of 1 or more koala habitat areas being cleared of native vegetation since 7 February 2020; or\n- (b) to the extent the development is for an extractive industry.","sortOrder":452},{"sectionNumber":"sch.11-sec.6","sectionType":"section","heading":"Assessment benchmarks","content":"### sch.11-sec.6 Assessment benchmarks\n\nThe following matters are assessment benchmarks for the development—\nthe development provides, on the premises, the safe koala movement measures necessary to maximise the safe movement of koalas within and through the premises;\nany clearing of native vegetation complies with the Nature Conservation (Koala) Conservation Plan 2017 , sections 10 and 11 to the extent the sections apply to the clearing;\nmeasures are implemented to ensure that a construction activity on the premises does not increase the risk of death or injury to koalas;\nany area on the premises that is cleared of native vegetation as a result of a construction activity is progressively rehabilitated.\nsch 11 s 6 sub 2020 SL No. 9 s 32\n- (a) the development provides, on the premises, the safe koala movement measures necessary to maximise the safe movement of koalas within and through the premises;\n- (b) any clearing of native vegetation complies with the Nature Conservation (Koala) Conservation Plan 2017 , sections 10 and 11 to the extent the sections apply to the clearing;\n- (c) measures are implemented to ensure that a construction activity on the premises does not increase the risk of death or injury to koalas;\n- (d) any area on the premises that is cleared of native vegetation as a result of a construction activity is progressively rehabilitated.","sortOrder":453},{"sectionNumber":"sch.11-pt.4","sectionType":"part","heading":"Relationship with other assessment benchmarks","content":"# Relationship with other assessment benchmarks","sortOrder":454},{"sectionNumber":"sch.11-sec.7","sectionType":"section","heading":"When local assessment benchmarks are not inconsistent with part 2 or 3","content":"### sch.11-sec.7 When local assessment benchmarks are not inconsistent with part 2 or 3\n\nThis section applies if—\na local categorising instrument states assessment benchmarks ( local assessment benchmarks ) for development in relation to which part 2 or 3 applies; and\nthe local assessment benchmarks are in relation to the conservation of koalas.\nThe local assessment benchmarks are not inconsistent with the assessment benchmarks under part 2 or 3 to the extent the local assessment benchmarks contain extra requirements for the development.\nsch 11 s 7 sub 2020 SL No. 9 s 32\n(sch.11-sec.7-ssec.1) This section applies if— a local categorising instrument states assessment benchmarks ( local assessment benchmarks ) for development in relation to which part 2 or 3 applies; and the local assessment benchmarks are in relation to the conservation of koalas.\n(sch.11-sec.7-ssec.2) The local assessment benchmarks are not inconsistent with the assessment benchmarks under part 2 or 3 to the extent the local assessment benchmarks contain extra requirements for the development.\n- (a) a local categorising instrument states assessment benchmarks ( local assessment benchmarks ) for development in relation to which part 2 or 3 applies; and\n- (b) the local assessment benchmarks are in relation to the conservation of koalas.","sortOrder":455},{"sectionNumber":"sch.11-sec.8","sectionType":"section","heading":null,"content":"### Section sch.11-sec.8\n\nsch 11 s 8 om 2020 SL No. 9 s 32","sortOrder":456},{"sectionNumber":"sch.11-sec.9","sectionType":"section","heading":null,"content":"### Section sch.11-sec.9\n\nsch 11 s 9 om 2020 SL No. 9 s 32","sortOrder":457},{"sectionNumber":"sch.11-sec.10","sectionType":"section","heading":null,"content":"### Section sch.11-sec.10\n\nsch 11 s 10 om 2020 SL No. 9 s 32","sortOrder":458},{"sectionNumber":"sch.12A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":459},{"sectionNumber":"sch.12A-sec.1","sectionType":"section","heading":"Application of schedule","content":"### sch.12A-sec.1 Application of schedule\n\nThis schedule applies to reconfiguring a lot if—\nthe reconfiguration is the subdivision of the lot into 2 or more lots (each a created lot ); and\nthe lot being reconfigured is wholly or partly in a prescribed zone under a local instrument applying to the lot; and\nno part of the lot being reconfigured is in either of the following zones under a local instrument applying to the lot—\na rural residential zone stated in schedule 2 ;\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in subparagraph (i) ; and\nat least 1 created lot is intended mainly for a residential purpose; and\nthe reconfiguration is associated with the construction or extension of a road.\nIn this section—\nprescribed zone means—\nany of the following zones stated in schedule 2 —\ngeneral residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;\nemerging community zone;\nmixed use zone; or\na zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\n(sch.12A-sec.1-ssec.1) This schedule applies to reconfiguring a lot if— the reconfiguration is the subdivision of the lot into 2 or more lots (each a created lot ); and the lot being reconfigured is wholly or partly in a prescribed zone under a local instrument applying to the lot; and no part of the lot being reconfigured is in either of the following zones under a local instrument applying to the lot— a rural residential zone stated in schedule 2 ; a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in subparagraph (i) ; and at least 1 created lot is intended mainly for a residential purpose; and the reconfiguration is associated with the construction or extension of a road.\n(sch.12A-sec.1-ssec.2) In this section— prescribed zone means— any of the following zones stated in schedule 2 — general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone; emerging community zone; mixed use zone; or a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\n- (a) the reconfiguration is the subdivision of the lot into 2 or more lots (each a created lot ); and\n- (b) the lot being reconfigured is wholly or partly in a prescribed zone under a local instrument applying to the lot; and\n- (c) no part of the lot being reconfigured is in either of the following zones under a local instrument applying to the lot— (i) a rural residential zone stated in schedule 2 ; (ii) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in subparagraph (i) ; and\n- (i) a rural residential zone stated in schedule 2 ;\n- (ii) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in subparagraph (i) ; and\n- (d) at least 1 created lot is intended mainly for a residential purpose; and\n- (e) the reconfiguration is associated with the construction or extension of a road.\n- (i) a rural residential zone stated in schedule 2 ;\n- (ii) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in subparagraph (i) ; and\n- (a) any of the following zones stated in schedule 2 — (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone; (ii) emerging community zone; (iii) mixed use zone; or\n- (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;\n- (ii) emerging community zone;\n- (iii) mixed use zone; or\n- (b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .\n- (i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;\n- (ii) emerging community zone;\n- (iii) mixed use zone; or","sortOrder":460},{"sectionNumber":"sch.12A-sec.2","sectionType":"section","heading":"Definitions for schedule","content":"### sch.12A-sec.2 Definitions for schedule\n\nIn this schedule—\nblock , in relation to reconfiguring a lot, means an area consisting of 2 or more adjacent created lots for the reconfiguration.\ncreated lot see section 1 (1) (a) .\nlocal assessment benchmark , for reconfiguring a lot, means an assessment benchmark for the reconfiguration stated in a local categorising instrument applying to the lot.\nnew road , in relation to reconfiguring a lot, means—\na road constructed in association with the reconfiguration; or\nthe extended part of a road that is extended in association with the reconfiguration.\nroad does not include—\na laneway; or\na pedestrian or bicycle path.\n- (a) a road constructed in association with the reconfiguration; or\n- (b) the extended part of a road that is extended in association with the reconfiguration.\n- (a) a laneway; or\n- (b) a pedestrian or bicycle path.","sortOrder":461},{"sectionNumber":"sch.12A-pt.2","sectionType":"part","heading":"Assessment benchmarks","content":"# Assessment benchmarks","sortOrder":462},{"sectionNumber":"sch.12A-sec.3","sectionType":"section","heading":"Purpose of part","content":"### sch.12A-sec.3 Purpose of part\n\nThis part sets out assessment benchmarks for reconfiguring a lot to which this schedule applies.\nThe purpose of this part is to ensure the reconfiguration supports convenient and comfortable walking for transport, recreation, leisure and exercise in the locality of the lot.\n(sch.12A-sec.3-ssec.1) This part sets out assessment benchmarks for reconfiguring a lot to which this schedule applies.\n(sch.12A-sec.3-ssec.2) The purpose of this part is to ensure the reconfiguration supports convenient and comfortable walking for transport, recreation, leisure and exercise in the locality of the lot.","sortOrder":463},{"sectionNumber":"sch.12A-sec.4","sectionType":"section","heading":"Connectivity","content":"### sch.12A-sec.4 Connectivity\n\nThe reconfiguration provides connectivity for pedestrians by—\nensuring that any roads constructed or extended in association with the reconfiguration are connected in a grid-like pattern that is responsive to topography and other physical constraints; and\nensuring that, to the extent topography and other physical constraints reasonably permit, any roads constructed or extended in association with the reconfiguration, or footpaths provided in relation to the reconfiguration—\nconnect to roads and footpaths in surrounding areas; or\nallow for connection to future roads and footpaths in surrounding areas.\n- (a) ensuring that any roads constructed or extended in association with the reconfiguration are connected in a grid-like pattern that is responsive to topography and other physical constraints; and\n- (b) ensuring that, to the extent topography and other physical constraints reasonably permit, any roads constructed or extended in association with the reconfiguration, or footpaths provided in relation to the reconfiguration— (i) connect to roads and footpaths in surrounding areas; or (ii) allow for connection to future roads and footpaths in surrounding areas.\n- (i) connect to roads and footpaths in surrounding areas; or\n- (ii) allow for connection to future roads and footpaths in surrounding areas.\n- (i) connect to roads and footpaths in surrounding areas; or\n- (ii) allow for connection to future roads and footpaths in surrounding areas.","sortOrder":464},{"sectionNumber":"sch.12A-sec.5","sectionType":"section","heading":"Maximum length of particular blocks","content":"### sch.12A-sec.5 Maximum length of particular blocks\n\nThe reconfiguration provides for convenient pedestrian movement by ensuring the length of each boundary of a block for the reconfiguration does not exceed the lesser of—\na maximum length for a boundary of a block stated in a local assessment benchmark for the reconfiguration; or\n250m.\nSubsection (1) does not apply in relation to a block for the reconfiguration that the development application for the reconfiguration states will be subdivided as part of a future stage of development.\n(sch.12A-sec.5-ssec.1) The reconfiguration provides for convenient pedestrian movement by ensuring the length of each boundary of a block for the reconfiguration does not exceed the lesser of— a maximum length for a boundary of a block stated in a local assessment benchmark for the reconfiguration; or 250m.\n(sch.12A-sec.5-ssec.2) Subsection (1) does not apply in relation to a block for the reconfiguration that the development application for the reconfiguration states will be subdivided as part of a future stage of development.\n- (a) a maximum length for a boundary of a block stated in a local assessment benchmark for the reconfiguration; or\n- (b) 250m.","sortOrder":465},{"sectionNumber":"sch.12A-sec.6","sectionType":"section","heading":"Street trees","content":"### sch.12A-sec.6 Street trees\n\nThe reconfiguration provides shade for comfortable walking by—\nif a local assessment benchmark for the reconfiguration requires the planting of more than 1 tree per 15m on each side of a new road—complying with the local assessment benchmark; or\notherwise—ensuring at least 1 tree is planted per 15m on each side of a new road.\n- (a) if a local assessment benchmark for the reconfiguration requires the planting of more than 1 tree per 15m on each side of a new road—complying with the local assessment benchmark; or\n- (b) otherwise—ensuring at least 1 tree is planted per 15m on each side of a new road.","sortOrder":466},{"sectionNumber":"sch.12A-sec.7","sectionType":"section","heading":"Footpaths","content":"### sch.12A-sec.7 Footpaths\n\nThe reconfiguration provides for convenient and comfortable pedestrian movement by ensuring—\nfor a new road used mainly for providing direct access to a created lot—a footpath is constructed—\nif a local assessment benchmark for the reconfiguration requires the construction of a footpath on both sides of the new road—on both sides of the road; or\notherwise—on at least 1 side of the new road; or\nfor another new road—a footpath is constructed on both sides of the road.\n- (a) for a new road used mainly for providing direct access to a created lot—a footpath is constructed— (i) if a local assessment benchmark for the reconfiguration requires the construction of a footpath on both sides of the new road—on both sides of the road; or (ii) otherwise—on at least 1 side of the new road; or\n- (i) if a local assessment benchmark for the reconfiguration requires the construction of a footpath on both sides of the new road—on both sides of the road; or\n- (ii) otherwise—on at least 1 side of the new road; or\n- (b) for another new road—a footpath is constructed on both sides of the road.\n- (i) if a local assessment benchmark for the reconfiguration requires the construction of a footpath on both sides of the new road—on both sides of the road; or\n- (ii) otherwise—on at least 1 side of the new road; or","sortOrder":467},{"sectionNumber":"sch.12A-sec.8","sectionType":"section","heading":"Parks and other areas of open space","content":"### sch.12A-sec.8 Parks and other areas of open space\n\nThe reconfiguration ensures access to areas for recreation, leisure or exercise by ensuring that, to the extent topography and other physical constraints reasonably permit, a part of each block for the reconfiguration is within 400m of a park or another area of open space that is accessible to the public.\nIn this section—\npark includes—\nan existing park; and\na park, to be provided under a development approval, if development of the park has started; and\nland identified as a park in a local planning instrument; and\nland identified in an LGIP for public park infrastructure.\n(sch.12A-sec.8-ssec.1) The reconfiguration ensures access to areas for recreation, leisure or exercise by ensuring that, to the extent topography and other physical constraints reasonably permit, a part of each block for the reconfiguration is within 400m of a park or another area of open space that is accessible to the public.\n(sch.12A-sec.8-ssec.2) In this section— park includes— an existing park; and a park, to be provided under a development approval, if development of the park has started; and land identified as a park in a local planning instrument; and land identified in an LGIP for public park infrastructure.\n- (a) an existing park; and\n- (b) a park, to be provided under a development approval, if development of the park has started; and\n- (c) land identified as a park in a local planning instrument; and\n- (d) land identified in an LGIP for public park infrastructure.","sortOrder":468},{"sectionNumber":"sch.12A-pt.3","sectionType":"part","heading":"Relationship with other assessment benchmarks","content":"# Relationship with other assessment benchmarks","sortOrder":469},{"sectionNumber":"sch.12A-sec.9","sectionType":"section","heading":"When local assessment benchmarks are not inconsistent with pt 2","content":"### sch.12A-sec.9 When local assessment benchmarks are not inconsistent with pt 2\n\nThis section applies if a local assessment benchmark for the reconfiguration is in relation to the purpose mentioned in section 3 (2) .\nThe local assessment benchmark is not inconsistent with an assessment benchmark under part 2 to the extent the local assessment benchmark contains extra requirements for the reconfiguration.\n(sch.12A-sec.9-ssec.1) This section applies if a local assessment benchmark for the reconfiguration is in relation to the purpose mentioned in section 3 (2) .\n(sch.12A-sec.9-ssec.2) The local assessment benchmark is not inconsistent with an assessment benchmark under part 2 to the extent the local assessment benchmark contains extra requirements for the reconfiguration.","sortOrder":470},{"sectionNumber":"sch.13-pt.1","sectionType":"part","heading":"Requirements","content":"# Requirements","sortOrder":471},{"sectionNumber":"sch.13-sec.1","sectionType":"section","heading":"Requirements for material change of use or operational work","content":"### sch.13-sec.1 Requirements for material change of use or operational work\n\nThis section applies to—\na material change of use of premises for cropping involving forestry for wood production; or\noperational work that is, or is necessarily associated with, harvesting trees for wood production.\nA local categorising instrument is prohibited from stating that the development is assessable development in a rural zone, if—\nthe use or work is at a distance of at least the separation distance stated in part 2 , table 1, column 2 from a structure or thing stated in part 2 , table 1, column 1 opposite the separation distance; and\nseedlings within the separation distance stated in paragraph (a) are removed if the seedlings—\nare the same species as the trees to be harvested; and\nare not native to the local area; and\nfor land with a slope of more than 10% but less than 25%—the development uses only—\nmechanical strip cultivation on the contour; or\nspot cultivation; or\nmanual cultivation; and\nfor land with a slope of 25% or more—the development uses only—\nspot cultivation; or\nmanual cultivation; and\nthe construction, operation or maintenance of a track or road for the development does not adversely affect—\na natural drainage feature on the land; or\nland that is subject to erosion or landslide; and\na track or road for the development—\nis appropriately drained; and\nhas a stable surface; and\ndrainage structures for a track or road for the development are regularly maintained; and\ndrainage water from a track or road for the development is directed away from exposed soils and onto undisturbed ground or other areas with a stable surface; and\nfor development involving a forest for wood production that is less than 40ha—a fire break that is at least 7m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; and\nfor development involving a forest for wood production that is at least 40ha, but less than 100ha—a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; and\nfor development involving a forest for wood production that is 100ha or more—\na fire break that is at least 20m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; or\nboth of the following things are established and maintained—\na fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested;\na fuel reduction area immediately behind the fire break that is at least 10m wide; and\ntrees to be harvested in the fuel reduction area are pruned to a minimum height of 5m when the trees reach a height of 10m; and\nfirebreaks are kept clear of flammable material with a height of more than 1m; and\nfire access tracks and roads that are at least 4m wide are established and maintained on the premises; and\neach part of the forest for wood production is within 250m of a fire access track or road.\nDespite subsection (2) (a) , the following works may be carried out within the separation distance stated in the subsection—\nthe construction of roads and tracks for the development;\nmaintenance works for the development.\nIn this section—\nfirebreak means a firebreak between—\nthe forest for wood production; and\nany infrastructure or neighbouring land.\n(sch.13-sec.1-ssec.1) This section applies to— a material change of use of premises for cropping involving forestry for wood production; or operational work that is, or is necessarily associated with, harvesting trees for wood production.\n(sch.13-sec.1-ssec.2) A local categorising instrument is prohibited from stating that the development is assessable development in a rural zone, if— the use or work is at a distance of at least the separation distance stated in part 2 , table 1, column 2 from a structure or thing stated in part 2 , table 1, column 1 opposite the separation distance; and seedlings within the separation distance stated in paragraph (a) are removed if the seedlings— are the same species as the trees to be harvested; and are not native to the local area; and for land with a slope of more than 10% but less than 25%—the development uses only— mechanical strip cultivation on the contour; or spot cultivation; or manual cultivation; and for land with a slope of 25% or more—the development uses only— spot cultivation; or manual cultivation; and the construction, operation or maintenance of a track or road for the development does not adversely affect— a natural drainage feature on the land; or land that is subject to erosion or landslide; and a track or road for the development— is appropriately drained; and has a stable surface; and drainage structures for a track or road for the development are regularly maintained; and drainage water from a track or road for the development is directed away from exposed soils and onto undisturbed ground or other areas with a stable surface; and for development involving a forest for wood production that is less than 40ha—a fire break that is at least 7m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; and for development involving a forest for wood production that is at least 40ha, but less than 100ha—a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; and for development involving a forest for wood production that is 100ha or more— a fire break that is at least 20m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; or both of the following things are established and maintained— a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested; a fuel reduction area immediately behind the fire break that is at least 10m wide; and trees to be harvested in the fuel reduction area are pruned to a minimum height of 5m when the trees reach a height of 10m; and firebreaks are kept clear of flammable material with a height of more than 1m; and fire access tracks and roads that are at least 4m wide are established and maintained on the premises; and each part of the forest for wood production is within 250m of a fire access track or road.\n(sch.13-sec.1-ssec.3) Despite subsection (2) (a) , the following works may be carried out within the separation distance stated in the subsection— the construction of roads and tracks for the development; maintenance works for the development.\n(sch.13-sec.1-ssec.4) In this section— firebreak means a firebreak between— the forest for wood production; and any infrastructure or neighbouring land.\n- (a) a material change of use of premises for cropping involving forestry for wood production; or\n- (b) operational work that is, or is necessarily associated with, harvesting trees for wood production.\n- (a) the use or work is at a distance of at least the separation distance stated in part 2 , table 1, column 2 from a structure or thing stated in part 2 , table 1, column 1 opposite the separation distance; and\n- (b) seedlings within the separation distance stated in paragraph (a) are removed if the seedlings— (i) are the same species as the trees to be harvested; and (ii) are not native to the local area; and\n- (i) are the same species as the trees to be harvested; and\n- (ii) are not native to the local area; and\n- (c) for land with a slope of more than 10% but less than 25%—the development uses only— (i) mechanical strip cultivation on the contour; or (ii) spot cultivation; or (iii) manual cultivation; and\n- (i) mechanical strip cultivation on the contour; or\n- (ii) spot cultivation; or\n- (iii) manual cultivation; and\n- (d) for land with a slope of 25% or more—the development uses only— (i) spot cultivation; or (ii) manual cultivation; and\n- (i) spot cultivation; or\n- (ii) manual cultivation; and\n- (e) the construction, operation or maintenance of a track or road for the development does not adversely affect— (i) a natural drainage feature on the land; or (ii) land that is subject to erosion or landslide; and\n- (i) a natural drainage feature on the land; or\n- (ii) land that is subject to erosion or landslide; and\n- (f) a track or road for the development— (i) is appropriately drained; and (ii) has a stable surface; and\n- (i) is appropriately drained; and\n- (ii) has a stable surface; and\n- (g) drainage structures for a track or road for the development are regularly maintained; and\n- (h) drainage water from a track or road for the development is directed away from exposed soils and onto undisturbed ground or other areas with a stable surface; and\n- (i) for development involving a forest for wood production that is less than 40ha—a fire break that is at least 7m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; and\n- (j) for development involving a forest for wood production that is at least 40ha, but less than 100ha—a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; and\n- (k) for development involving a forest for wood production that is 100ha or more— (i) a fire break that is at least 20m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; or (ii) both of the following things are established and maintained— (A) a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested; (B) a fuel reduction area immediately behind the fire break that is at least 10m wide; and\n- (i) a fire break that is at least 20m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; or\n- (ii) both of the following things are established and maintained— (A) a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested; (B) a fuel reduction area immediately behind the fire break that is at least 10m wide; and\n- (A) a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested;\n- (B) a fuel reduction area immediately behind the fire break that is at least 10m wide; and\n- (l) trees to be harvested in the fuel reduction area are pruned to a minimum height of 5m when the trees reach a height of 10m; and\n- (m) firebreaks are kept clear of flammable material with a height of more than 1m; and\n- (n) fire access tracks and roads that are at least 4m wide are established and maintained on the premises; and\n- (o) each part of the forest for wood production is within 250m of a fire access track or road.\n- (i) are the same species as the trees to be harvested; and\n- (ii) are not native to the local area; and\n- (i) mechanical strip cultivation on the contour; or\n- (ii) spot cultivation; or\n- (iii) manual cultivation; and\n- (i) spot cultivation; or\n- (ii) manual cultivation; and\n- (i) a natural drainage feature on the land; or\n- (ii) land that is subject to erosion or landslide; and\n- (i) is appropriately drained; and\n- (ii) has a stable surface; and\n- (i) a fire break that is at least 20m wide, measured from the base of the outermost tree in the forest to be harvested, is established and maintained; or\n- (ii) both of the following things are established and maintained— (A) a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested; (B) a fuel reduction area immediately behind the fire break that is at least 10m wide; and\n- (A) a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested;\n- (B) a fuel reduction area immediately behind the fire break that is at least 10m wide; and\n- (A) a fire break that is at least 10m wide, measured from the base of the outermost tree in the forest to be harvested;\n- (B) a fuel reduction area immediately behind the fire break that is at least 10m wide; and\n- (a) the construction of roads and tracks for the development;\n- (b) maintenance works for the development.\n- (a) the forest for wood production; and\n- (b) any infrastructure or neighbouring land.","sortOrder":472},{"sectionNumber":"sch.13-pt.2","sectionType":"part","heading":"Separation distances","content":"# Separation distances","sortOrder":473},{"sectionNumber":"sch.19-pt.1","sectionType":"part","heading":"Special fire services","content":"# Special fire services","sortOrder":474},{"sectionNumber":"sch.19-pt.2","sectionType":"part","heading":"Matters referral agency’s assessment must be against","content":"# Matters referral agency’s assessment must be against","sortOrder":475},{"sectionNumber":"sch.19-sec","sectionType":"section","heading":"Smoke control systems","content":"### sch.19-sec Smoke control systems\n\nachievement of specified performance of systems\nsuitability of automatic detector operation of stairwell pressurisation systems, smoke-and-heat vents and smoke exhaust systems\nsuitability of operational controls and indicators\n- • achievement of specified performance of systems\n- • suitability of automatic detector operation of stairwell pressurisation systems, smoke-and-heat vents and smoke exhaust systems\n- • suitability of operational controls and indicators","sortOrder":476},{"sectionNumber":"sch.19-sec-oc.2","sectionType":"section","heading":"Emergency lifts","content":"### sch.19-sec-oc.2 Emergency lifts\n\noperation of fire service controls in lifts\n- • operation of fire service controls in lifts","sortOrder":477},{"sectionNumber":"sch.19-sec-oc.3","sectionType":"section","heading":"Sound systems and intercom systems for emergency purposes","content":"### sch.19-sec-oc.3 Sound systems and intercom systems for emergency purposes\n\nachievement of specified performance of sound systems and intercom systems\noperation of interface of sound systems and intercom systems\nlocation of main emergency control panel and warden intercom points\nsuitability of warning tone and sound pressure levels under test\n- • achievement of specified performance of sound systems and intercom systems\n- • operation of interface of sound systems and intercom systems\n- • location of main emergency control panel and warden intercom points\n- • suitability of warning tone and sound pressure levels under test","sortOrder":478},{"sectionNumber":"sch.19-sec-oc.4","sectionType":"section","heading":"Fire control centres","content":"### sch.19-sec-oc.4 Fire control centres\n\nlocation of control centre\nsuitability of contents, ventilation, signage, lighting and sound levels of control centre\n- • location of control centre\n- • suitability of contents, ventilation, signage, lighting and sound levels of control centre","sortOrder":479},{"sectionNumber":"sch.19-sec-oc.5","sectionType":"section","heading":"Fire detection and alarm systems, other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel","content":"### sch.19-sec-oc.5 Fire detection and alarm systems, other than stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel\n\nachievement of specified performance of detection and alarm systems\nlocation and operation of main fire indicator panel, sub-indicator panels, mimic panels, repeater panels, strobe lights and directional signs\noperation of direct fire service alarm\nsuitability of nominated types of detection in all areas, and the location of manual call points\nsuitability of weather protection, accessibility and lighting of equipment\nif the sensitivity of a fire detection or alarm system can be changed—suitability of the sensitivity setting having regard to the location of the system and the Australian Standard for that system\n- • achievement of specified performance of detection and alarm systems\n- • location and operation of main fire indicator panel, sub-indicator panels, mimic panels, repeater panels, strobe lights and directional signs\n- • operation of direct fire service alarm\n- • suitability of nominated types of detection in all areas, and the location of manual call points\n- • suitability of weather protection, accessibility and lighting of equipment\n- • if the sensitivity of a fire detection or alarm system can be changed—suitability of the sensitivity setting having regard to the location of the system and the Australian Standard for that system","sortOrder":480},{"sectionNumber":"sch.19-sec-oc.6","sectionType":"section","heading":"Firefighting equipment","content":"### sch.19-sec-oc.6 Firefighting equipment\n\nachievement of specified performance\nlocation and suitability of booster connections and enclosures\nlocation and suitability of internal and roof hydrants and external hydrants including fire separation from neighbouring buildings\noperation of fixed pump-set controls and status indication\nprovision of extra hydrant services as stated in AS 2419\nprovision of suitable facilities for testing internal hydrants\nprovisions for connection of fire authority portable relay booster pump\nprovisions for hardstanding for fire appliances\n- • achievement of specified performance\n- • location and suitability of booster connections and enclosures\n- • location and suitability of internal and roof hydrants and external hydrants including fire separation from neighbouring buildings\n- • operation of fixed pump-set controls and status indication\n- • provision of extra hydrant services as stated in AS 2419\n- • provision of suitable facilities for testing internal hydrants\n- • provisions for connection of fire authority portable relay booster pump\n- • provisions for hardstanding for fire appliances","sortOrder":481},{"sectionNumber":"sch.19-sec-oc.7","sectionType":"section","heading":"Hazardous buildings","content":"### sch.19-sec-oc.7 Hazardous buildings\n\nsuitability of special fire services and site requirements for hazardous buildings stated in the Building Act , section 79\n- • suitability of special fire services and site requirements for hazardous buildings stated in the Building Act , section 79","sortOrder":482},{"sectionNumber":"sch.19-sec-oc.8","sectionType":"section","heading":"Provision for special fire hazards","content":"### sch.19-sec-oc.8 Provision for special fire hazards\n\nsuitability of special fire services for the protection of special hazards as stated in the Building Code, volume 1, part E1.10\n- • suitability of special fire services for the protection of special hazards as stated in the Building Code, volume 1, part E1.10","sortOrder":483},{"sectionNumber":"sch.19-sec-oc.9","sectionType":"section","heading":"Special automatic fire suppression systems","content":"### sch.19-sec-oc.9 Special automatic fire suppression systems\n\nachievement of specified performance\nlocation of control valves\nprovision of access for fire service vehicles\nprovision of interface with other systems and direct fire service alarm\nsuitability of extinguishment media\n- • achievement of specified performance\n- • location of control valves\n- • provision of access for fire service vehicles\n- • provision of interface with other systems and direct fire service alarm\n- • suitability of extinguishment media","sortOrder":484},{"sectionNumber":"sch.19-sec-oc.10","sectionType":"section","heading":"Sprinklers","content":"### sch.19-sec-oc.10 Sprinklers\n\noperation of direct fire service alarm and location of directional signs\noperation of pump-set controls and status indications\nprovision of suitable fire protection for special hazards as stated in AS 2118\nlocation of valve room, pump-sets, water alarm and booster point\n- • operation of direct fire service alarm and location of directional signs\n- • operation of pump-set controls and status indications\n- • provision of suitable fire protection for special hazards as stated in AS 2118\n- • location of valve room, pump-sets, water alarm and booster point","sortOrder":485},{"sectionNumber":"sch.19-sec-oc.11","sectionType":"section","heading":"Wall-wetting sprinklers","content":"### sch.19-sec-oc.11 Wall-wetting sprinklers\n\nlocation of isolating valves\nprovision of suitable signs\n- • location of isolating valves\n- • provision of suitable signs","sortOrder":486},{"sectionNumber":"sch.19-sec-oc.12","sectionType":"section","heading":"Large isolated buildings","content":"### sch.19-sec-oc.12 Large isolated buildings\n\nsuitability of site provisions for access by fire service vehicles\n- • suitability of site provisions for access by fire service vehicles","sortOrder":487},{"sectionNumber":"sch.21-pt.1","sectionType":"part","heading":"Clearing and other activities or matters—general","content":"# Clearing and other activities or matters—general","sortOrder":488},{"sectionNumber":"sch.21-sec.1","sectionType":"section","heading":"Clearing and other activities or matters for premises generally","content":"### sch.21-sec.1 Clearing and other activities or matters for premises generally\n\nClearing vegetation under a development approval for a material change of use or reconfiguring a lot, if—\nthe approval is for a development application for which the chief executive is a referral agency in relation to vegetation clearing; or\nthe approval is for a development application—\nthat relates only to lots of less than 5ha; and\nfor which a local government is the prescribed assessment manager.\nClearing an area of vegetation within a watercourse, as defined under the Vegetation Management Act , schedule, or a lake for an activity, other than an activity relating to a material change of use or reconfiguring a lot, if—\nthe clearing is—\nsubject to an approval process, and is approved under the Act or another Act; or\na necessary and unavoidable consequence of an activity allowed by a permit given under the Water Act , section 221 ; or\na necessary and unavoidable consequence of an activity carried out under the Riverine Protection Permit Exemption Requirements; and\neither—\nthe clearing is under an accepted development vegetation clearing code, other than if the vegetation is in a category A area; or\nthe area is less than 0.5ha of a least concern regional ecosystem in a category B area; or\nthe area is less than 0.5ha in a category C, R or X area.\nClearing vegetation in an area declared under the Vegetation Management Act , section 19F , if the clearing is carried out—\nunder the management plan for the area; and\nfor—\n1 or more purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (f) , (g) , (h) or (j) ; or\nestablishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised.\nClearing vegetation—\nunder a land management agreement for a lease under the Land Act ; and\nfor 1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (d) , (f) , (g) , (h) or (j) .\nA traditional Aboriginal or Torres Strait Islander cultural activity, other than a commercial activity.\nA resource activity as defined under the Environmental Protection Act , section 107 .\nDevelopment for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 .\nClearing vegetation, for an airport-related purpose, on airport premises.\nAn activity under the Fire Services Act 1990 , section 145F , 145G , 149I or 149K (3) (a) .\nAn activity under—\nthe Electricity Act , section 101 or 112A ; or\nthe Electricity Regulation 2006 , section 17 .\nAn activity authorised under the Forestry Act .\nClearing vegetation on premises in an area for which an area management plan under the Vegetation Management Act , section 20J is in force at the time of the clearing, if—\nthe owner of the premises, within the meaning of that Act, or a person authorised by the owner, does the clearing; and\nthe clearing complies with the area management plan, including any condition of the plan requiring the owner to give notice of the clearing to the chief executive of the department in which that Act is administered.\nClearing vegetation on land stated in the Forestry Act , section 55 (1) (b) , (c) or (d) to the extent the clearing is for accessing and extracting quarry material for road works under the Transport Infrastructure Act .\nClearing vegetation for the construction or maintenance of infrastructure stated in schedule 5 , if—\nthe clearing is on designated premises; or\nthe infrastructure is government supported transport infrastructure.\nClearing vegetation in an area for which a disaster situation declaration has been made, if the clearing—\nis necessary to prevent or minimise—\nloss of human life, or illness or injury to humans; or\nproperty loss or damage; or\ndamage to the environment; and\nhappens during the period starting when the disaster situation declaration was made and ending on the later of the following days—\nthe day that is 1 year after the day on which the disaster situation declaration was made;\nanother day decided by the chief executive by notice.\nClearing vegetation that is necessary to carry out a cadastral survey of an existing property boundary, geotechnical survey or geological survey, if the area cleared is—\nfor an area in which the survey is conducted—a maximum area of 100m 2 ; and\nfor an area necessary for reasonable access to the area in which the survey is conducted—a maximum of 10m wide.\nClearing vegetation that is necessary to remediate contaminated land recorded in the environmental management register or contaminated land register.\nClearing vegetation that is necessary to carry out activities authorised to be carried out on an abandoned mine site under the Mineral Resources Act 1989 , section 344C or 344D .\nClearing vegetation that the Vegetation Management Act does not apply to or affect.\nFor clearing vegetation that the Vegetation Management Act does not affect, see, for example, section 74 of that Act.\nClearing vegetation in accordance with a restoration notice under the Vegetation Management Act or an enforcement notice under the Act if the clearing is carried out for—\n1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (g) or (j) ; or\nestablishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised.\nIn this section—\nairport premises means premises used, or to be used, completely or partly for an airport-related purpose.\nairport-related purpose means—\nthe construction, operation or maintenance of a strategic airport, including—\nair transport infrastructure; and\ncore airport infrastructure on airport land; or\nan activity or facility supporting the economical, efficient or safe functioning of a strategic airport; or\nmanufacturing aircraft or aircraft components\nservicing aircraft\nan activity or facility supporting the financial viability of a strategic airport; or\noperating an air charter business or air freight depot\noperating a flight training or skydiving business\nfor premises on airport land—development consistent with the land use plan for the airport land.\ndisaster situation declaration , for an area, means a declaration of a disaster situation for the area under the Disaster Management Act 2003 , section 64 or 69 if—\nthe declaration relates to an event stated in section 16 (1) (a) of that Act; and\nthe disaster situation has not ended under section 71 of that Act.\nmanagement plan , for an area declared under the Vegetation Management Act , section 19F , means the management plan for the area that accompanied the notice given by the owner of the land under section 19E of that Act, as amended from time to time.\nremediate , contaminated land, see the Environmental Protection Act , schedule 4 .\nRiverine Protection Permit Exemption Requirements means the document called the ‘Riverine Protection Permit Exemption Requirements’ that is—\napproved by the chief executive of the department in which the Water Act is administered; and\npublished on that department’s website.\nsch 21 s 1 amd 2018 Act No. 7 s 48 (1) ; 2018 SL No. 91 s 20 ; 2020 Act No. 14 s 218 sch 1 ; 2024 Act No. 22 s 92 sch 1\n(sch.21-sec.1-ssec.1) Clearing vegetation under a development approval for a material change of use or reconfiguring a lot, if— the approval is for a development application for which the chief executive is a referral agency in relation to vegetation clearing; or the approval is for a development application— that relates only to lots of less than 5ha; and for which a local government is the prescribed assessment manager.\n(sch.21-sec.1-ssec.2) Clearing an area of vegetation within a watercourse, as defined under the Vegetation Management Act , schedule, or a lake for an activity, other than an activity relating to a material change of use or reconfiguring a lot, if— the clearing is— subject to an approval process, and is approved under the Act or another Act; or a necessary and unavoidable consequence of an activity allowed by a permit given under the Water Act , section 221 ; or a necessary and unavoidable consequence of an activity carried out under the Riverine Protection Permit Exemption Requirements; and either— the clearing is under an accepted development vegetation clearing code, other than if the vegetation is in a category A area; or the area is less than 0.5ha of a least concern regional ecosystem in a category B area; or the area is less than 0.5ha in a category C, R or X area.\n(sch.21-sec.1-ssec.3) Clearing vegetation in an area declared under the Vegetation Management Act , section 19F , if the clearing is carried out— under the management plan for the area; and for— 1 or more purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (f) , (g) , (h) or (j) ; or establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised.\n(sch.21-sec.1-ssec.4) Clearing vegetation— under a land management agreement for a lease under the Land Act ; and for 1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (d) , (f) , (g) , (h) or (j) .\n(sch.21-sec.1-ssec.5) A traditional Aboriginal or Torres Strait Islander cultural activity, other than a commercial activity.\n(sch.21-sec.1-ssec.6) A resource activity as defined under the Environmental Protection Act , section 107 .\n(sch.21-sec.1-ssec.7) Development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 .\n(sch.21-sec.1-ssec.8) Clearing vegetation, for an airport-related purpose, on airport premises.\n(sch.21-sec.1-ssec.9) An activity under the Fire Services Act 1990 , section 145F , 145G , 149I or 149K (3) (a) .\n(sch.21-sec.1-ssec.10) An activity under— the Electricity Act , section 101 or 112A ; or the Electricity Regulation 2006 , section 17 .\n(sch.21-sec.1-ssec.11) An activity authorised under the Forestry Act .\n(sch.21-sec.1-ssec.12) Clearing vegetation on premises in an area for which an area management plan under the Vegetation Management Act , section 20J is in force at the time of the clearing, if— the owner of the premises, within the meaning of that Act, or a person authorised by the owner, does the clearing; and the clearing complies with the area management plan, including any condition of the plan requiring the owner to give notice of the clearing to the chief executive of the department in which that Act is administered.\n(sch.21-sec.1-ssec.13) Clearing vegetation on land stated in the Forestry Act , section 55 (1) (b) , (c) or (d) to the extent the clearing is for accessing and extracting quarry material for road works under the Transport Infrastructure Act .\n(sch.21-sec.1-ssec.14) Clearing vegetation for the construction or maintenance of infrastructure stated in schedule 5 , if— the clearing is on designated premises; or the infrastructure is government supported transport infrastructure.\n(sch.21-sec.1-ssec.15) Clearing vegetation in an area for which a disaster situation declaration has been made, if the clearing— is necessary to prevent or minimise— loss of human life, or illness or injury to humans; or property loss or damage; or damage to the environment; and happens during the period starting when the disaster situation declaration was made and ending on the later of the following days— the day that is 1 year after the day on which the disaster situation declaration was made; another day decided by the chief executive by notice.\n(sch.21-sec.1-ssec.16) Clearing vegetation that is necessary to carry out a cadastral survey of an existing property boundary, geotechnical survey or geological survey, if the area cleared is— for an area in which the survey is conducted—a maximum area of 100m 2 ; and for an area necessary for reasonable access to the area in which the survey is conducted—a maximum of 10m wide.\n(sch.21-sec.1-ssec.17) Clearing vegetation that is necessary to remediate contaminated land recorded in the environmental management register or contaminated land register.\n(sch.21-sec.1-ssec.18) Clearing vegetation that is necessary to carry out activities authorised to be carried out on an abandoned mine site under the Mineral Resources Act 1989 , section 344C or 344D .\n(sch.21-sec.1-ssec.19) Clearing vegetation that the Vegetation Management Act does not apply to or affect. For clearing vegetation that the Vegetation Management Act does not affect, see, for example, section 74 of that Act.\n(sch.21-sec.1-ssec.19A) Clearing vegetation in accordance with a restoration notice under the Vegetation Management Act or an enforcement notice under the Act if the clearing is carried out for— 1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (g) or (j) ; or establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised.\n(sch.21-sec.1-ssec.20) In this section— airport premises means premises used, or to be used, completely or partly for an airport-related purpose. airport-related purpose means— the construction, operation or maintenance of a strategic airport, including— air transport infrastructure; and core airport infrastructure on airport land; or an activity or facility supporting the economical, efficient or safe functioning of a strategic airport; or manufacturing aircraft or aircraft components servicing aircraft an activity or facility supporting the financial viability of a strategic airport; or operating an air charter business or air freight depot operating a flight training or skydiving business for premises on airport land—development consistent with the land use plan for the airport land. disaster situation declaration , for an area, means a declaration of a disaster situation for the area under the Disaster Management Act 2003 , section 64 or 69 if— the declaration relates to an event stated in section 16 (1) (a) of that Act; and the disaster situation has not ended under section 71 of that Act. management plan , for an area declared under the Vegetation Management Act , section 19F , means the management plan for the area that accompanied the notice given by the owner of the land under section 19E of that Act, as amended from time to time. remediate , contaminated land, see the Environmental Protection Act , schedule 4 . Riverine Protection Permit Exemption Requirements means the document called the ‘Riverine Protection Permit Exemption Requirements’ that is— approved by the chief executive of the department in which the Water Act is administered; and published on that department’s website.\n- (a) the approval is for a development application for which the chief executive is a referral agency in relation to vegetation clearing; or\n- (b) the approval is for a development application— (i) that relates only to lots of less than 5ha; and (ii) for which a local government is the prescribed assessment manager.\n- (i) that relates only to lots of less than 5ha; and\n- (ii) for which a local government is the prescribed assessment manager.\n- (i) that relates only to lots of less than 5ha; and\n- (ii) for which a local government is the prescribed assessment manager.\n- (a) the clearing is— (i) subject to an approval process, and is approved under the Act or another Act; or (ii) a necessary and unavoidable consequence of an activity allowed by a permit given under the Water Act , section 221 ; or (iii) a necessary and unavoidable consequence of an activity carried out under the Riverine Protection Permit Exemption Requirements; and\n- (i) subject to an approval process, and is approved under the Act or another Act; or\n- (ii) a necessary and unavoidable consequence of an activity allowed by a permit given under the Water Act , section 221 ; or\n- (iii) a necessary and unavoidable consequence of an activity carried out under the Riverine Protection Permit Exemption Requirements; and\n- (b) either— (i) the clearing is under an accepted development vegetation clearing code, other than if the vegetation is in a category A area; or (ii) the area is less than 0.5ha of a least concern regional ecosystem in a category B area; or (iii) the area is less than 0.5ha in a category C, R or X area.\n- (i) the clearing is under an accepted development vegetation clearing code, other than if the vegetation is in a category A area; or\n- (ii) the area is less than 0.5ha of a least concern regional ecosystem in a category B area; or\n- (iii) the area is less than 0.5ha in a category C, R or X area.\n- (i) subject to an approval process, and is approved under the Act or another Act; or\n- (ii) a necessary and unavoidable consequence of an activity allowed by a permit given under the Water Act , section 221 ; or\n- (iii) a necessary and unavoidable consequence of an activity carried out under the Riverine Protection Permit Exemption Requirements; and\n- (i) the clearing is under an accepted development vegetation clearing code, other than if the vegetation is in a category A area; or\n- (ii) the area is less than 0.5ha of a least concern regional ecosystem in a category B area; or\n- (iii) the area is less than 0.5ha in a category C, R or X area.\n- (a) under the management plan for the area; and\n- (b) for— (i) 1 or more purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (f) , (g) , (h) or (j) ; or (ii) establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised.\n- (i) 1 or more purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (f) , (g) , (h) or (j) ; or\n- (ii) establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised.\n- (i) 1 or more purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (f) , (g) , (h) or (j) ; or\n- (ii) establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised.\n- (a) under a land management agreement for a lease under the Land Act ; and\n- (b) for 1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (d) , (f) , (g) , (h) or (j) .\n- (a) the Electricity Act , section 101 or 112A ; or\n- (b) the Electricity Regulation 2006 , section 17 .\n- (a) the owner of the premises, within the meaning of that Act, or a person authorised by the owner, does the clearing; and\n- (b) the clearing complies with the area management plan, including any condition of the plan requiring the owner to give notice of the clearing to the chief executive of the department in which that Act is administered.\n- (a) the clearing is on designated premises; or\n- (b) the infrastructure is government supported transport infrastructure.\n- (a) is necessary to prevent or minimise— (i) loss of human life, or illness or injury to humans; or (ii) property loss or damage; or (iii) damage to the environment; and\n- (i) loss of human life, or illness or injury to humans; or\n- (ii) property loss or damage; or\n- (iii) damage to the environment; and\n- (b) happens during the period starting when the disaster situation declaration was made and ending on the later of the following days— (i) the day that is 1 year after the day on which the disaster situation declaration was made; (ii) another day decided by the chief executive by notice.\n- (i) the day that is 1 year after the day on which the disaster situation declaration was made;\n- (ii) another day decided by the chief executive by notice.\n- (i) loss of human life, or illness or injury to humans; or\n- (ii) property loss or damage; or\n- (iii) damage to the environment; and\n- (i) the day that is 1 year after the day on which the disaster situation declaration was made;\n- (ii) another day decided by the chief executive by notice.\n- (a) for an area in which the survey is conducted—a maximum area of 100m 2 ; and\n- (b) for an area necessary for reasonable access to the area in which the survey is conducted—a maximum of 10m wide.\n- (a) 1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (g) or (j) ; or\n- (b) establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised.\n- (a) the construction, operation or maintenance of a strategic airport, including— (i) air transport infrastructure; and (ii) core airport infrastructure on airport land; or\n- (i) air transport infrastructure; and\n- (ii) core airport infrastructure on airport land; or\n- (b) an activity or facility supporting the economical, efficient or safe functioning of a strategic airport; or Examples for paragraph (b) — • manufacturing aircraft or aircraft components • servicing aircraft\n- • manufacturing aircraft or aircraft components\n- • servicing aircraft\n- (c) an activity or facility supporting the financial viability of a strategic airport; or Examples for paragraph (c) — • operating an air charter business or air freight depot • operating a flight training or skydiving business\n- • operating an air charter business or air freight depot\n- • operating a flight training or skydiving business\n- (d) for premises on airport land—development consistent with the land use plan for the airport land.\n- (i) air transport infrastructure; and\n- (ii) core airport infrastructure on airport land; or\n- • manufacturing aircraft or aircraft components\n- • servicing aircraft\n- • operating an air charter business or air freight depot\n- • operating a flight training or skydiving business\n- (a) the declaration relates to an event stated in section 16 (1) (a) of that Act; and\n- (b) the disaster situation has not ended under section 71 of that Act.\n- (a) approved by the chief executive of the department in which the Water Act is administered; and\n- (b) published on that department’s website.","sortOrder":489},{"sectionNumber":"sch.21-pt.2","sectionType":"part","heading":"Clearing for particular land","content":"# Clearing for particular land","sortOrder":490},{"sectionNumber":"sch.21-sec.2","sectionType":"section","heading":"Freehold land","content":"### sch.21-sec.2 Freehold land\n\nFor freehold land, clearing vegetation—\nfor a forest practice; or\nthat is residential clearing; or\nthat is necessary for essential management; or\nin a category X area; or\nthat is PDA-related development; or\nunder an accepted development vegetation clearing code, other than clearing in a category A area; or\nthat is the following vegetation, if the clearing is for urban purposes in an urban area—\nregulated regrowth vegetation;\nan of concern regional ecosystem in a category B area;\na least concern regional ecosystem in a category B area; or\nthat is the following vegetation, if the clearing is necessary for routine management in an area of the land—\nregulated regrowth vegetation;\na least concern regional ecosystem in a category B area; or\nfor development—\nthat is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and\nto the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\nfor development—\nthat is a significant community project; and\nto the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n- (a) for a forest practice; or\n- (b) that is residential clearing; or\n- (c) that is necessary for essential management; or\n- (d) in a category X area; or\n- (e) that is PDA-related development; or\n- (f) under an accepted development vegetation clearing code, other than clearing in a category A area; or\n- (g) that is the following vegetation, if the clearing is for urban purposes in an urban area— (i) regulated regrowth vegetation; (ii) an of concern regional ecosystem in a category B area; (iii) a least concern regional ecosystem in a category B area; or\n- (i) regulated regrowth vegetation;\n- (ii) an of concern regional ecosystem in a category B area;\n- (iii) a least concern regional ecosystem in a category B area; or\n- (h) that is the following vegetation, if the clearing is necessary for routine management in an area of the land— (i) regulated regrowth vegetation; (ii) a least concern regional ecosystem in a category B area; or\n- (i) regulated regrowth vegetation;\n- (ii) a least concern regional ecosystem in a category B area; or\n- (i) for development— (i) that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\n- (i) that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\n- (j) for development— (i) that is a significant community project; and (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n- (i) that is a significant community project; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n- (i) regulated regrowth vegetation;\n- (ii) an of concern regional ecosystem in a category B area;\n- (iii) a least concern regional ecosystem in a category B area; or\n- (i) regulated regrowth vegetation;\n- (ii) a least concern regional ecosystem in a category B area; or\n- (i) that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\n- (i) that is a significant community project; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.","sortOrder":491},{"sectionNumber":"sch.21-sec.3","sectionType":"section","heading":"Indigenous land","content":"### sch.21-sec.3 Indigenous land\n\nFor indigenous land, clearing vegetation—\nfor a forest practice, other than on land on which the State owns the trees; or\nfor residential clearing; or\nthat is necessary for essential management; or\nin a category X area; or\nthat is PDA-related development; or\nunder an accepted development vegetation clearing code, other than in a category A area; or\nthat is gathering, digging or removing forest products for use under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 62 ; or\nthat is the following vegetation, if the clearing is for urban purposes in an urban area—\nregulated regrowth vegetation;\nan of concern regional ecosystem in a category B area;\na least concern regional ecosystem in a category B area; or\nthat is necessary for routine management in an area of the land, if the vegetation is—\nregulated regrowth vegetation; or\na least concern regional ecosystem in a category B area; or\nfor development—\nthat is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and\nto the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\nfor development—\nthat is a significant community project; and\nto the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n- (a) for a forest practice, other than on land on which the State owns the trees; or\n- (b) for residential clearing; or\n- (c) that is necessary for essential management; or\n- (d) in a category X area; or\n- (e) that is PDA-related development; or\n- (f) under an accepted development vegetation clearing code, other than in a category A area; or\n- (g) that is gathering, digging or removing forest products for use under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 , section 62 ; or\n- (h) that is the following vegetation, if the clearing is for urban purposes in an urban area— (i) regulated regrowth vegetation; (ii) an of concern regional ecosystem in a category B area; (iii) a least concern regional ecosystem in a category B area; or\n- (i) regulated regrowth vegetation;\n- (ii) an of concern regional ecosystem in a category B area;\n- (iii) a least concern regional ecosystem in a category B area; or\n- (i) that is necessary for routine management in an area of the land, if the vegetation is— (i) regulated regrowth vegetation; or (ii) a least concern regional ecosystem in a category B area; or\n- (i) regulated regrowth vegetation; or\n- (ii) a least concern regional ecosystem in a category B area; or\n- (j) for development— (i) that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\n- (i) that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\n- (k) for development— (i) that is a significant community project; and (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n- (i) that is a significant community project; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n- (i) regulated regrowth vegetation;\n- (ii) an of concern regional ecosystem in a category B area;\n- (iii) a least concern regional ecosystem in a category B area; or\n- (i) regulated regrowth vegetation; or\n- (ii) a least concern regional ecosystem in a category B area; or\n- (i) that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\n- (i) that is a significant community project; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.","sortOrder":492},{"sectionNumber":"sch.21-sec.4","sectionType":"section","heading":"Land leased under Land Act","content":"### sch.21-sec.4 Land leased under Land Act\n\nFor land leased under the Land Act for agriculture or grazing purposes, clearing vegetation—\nthat is residential clearing; or\nthat is necessary for essential management; or\nin a category X area; or\nunder an accepted development vegetation clearing code, other than in a category A area; or\nthat is necessary for routine management in an area of the land, if the vegetation is—\nregulated regrowth vegetation; or\na least concern regional ecosystem in a category B area; or\nfor development—\nthat is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and\nto the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\nfor development—\nthat is a significant community project; and\nto the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\nFor land leased under the Land Act , other than for agriculture or grazing purposes, clearing vegetation that is consistent with the purposes of the lease, if the clearing—\nis residential clearing; or\nis necessary for essential management; or\nis in a category R area or category X area; or\nis under an accepted development vegetation clearing code, other than in a category A area; or\nis for urban purposes in an urban area and involves clearing vegetation that is—\nregulated regrowth vegetation; or\nan of concern regional ecosystem in a category B area; or\na least concern regional ecosystem in a category B area; or\nis necessary for routine management in an area of the land and the vegetation is—\nregulated regrowth vegetation; or\na least concern regional ecosystem in a category B area.\n(sch.21-sec.4-ssec.1) For land leased under the Land Act for agriculture or grazing purposes, clearing vegetation— that is residential clearing; or that is necessary for essential management; or in a category X area; or under an accepted development vegetation clearing code, other than in a category A area; or that is necessary for routine management in an area of the land, if the vegetation is— regulated regrowth vegetation; or a least concern regional ecosystem in a category B area; or for development— that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or for development— that is a significant community project; and to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n(sch.21-sec.4-ssec.2) For land leased under the Land Act , other than for agriculture or grazing purposes, clearing vegetation that is consistent with the purposes of the lease, if the clearing— is residential clearing; or is necessary for essential management; or is in a category R area or category X area; or is under an accepted development vegetation clearing code, other than in a category A area; or is for urban purposes in an urban area and involves clearing vegetation that is— regulated regrowth vegetation; or an of concern regional ecosystem in a category B area; or a least concern regional ecosystem in a category B area; or is necessary for routine management in an area of the land and the vegetation is— regulated regrowth vegetation; or a least concern regional ecosystem in a category B area.\n- (a) that is residential clearing; or\n- (b) that is necessary for essential management; or\n- (c) in a category X area; or\n- (d) under an accepted development vegetation clearing code, other than in a category A area; or\n- (e) that is necessary for routine management in an area of the land, if the vegetation is— (i) regulated regrowth vegetation; or (ii) a least concern regional ecosystem in a category B area; or\n- (i) regulated regrowth vegetation; or\n- (ii) a least concern regional ecosystem in a category B area; or\n- (f) for development— (i) that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\n- (i) that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\n- (g) for development— (i) that is a significant community project; and (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n- (i) that is a significant community project; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n- (i) regulated regrowth vegetation; or\n- (ii) a least concern regional ecosystem in a category B area; or\n- (i) that is for an extractive industry, as defined under the Vegetation Management Act , schedule, in a key resource area; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area; or\n- (i) that is a significant community project; and\n- (ii) to the extent the clearing involves clearing regulated regrowth vegetation, other than in a category A area.\n- (a) is residential clearing; or\n- (b) is necessary for essential management; or\n- (c) is in a category R area or category X area; or\n- (d) is under an accepted development vegetation clearing code, other than in a category A area; or\n- (e) is for urban purposes in an urban area and involves clearing vegetation that is— (i) regulated regrowth vegetation; or (ii) an of concern regional ecosystem in a category B area; or (iii) a least concern regional ecosystem in a category B area; or\n- (i) regulated regrowth vegetation; or\n- (ii) an of concern regional ecosystem in a category B area; or\n- (iii) a least concern regional ecosystem in a category B area; or\n- (f) is necessary for routine management in an area of the land and the vegetation is— (i) regulated regrowth vegetation; or (ii) a least concern regional ecosystem in a category B area.\n- (i) regulated regrowth vegetation; or\n- (ii) a least concern regional ecosystem in a category B area.\n- (i) regulated regrowth vegetation; or\n- (ii) an of concern regional ecosystem in a category B area; or\n- (iii) a least concern regional ecosystem in a category B area; or\n- (i) regulated regrowth vegetation; or\n- (ii) a least concern regional ecosystem in a category B area.","sortOrder":493},{"sectionNumber":"sch.21-sec.5","sectionType":"section","heading":"Land dedicated as a road under Land Act","content":"### sch.21-sec.5 Land dedicated as a road under Land Act\n\nFor land that is dedicated as a road under the Land Act , clearing vegetation—\nthat is carried out by a local government, or by or for the chief executive (transport), if the clearing—\nis necessary to construct or maintain road transport infrastructure or to source construction material for roads; or\nis a category R area or category X area; or\nthat is carried out by a local government—\nto remove vegetation that is not native vegetation; or\nin accordance with a biosecurity plan made by the local government under the Biosecurity Act 2014 ; or\nthat is necessary to remove or reduce the imminent risk that the vegetation poses of serious personal injury or damage to infrastructure; or\nby fire under the Fire Services Act 1990 to reduce hazardous fuel load; or\nthat is necessary to maintain infrastructure on the road, other than fences; or\nthat is necessary to maintain a boundary fence to the maximum width of 3m; or\nthat is necessary for reasonable access to adjoining land from the formed road for a maximum width of 10m; or\nthat is necessary to maintain a firebreak or garden on the road; or\nunder an accepted development vegetation clearing code, other than in a category A area.\nsch 21 s 5 amd 2024 Act No. 22 s 92 sch 1\n- (a) that is carried out by a local government, or by or for the chief executive (transport), if the clearing— (i) is necessary to construct or maintain road transport infrastructure or to source construction material for roads; or (ii) is a category R area or category X area; or\n- (i) is necessary to construct or maintain road transport infrastructure or to source construction material for roads; or\n- (ii) is a category R area or category X area; or\n- (b) that is carried out by a local government— (i) to remove vegetation that is not native vegetation; or (ii) in accordance with a biosecurity plan made by the local government under the Biosecurity Act 2014 ; or\n- (i) to remove vegetation that is not native vegetation; or\n- (ii) in accordance with a biosecurity plan made by the local government under the Biosecurity Act 2014 ; or\n- (c) that is necessary to remove or reduce the imminent risk that the vegetation poses of serious personal injury or damage to infrastructure; or\n- (d) by fire under the Fire Services Act 1990 to reduce hazardous fuel load; or\n- (e) that is necessary to maintain infrastructure on the road, other than fences; or\n- (f) that is necessary to maintain a boundary fence to the maximum width of 3m; or\n- (g) that is necessary for reasonable access to adjoining land from the formed road for a maximum width of 10m; or\n- (h) that is necessary to maintain a firebreak or garden on the road; or\n- (i) under an accepted development vegetation clearing code, other than in a category A area.\n- (i) is necessary to construct or maintain road transport infrastructure or to source construction material for roads; or\n- (ii) is a category R area or category X area; or\n- (i) to remove vegetation that is not native vegetation; or\n- (ii) in accordance with a biosecurity plan made by the local government under the Biosecurity Act 2014 ; or","sortOrder":494},{"sectionNumber":"sch.21-sec.6","sectionType":"section","heading":"Particular trust land under Land Act","content":"### sch.21-sec.6 Particular trust land under Land Act\n\nFor land that is trust land under the Land Act , other than indigenous land, clearing vegetation—\nthat is carried out, or allowed to be carried out, by the trustee; and\nthat is consistent with achieving the purpose of the trust; and\nthat—\nis necessary for essential management; or\nis in a category R area or category X area; or\nis to remove vegetation that is not native vegetation; or\nis in accordance with a relevant biosecurity plan under the Biosecurity Act 2014 ; or\nis for urban purposes in an urban area and the vegetation is an of concern regional ecosystem, or a least concern regional ecosystem, in a category B area; or\nis necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or\nis under an accepted development vegetation clearing code, other than in a category A area.\n- (a) that is carried out, or allowed to be carried out, by the trustee; and\n- (b) that is consistent with achieving the purpose of the trust; and\n- (c) that— (i) is necessary for essential management; or (ii) is in a category R area or category X area; or (iii) is to remove vegetation that is not native vegetation; or (iv) is in accordance with a relevant biosecurity plan under the Biosecurity Act 2014 ; or (v) is for urban purposes in an urban area and the vegetation is an of concern regional ecosystem, or a least concern regional ecosystem, in a category B area; or (vi) is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or (vii) is under an accepted development vegetation clearing code, other than in a category A area.\n- (i) is necessary for essential management; or\n- (ii) is in a category R area or category X area; or\n- (iii) is to remove vegetation that is not native vegetation; or\n- (iv) is in accordance with a relevant biosecurity plan under the Biosecurity Act 2014 ; or\n- (v) is for urban purposes in an urban area and the vegetation is an of concern regional ecosystem, or a least concern regional ecosystem, in a category B area; or\n- (vi) is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or\n- (vii) is under an accepted development vegetation clearing code, other than in a category A area.\n- (i) is necessary for essential management; or\n- (ii) is in a category R area or category X area; or\n- (iii) is to remove vegetation that is not native vegetation; or\n- (iv) is in accordance with a relevant biosecurity plan under the Biosecurity Act 2014 ; or\n- (v) is for urban purposes in an urban area and the vegetation is an of concern regional ecosystem, or a least concern regional ecosystem, in a category B area; or\n- (vi) is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or\n- (vii) is under an accepted development vegetation clearing code, other than in a category A area.","sortOrder":495},{"sectionNumber":"sch.21-sec.7","sectionType":"section","heading":"Unallocated State land","content":"### sch.21-sec.7 Unallocated State land\n\nFor land that is unallocated State land, clearing vegetation—\nthat is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act is administered; and\nthat—\nis necessary for essential management; or\nis to control declared pests or vegetation that is not native vegetation; or\nis PDA-related development; or\nis in a category R area or category X area; or\nis necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or\nis under an accepted development vegetation clearing code, other than in a category A area.\n- (a) that is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act is administered; and\n- (b) that— (i) is necessary for essential management; or (ii) is to control declared pests or vegetation that is not native vegetation; or (iii) is PDA-related development; or (iv) is in a category R area or category X area; or (v) is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or (vi) is under an accepted development vegetation clearing code, other than in a category A area.\n- (i) is necessary for essential management; or\n- (ii) is to control declared pests or vegetation that is not native vegetation; or\n- (iii) is PDA-related development; or\n- (iv) is in a category R area or category X area; or\n- (v) is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or\n- (vi) is under an accepted development vegetation clearing code, other than in a category A area.\n- (i) is necessary for essential management; or\n- (ii) is to control declared pests or vegetation that is not native vegetation; or\n- (iii) is PDA-related development; or\n- (iv) is in a category R area or category X area; or\n- (v) is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area; or\n- (vi) is under an accepted development vegetation clearing code, other than in a category A area.","sortOrder":496},{"sectionNumber":"sch.21-sec.8","sectionType":"section","heading":"Land subject to a licence or permit under Land Act","content":"### sch.21-sec.8 Land subject to a licence or permit under Land Act\n\nFor land that is subject to a licence or permit under the Land Act , clearing vegetation—\nthat is carried out by the licensee or permittee; and\nthat—\nis necessary for essential management; or\nis PDA-related development; or\nis in a category R area or category X area; or\nis for urban purposes in an urban area, if the vegetation is—\nregulated regrowth vegetation; or\nan of concern regional ecosystem in a category B area; or\na least concern regional ecosystem in a category B area; or\nis necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area or regulated regrowth vegetation; or\nis under an accepted development vegetation clearing code, other than in a category A area.\nsch 21 s 8 amd 2018 Act No. 7 s 48 (2) – (3)\n- (a) that is carried out by the licensee or permittee; and\n- (b) that— (i) is necessary for essential management; or (ii) is PDA-related development; or (iii) is in a category R area or category X area; or (iv) is for urban purposes in an urban area, if the vegetation is— (A) regulated regrowth vegetation; or (B) an of concern regional ecosystem in a category B area; or (C) a least concern regional ecosystem in a category B area; or (v) is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area or regulated regrowth vegetation; or (vi) is under an accepted development vegetation clearing code, other than in a category A area.\n- (i) is necessary for essential management; or\n- (ii) is PDA-related development; or\n- (iii) is in a category R area or category X area; or\n- (iv) is for urban purposes in an urban area, if the vegetation is— (A) regulated regrowth vegetation; or (B) an of concern regional ecosystem in a category B area; or (C) a least concern regional ecosystem in a category B area; or\n- (A) regulated regrowth vegetation; or\n- (B) an of concern regional ecosystem in a category B area; or\n- (C) a least concern regional ecosystem in a category B area; or\n- (v) is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area or regulated regrowth vegetation; or\n- (vi) is under an accepted development vegetation clearing code, other than in a category A area.\n- (i) is necessary for essential management; or\n- (ii) is PDA-related development; or\n- (iii) is in a category R area or category X area; or\n- (iv) is for urban purposes in an urban area, if the vegetation is— (A) regulated regrowth vegetation; or (B) an of concern regional ecosystem in a category B area; or (C) a least concern regional ecosystem in a category B area; or\n- (A) regulated regrowth vegetation; or\n- (B) an of concern regional ecosystem in a category B area; or\n- (C) a least concern regional ecosystem in a category B area; or\n- (v) is necessary for routine management in an area of the land, if the vegetation is a least concern regional ecosystem in a category B area or regulated regrowth vegetation; or\n- (vi) is under an accepted development vegetation clearing code, other than in a category A area.\n- (A) regulated regrowth vegetation; or\n- (B) an of concern regional ecosystem in a category B area; or\n- (C) a least concern regional ecosystem in a category B area; or","sortOrder":497},{"sectionNumber":"sch.22-pt.1","sectionType":"part","heading":"Local governments","content":"# Local governments","sortOrder":498},{"sectionNumber":"sch.22-sec.1","sectionType":"section","heading":"Documents local government must keep available for inspection and purchase","content":"### sch.22-sec.1 Documents local government must keep available for inspection and purchase\n\nA local government must keep the following documents available for inspection and purchase—\neach current State planning instrument that applies to the local government area;\neach public notice repealing a State planning instrument that applied to the local government area;\neach current local planning instrument for the local government area, including any LGIP;\neach notice, and any amended notice, given by the chief executive to the local government under section 18 (3) of the Act ;\neach proposed local planning instrument for the local government area, including any proposed amendments of a local planning instrument;\neach amendment of a local planning instrument made by the local government;\neach public notice published by the local government about—\nmaking or amending, or proposing to make or amend, a local planning instrument; or\nrepealing a TLPI or planning scheme policy; or\nreviewing a planning scheme;\na copy of any written reasons given to the chief executive under section 25 (2) (a) of the Act ;\neach superseded planning scheme for the local government area;\neach repealed or expired TLPI for the local government area;\neach explanatory statement, report, study, supporting material or document used in the preparation of a local planning instrument for the local government area;\nthe following documents prepared or used in relation to the making, amendment or review of the local government’s LGIP—\neach schedule of works model;\neach review checklist;\neach appointed reviewer statement;\na study or report;\nany notice given to the local government by the Minister under section 26 or 27 of the Act ;\na report, mentioned in section 30 (5) of the Act , prepared by the local government;\neach current designation made by the local government;\na designation register for all designations made by the local government that are in effect;\nany notice given to the local government by the Minister under section 37 (2) or (5) , 38 (2) , 39 (3) (a) or 40 (2) (a) of the Act ;\nany notice given or published by the local government under section 37 (6) of the Act about making or amending a designation;\nany notice given by the local government under section 38 (2) , 39 (3) (b) or 40 (2) (b) of the Act ;\neach exemption certificate given by or to the local government under section 46 of the Act ;\nan exemption certificate register;\nif the local government keeps a list of persons who are appropriately qualified to be an assessment manager for a development application—the list of persons, including—\nthe date each person was included on the list; and\nthe qualifications, contact details and website address of each person on the list;\nany direction given to the local government under section 96 of the Act ;\nif the local government is a party to a community benefit agreement for a development application or change application—\nthe community benefit agreement; and\nany social impact assessment report for the development application or change application given to the local government;\neach copy of a community benefit agreement given to the local government under section 106Z (3) of the Act ;\neach charges resolution of the local government;\nan infrastructure charges register;\neach infrastructure charges notice given by the local government on or after 1 January 2020, other than an amended infrastructure charges notice;\neach infrastructure charges notice to which paragraph (z) applies that is amended by the local government after 1 January 2020;\neach infrastructure agreement that the local government is a party to, or a copy of which is given to the local government under section 153 of the Act ;\neach breakup agreement that the local government is a party to;\neach show cause notice and enforcement notice—\ngiven by the local government under the Act or the Building Act ; or\na copy of which was given to the local government under the Act or the Building Act by an enforcement authority or private certifier;\nany notice given by, or to, the local government about withdrawing a show cause notice or enforcement notice;\neach enforcement order made by the P&E Court on the application of the local government;\nthe local government’s register stated in the Building Act , section 251 ;\nthe local government’s register of resolutions about land liable to flooding made under the Building Act ;\neach exemption given by the local government under the Building Act , chapter 8 , part 2 , division 3 or 4 ;\neach document given to the local government by a private certifier (class A) under the Building Act , section 86 (1) ;\neach record the local government must keep under the Building Act , section 230 ;\nall development information the local government has about a building development application under the Building Act , other than information that may be purchased from the registrar of titles;\neach superseded planning scheme request made to the local government under section 29 of the Act ;\na copy of each economic support instrument and adoption notice published by the local government under section 68E ;\na copy of each notice published by the local government under section 68G (2) .\nSee also section 3B for an additional document that must be kept available for inspection and purchase by a local government if its planning scheme includes an LGIP.\nA State planning instrument stated in subsection (1) (a) must be kept available for inspection and purchase from when the instrument is made until it is repealed or replaced, or otherwise expires.\nA proposed local planning instrument, or amendment of a local planning instrument, (the instrument ) stated in subsection (1) (e) must be kept available for inspection and purchase for the period—\nstarting—\nif the instrument is publicly notified—the day the instrument is publicly notified; or\notherwise—the day the instrument is proposed to be made; and\nending the day the instrument is made, or the local government decides not to make the instrument.\nA notice under subsection (1) (g) (iii) must be kept available for inspection and purchase for 40 business days after the notice is published.\nDespite subsection (1) , the obligation under subsection (1) (zl) only applies if the person seeking the development information applies for the information in the form approved by the chief executive (housing).\nIn this section—\nappointed reviewer statement means an appointed reviewer statement prepared in accordance with the Minister’s rules.\ndevelopment information , for a building development application under the Building Act , means information about—\nthe physical characteristics and location of infrastructure related to the application; and\nlocal government easements, encumbrances or estates or interests in land likely to be relevant to the application; and\nsite characteristic information likely to affect the assessment of the application.\ndesign levels of proposed road or footway works\ndesign or location of stormwater connections\ndesign or location of vehicle crossings\ndetails of any Queensland heritage place or local heritage place\ndischarge of swimming pool backwash water\nflood level information\nlimitations on driveway gradients\nlimitations on the capacity of sewerage, stormwater and water supply services\nlocation of any erosion control districts\nlocation of contaminated land\nlocation of land-slip areas\nlocation of mine subsidence areas\nreview checklist means a review checklist prepared in accordance with the Minister’s rules.\nschedule of works model means a schedule of works model prepared in accordance with the Minister’s rules.\nsch 22 s 1 amd 2017 SL No. 141 s 22 (1) ; 2019 SL No. 196 s 6 ; 2020 SL No. 197 s 17 (1) ; 2025 SL No. 80 s 16\n(sch.22-sec.1-ssec.1) A local government must keep the following documents available for inspection and purchase— each current State planning instrument that applies to the local government area; each public notice repealing a State planning instrument that applied to the local government area; each current local planning instrument for the local government area, including any LGIP; each notice, and any amended notice, given by the chief executive to the local government under section 18 (3) of the Act ; each proposed local planning instrument for the local government area, including any proposed amendments of a local planning instrument; each amendment of a local planning instrument made by the local government; each public notice published by the local government about— making or amending, or proposing to make or amend, a local planning instrument; or repealing a TLPI or planning scheme policy; or reviewing a planning scheme; a copy of any written reasons given to the chief executive under section 25 (2) (a) of the Act ; each superseded planning scheme for the local government area; each repealed or expired TLPI for the local government area; each explanatory statement, report, study, supporting material or document used in the preparation of a local planning instrument for the local government area; the following documents prepared or used in relation to the making, amendment or review of the local government’s LGIP— each schedule of works model; each review checklist; each appointed reviewer statement; a study or report; any notice given to the local government by the Minister under section 26 or 27 of the Act ; a report, mentioned in section 30 (5) of the Act , prepared by the local government; each current designation made by the local government; a designation register for all designations made by the local government that are in effect; any notice given to the local government by the Minister under section 37 (2) or (5) , 38 (2) , 39 (3) (a) or 40 (2) (a) of the Act ; any notice given or published by the local government under section 37 (6) of the Act about making or amending a designation; any notice given by the local government under section 38 (2) , 39 (3) (b) or 40 (2) (b) of the Act ; each exemption certificate given by or to the local government under section 46 of the Act ; an exemption certificate register; if the local government keeps a list of persons who are appropriately qualified to be an assessment manager for a development application—the list of persons, including— the date each person was included on the list; and the qualifications, contact details and website address of each person on the list; any direction given to the local government under section 96 of the Act ; if the local government is a party to a community benefit agreement for a development application or change application— the community benefit agreement; and any social impact assessment report for the development application or change application given to the local government; each copy of a community benefit agreement given to the local government under section 106Z (3) of the Act ; each charges resolution of the local government; an infrastructure charges register; each infrastructure charges notice given by the local government on or after 1 January 2020, other than an amended infrastructure charges notice; each infrastructure charges notice to which paragraph (z) applies that is amended by the local government after 1 January 2020; each infrastructure agreement that the local government is a party to, or a copy of which is given to the local government under section 153 of the Act ; each breakup agreement that the local government is a party to; each show cause notice and enforcement notice— given by the local government under the Act or the Building Act ; or a copy of which was given to the local government under the Act or the Building Act by an enforcement authority or private certifier; any notice given by, or to, the local government about withdrawing a show cause notice or enforcement notice; each enforcement order made by the P&E Court on the application of the local government; the local government’s register stated in the Building Act , section 251 ; the local government’s register of resolutions about land liable to flooding made under the Building Act ; each exemption given by the local government under the Building Act , chapter 8 , part 2 , division 3 or 4 ; each document given to the local government by a private certifier (class A) under the Building Act , section 86 (1) ; each record the local government must keep under the Building Act , section 230 ; all development information the local government has about a building development application under the Building Act , other than information that may be purchased from the registrar of titles; each superseded planning scheme request made to the local government under section 29 of the Act ; a copy of each economic support instrument and adoption notice published by the local government under section 68E ; a copy of each notice published by the local government under section 68G (2) . See also section 3B for an additional document that must be kept available for inspection and purchase by a local government if its planning scheme includes an LGIP.\n(sch.22-sec.1-ssec.2) A State planning instrument stated in subsection (1) (a) must be kept available for inspection and purchase from when the instrument is made until it is repealed or replaced, or otherwise expires.\n(sch.22-sec.1-ssec.3) A proposed local planning instrument, or amendment of a local planning instrument, (the instrument ) stated in subsection (1) (e) must be kept available for inspection and purchase for the period— starting— if the instrument is publicly notified—the day the instrument is publicly notified; or otherwise—the day the instrument is proposed to be made; and ending the day the instrument is made, or the local government decides not to make the instrument.\n(sch.22-sec.1-ssec.4) A notice under subsection (1) (g) (iii) must be kept available for inspection and purchase for 40 business days after the notice is published.\n(sch.22-sec.1-ssec.5) Despite subsection (1) , the obligation under subsection (1) (zl) only applies if the person seeking the development information applies for the information in the form approved by the chief executive (housing).\n(sch.22-sec.1-ssec.6) In this section— appointed reviewer statement means an appointed reviewer statement prepared in accordance with the Minister’s rules. development information , for a building development application under the Building Act , means information about— the physical characteristics and location of infrastructure related to the application; and local government easements, encumbrances or estates or interests in land likely to be relevant to the application; and site characteristic information likely to affect the assessment of the application. design levels of proposed road or footway works design or location of stormwater connections design or location of vehicle crossings details of any Queensland heritage place or local heritage place discharge of swimming pool backwash water flood level information limitations on driveway gradients limitations on the capacity of sewerage, stormwater and water supply services location of any erosion control districts location of contaminated land location of land-slip areas location of mine subsidence areas review checklist means a review checklist prepared in accordance with the Minister’s rules. schedule of works model means a schedule of works model prepared in accordance with the Minister’s rules.\n- (a) each current State planning instrument that applies to the local government area;\n- (b) each public notice repealing a State planning instrument that applied to the local government area;\n- (c) each current local planning instrument for the local government area, including any LGIP;\n- (d) each notice, and any amended notice, given by the chief executive to the local government under section 18 (3) of the Act ;\n- (e) each proposed local planning instrument for the local government area, including any proposed amendments of a local planning instrument;\n- (f) each amendment of a local planning instrument made by the local government;\n- (g) each public notice published by the local government about— (i) making or amending, or proposing to make or amend, a local planning instrument; or (ii) repealing a TLPI or planning scheme policy; or (iii) reviewing a planning scheme;\n- (i) making or amending, or proposing to make or amend, a local planning instrument; or\n- (ii) repealing a TLPI or planning scheme policy; or\n- (iii) reviewing a planning scheme;\n- (h) a copy of any written reasons given to the chief executive under section 25 (2) (a) of the Act ;\n- (i) each superseded planning scheme for the local government area;\n- (j) each repealed or expired TLPI for the local government area;\n- (k) each explanatory statement, report, study, supporting material or document used in the preparation of a local planning instrument for the local government area;\n- (l) the following documents prepared or used in relation to the making, amendment or review of the local government’s LGIP— (i) each schedule of works model; (ii) each review checklist; (iii) each appointed reviewer statement; (iv) a study or report;\n- (i) each schedule of works model;\n- (ii) each review checklist;\n- (iii) each appointed reviewer statement;\n- (iv) a study or report;\n- (m) any notice given to the local government by the Minister under section 26 or 27 of the Act ;\n- (n) a report, mentioned in section 30 (5) of the Act , prepared by the local government;\n- (o) each current designation made by the local government;\n- (p) a designation register for all designations made by the local government that are in effect;\n- (q) any notice given to the local government by the Minister under section 37 (2) or (5) , 38 (2) , 39 (3) (a) or 40 (2) (a) of the Act ;\n- (r) any notice given or published by the local government under section 37 (6) of the Act about making or amending a designation;\n- (s) any notice given by the local government under section 38 (2) , 39 (3) (b) or 40 (2) (b) of the Act ;\n- (t) each exemption certificate given by or to the local government under section 46 of the Act ;\n- (u) an exemption certificate register;\n- (v) if the local government keeps a list of persons who are appropriately qualified to be an assessment manager for a development application—the list of persons, including— (i) the date each person was included on the list; and (ii) the qualifications, contact details and website address of each person on the list;\n- (i) the date each person was included on the list; and\n- (ii) the qualifications, contact details and website address of each person on the list;\n- (w) any direction given to the local government under section 96 of the Act ;\n- (wa) if the local government is a party to a community benefit agreement for a development application or change application— (i) the community benefit agreement; and (ii) any social impact assessment report for the development application or change application given to the local government;\n- (i) the community benefit agreement; and\n- (ii) any social impact assessment report for the development application or change application given to the local government;\n- (wb) each copy of a community benefit agreement given to the local government under section 106Z (3) of the Act ;\n- (x) each charges resolution of the local government;\n- (y) an infrastructure charges register;\n- (z) each infrastructure charges notice given by the local government on or after 1 January 2020, other than an amended infrastructure charges notice;\n- (za) each infrastructure charges notice to which paragraph (z) applies that is amended by the local government after 1 January 2020;\n- (zb) each infrastructure agreement that the local government is a party to, or a copy of which is given to the local government under section 153 of the Act ;\n- (zc) each breakup agreement that the local government is a party to;\n- (zd) each show cause notice and enforcement notice— (i) given by the local government under the Act or the Building Act ; or (ii) a copy of which was given to the local government under the Act or the Building Act by an enforcement authority or private certifier;\n- (i) given by the local government under the Act or the Building Act ; or\n- (ii) a copy of which was given to the local government under the Act or the Building Act by an enforcement authority or private certifier;\n- (ze) any notice given by, or to, the local government about withdrawing a show cause notice or enforcement notice;\n- (zf) each enforcement order made by the P&E Court on the application of the local government;\n- (zg) the local government’s register stated in the Building Act , section 251 ;\n- (zh) the local government’s register of resolutions about land liable to flooding made under the Building Act ;\n- (zi) each exemption given by the local government under the Building Act , chapter 8 , part 2 , division 3 or 4 ;\n- (zj) each document given to the local government by a private certifier (class A) under the Building Act , section 86 (1) ;\n- (zk) each record the local government must keep under the Building Act , section 230 ;\n- (zl) all development information the local government has about a building development application under the Building Act , other than information that may be purchased from the registrar of titles;\n- (zm) each superseded planning scheme request made to the local government under section 29 of the Act ;\n- (zn) a copy of each economic support instrument and adoption notice published by the local government under section 68E ;\n- (zo) a copy of each notice published by the local government under section 68G (2) .\n- (i) making or amending, or proposing to make or amend, a local planning instrument; or\n- (ii) repealing a TLPI or planning scheme policy; or\n- (iii) reviewing a planning scheme;\n- (i) each schedule of works model;\n- (ii) each review checklist;\n- (iii) each appointed reviewer statement;\n- (iv) a study or report;\n- (i) the date each person was included on the list; and\n- (ii) the qualifications, contact details and website address of each person on the list;\n- (i) the community benefit agreement; and\n- (ii) any social impact assessment report for the development application or change application given to the local government;\n- (i) given by the local government under the Act or the Building Act ; or\n- (ii) a copy of which was given to the local government under the Act or the Building Act by an enforcement authority or private certifier;\n- (a) starting— (i) if the instrument is publicly notified—the day the instrument is publicly notified; or (ii) otherwise—the day the instrument is proposed to be made; and\n- (i) if the instrument is publicly notified—the day the instrument is publicly notified; or\n- (ii) otherwise—the day the instrument is proposed to be made; and\n- (b) ending the day the instrument is made, or the local government decides not to make the instrument.\n- (i) if the instrument is publicly notified—the day the instrument is publicly notified; or\n- (ii) otherwise—the day the instrument is proposed to be made; and\n- (a) the physical characteristics and location of infrastructure related to the application; and\n- (b) local government easements, encumbrances or estates or interests in land likely to be relevant to the application; and\n- (c) site characteristic information likely to affect the assessment of the application. Examples of information mentioned in paragraph (c) — • design levels of proposed road or footway works • design or location of stormwater connections • design or location of vehicle crossings • details of any Queensland heritage place or local heritage place • discharge of swimming pool backwash water • flood level information • limitations on driveway gradients • limitations on the capacity of sewerage, stormwater and water supply services • location of any erosion control districts • location of contaminated land • location of land-slip areas • location of mine subsidence areas\n- • design levels of proposed road or footway works\n- • design or location of stormwater connections\n- • design or location of vehicle crossings\n- • details of any Queensland heritage place or local heritage place\n- • discharge of swimming pool backwash water\n- • flood level information\n- • limitations on driveway gradients\n- • limitations on the capacity of sewerage, stormwater and water supply services\n- • location of any erosion control districts\n- • location of contaminated land\n- • location of land-slip areas\n- • location of mine subsidence areas\n- • design levels of proposed road or footway works\n- • design or location of stormwater connections\n- • design or location of vehicle crossings\n- • details of any Queensland heritage place or local heritage place\n- • discharge of swimming pool backwash water\n- • flood level information\n- • limitations on driveway gradients\n- • limitations on the capacity of sewerage, stormwater and water supply services\n- • location of any erosion control districts\n- • location of contaminated land\n- • location of land-slip areas\n- • location of mine subsidence areas","sortOrder":499},{"sectionNumber":"sch.22-sec.2","sectionType":"section","heading":"Documents local government must keep available for inspection only","content":"### sch.22-sec.2 Documents local government must keep available for inspection only\n\nA local government must keep available for inspection only—\na private certifier application register for the following applications relating to the local government’s local government area—\nall development applications made to a private certifier as the assessment manager;\nall change applications made to a private certifier as the responsible entity; and\nif the local government removes a person from a list stated in section 1 (1) (v) —a register of all persons removed from the list which includes the following information for each person removed—\nthe person’s name and contact details;\nthe date the person was originally included in the list;\nthe date the person was removed from the list.\nSubsection (1) (a) does not apply for a development application or change application until the local government—\nis given a copy of the decision notice for the application; or\nis advised by the private certifier that the application has lapsed or been withdrawn.\n(sch.22-sec.2-ssec.1) A local government must keep available for inspection only— a private certifier application register for the following applications relating to the local government’s local government area— all development applications made to a private certifier as the assessment manager; all change applications made to a private certifier as the responsible entity; and if the local government removes a person from a list stated in section 1 (1) (v) —a register of all persons removed from the list which includes the following information for each person removed— the person’s name and contact details; the date the person was originally included in the list; the date the person was removed from the list.\n(sch.22-sec.2-ssec.2) Subsection (1) (a) does not apply for a development application or change application until the local government— is given a copy of the decision notice for the application; or is advised by the private certifier that the application has lapsed or been withdrawn.\n- (a) a private certifier application register for the following applications relating to the local government’s local government area— (i) all development applications made to a private certifier as the assessment manager; (ii) all change applications made to a private certifier as the responsible entity; and\n- (i) all development applications made to a private certifier as the assessment manager;\n- (ii) all change applications made to a private certifier as the responsible entity; and\n- (b) if the local government removes a person from a list stated in section 1 (1) (v) —a register of all persons removed from the list which includes the following information for each person removed— (i) the person’s name and contact details; (ii) the date the person was originally included in the list; (iii) the date the person was removed from the list.\n- (i) the person’s name and contact details;\n- (ii) the date the person was originally included in the list;\n- (iii) the date the person was removed from the list.\n- (i) all development applications made to a private certifier as the assessment manager;\n- (ii) all change applications made to a private certifier as the responsible entity; and\n- (i) the person’s name and contact details;\n- (ii) the date the person was originally included in the list;\n- (iii) the date the person was removed from the list.\n- (a) is given a copy of the decision notice for the application; or\n- (b) is advised by the private certifier that the application has lapsed or been withdrawn.","sortOrder":500},{"sectionNumber":"sch.22-sec.3","sectionType":"section","heading":"Documents local government must or may publish on website","content":"### sch.22-sec.3 Documents local government must or may publish on website\n\nA local government must publish the documents stated in section 1 (1) (c) , (e) to (j) , (l) , (n) , (p) , (r) to (v) , (wa) , (wc) , (z) and (za) on the local government’s website.\nSee also sections 115 (8) and 118 (1) (a) of the Act and section 3A of this schedule.\nA proposed local planning instrument, or amendment of a local planning instrument, stated in section 1 (1) (e) must be kept on the website for the period stated in section 1 (3) .\nA notice stated in section 1 (1) (g) (iii) must be kept on the website for 40 business days after the notice is published.\nA local government may publish on the local government’s website—\na document stated in section 1 (1) (d) , (zd) or (ze) to (zi) ; or\nthe local government’s private certifier application register.\nsch 22 s 3 amd 2019 SL No. 196 s 7 ; 2025 SL No. 80 s 17\n(sch.22-sec.3-ssec.1) A local government must publish the documents stated in section 1 (1) (c) , (e) to (j) , (l) , (n) , (p) , (r) to (v) , (wa) , (wc) , (z) and (za) on the local government’s website. See also sections 115 (8) and 118 (1) (a) of the Act and section 3A of this schedule.\n(sch.22-sec.3-ssec.2) A proposed local planning instrument, or amendment of a local planning instrument, stated in section 1 (1) (e) must be kept on the website for the period stated in section 1 (3) .\n(sch.22-sec.3-ssec.3) A notice stated in section 1 (1) (g) (iii) must be kept on the website for 40 business days after the notice is published.\n(sch.22-sec.3-ssec.4) A local government may publish on the local government’s website— a document stated in section 1 (1) (d) , (zd) or (ze) to (zi) ; or the local government’s private certifier application register.\n- (a) a document stated in section 1 (1) (d) , (zd) or (ze) to (zi) ; or\n- (b) the local government’s private certifier application register.","sortOrder":501},{"sectionNumber":"sch.22-sec.3A","sectionType":"section","heading":"Additional documents local government with LGIP must publish on website","content":"### sch.22-sec.3A Additional documents local government with LGIP must publish on website\n\nThis section applies in relation to a local government if its planning scheme includes an LGIP.\nThe local government must publish on its website a register that—\nincludes the information that, immediately before 1 January 2020, the local government was required to keep available as part of its infrastructure charges register under section 1 (1) (y) , other than infrastructure charges information; and\nis updated at least monthly to include any information the local government is required to keep available as part of its infrastructure charges register under section 1 (1) (y) , other than infrastructure charges information; and\nis updated at least annually, before 1 December each year, to include the infrastructure charges information the local government is required to keep available as part of its infrastructure charges register under section 1 (1) (y) ; and\ncan be electronically searched by a person for information in the register about a levied charge and the trunk infrastructure to which the charge relates; and\nenables a person to download the results of an electronic search; and\nstates the day the information in the register was last updated.\nSubsection (4) applies if—\nthe estimated infrastructure charges to be levied by the local government in a financial year, stated in the local government’s annual budget or annual report for the financial year, is $20M or more; or\nthe local government’s forecast of future spending on trunk infrastructure for a financial year, stated in the local government’s annual budget for the financial year, is $20M or more.\nAs soon as practicable after the end of each quarter in the financial year, the local government must include in its register under subsection (2) trunk infrastructure information about trunk infrastructure provided during the quarter—\nby the local government; or\nunder an infrastructure agreement or condition of a development approval.\nIf subsection (4) does not apply, the local government must, when it publishes its annual report for a financial year on its website under the City of Brisbane Regulation 2012 or the Local Government Regulation 2012 , include in its register under subsection (2) trunk infrastructure information about trunk infrastructure provided during the previous financial year—\nby the local government; or\nunder an infrastructure agreement or condition of a development approval.\nIn this section—\nquarter , for a financial year, means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October.\nsch 22 s 3A ins 2019 SL No. 196 s 8\n(sch.22-sec.3A-ssec.1) This section applies in relation to a local government if its planning scheme includes an LGIP.\n(sch.22-sec.3A-ssec.2) The local government must publish on its website a register that— includes the information that, immediately before 1 January 2020, the local government was required to keep available as part of its infrastructure charges register under section 1 (1) (y) , other than infrastructure charges information; and is updated at least monthly to include any information the local government is required to keep available as part of its infrastructure charges register under section 1 (1) (y) , other than infrastructure charges information; and is updated at least annually, before 1 December each year, to include the infrastructure charges information the local government is required to keep available as part of its infrastructure charges register under section 1 (1) (y) ; and can be electronically searched by a person for information in the register about a levied charge and the trunk infrastructure to which the charge relates; and enables a person to download the results of an electronic search; and states the day the information in the register was last updated.\n(sch.22-sec.3A-ssec.3) Subsection (4) applies if— the estimated infrastructure charges to be levied by the local government in a financial year, stated in the local government’s annual budget or annual report for the financial year, is $20M or more; or the local government’s forecast of future spending on trunk infrastructure for a financial year, stated in the local government’s annual budget for the financial year, is $20M or more.\n(sch.22-sec.3A-ssec.4) As soon as practicable after the end of each quarter in the financial year, the local government must include in its register under subsection (2) trunk infrastructure information about trunk infrastructure provided during the quarter— by the local government; or under an infrastructure agreement or condition of a development approval.\n(sch.22-sec.3A-ssec.5) If subsection (4) does not apply, the local government must, when it publishes its annual report for a financial year on its website under the City of Brisbane Regulation 2012 or the Local Government Regulation 2012 , include in its register under subsection (2) trunk infrastructure information about trunk infrastructure provided during the previous financial year— by the local government; or under an infrastructure agreement or condition of a development approval.\n(sch.22-sec.3A-ssec.6) In this section— quarter , for a financial year, means a period of 3 months starting on 1 January, 1 April, 1 July or 1 October.\n- (a) includes the information that, immediately before 1 January 2020, the local government was required to keep available as part of its infrastructure charges register under section 1 (1) (y) , other than infrastructure charges information; and\n- (b) is updated at least monthly to include any information the local government is required to keep available as part of its infrastructure charges register under section 1 (1) (y) , other than infrastructure charges information; and\n- (c) is updated at least annually, before 1 December each year, to include the infrastructure charges information the local government is required to keep available as part of its infrastructure charges register under section 1 (1) (y) ; and\n- (d) can be electronically searched by a person for information in the register about a levied charge and the trunk infrastructure to which the charge relates; and\n- (e) enables a person to download the results of an electronic search; and\n- (f) states the day the information in the register was last updated.\n- (a) the estimated infrastructure charges to be levied by the local government in a financial year, stated in the local government’s annual budget or annual report for the financial year, is $20M or more; or\n- (b) the local government’s forecast of future spending on trunk infrastructure for a financial year, stated in the local government’s annual budget for the financial year, is $20M or more.\n- (a) by the local government; or\n- (b) under an infrastructure agreement or condition of a development approval.\n- (a) by the local government; or\n- (b) under an infrastructure agreement or condition of a development approval.","sortOrder":502},{"sectionNumber":"sch.22-sec.3B","sectionType":"section","heading":"Additional document local government with LGIP must keep available for inspection and purchase","content":"### sch.22-sec.3B Additional document local government with LGIP must keep available for inspection and purchase\n\nThis section applies in relation to a local government if its planning scheme includes an LGIP.\nThe local government must keep available for inspection and purchase a document that includes the trunk infrastructure information the local government publishes on its website from time to time under section 3A (4) or (5) .\nsch 22 s 3B ins 2019 SL No. 196 s 8\n(sch.22-sec.3B-ssec.1) This section applies in relation to a local government if its planning scheme includes an LGIP.\n(sch.22-sec.3B-ssec.2) The local government must keep available for inspection and purchase a document that includes the trunk infrastructure information the local government publishes on its website from time to time under section 3A (4) or (5) .","sortOrder":503},{"sectionNumber":"sch.22-pt.2","sectionType":"part","heading":"Particular assessment managers","content":"# Particular assessment managers","sortOrder":504},{"sectionNumber":"sch.22-sec.4","sectionType":"section","heading":"Application of part","content":"### sch.22-sec.4 Application of part\n\nThis part applies to an assessment manager, other than a private certifier.","sortOrder":505},{"sectionNumber":"sch.22-sec.5","sectionType":"section","heading":"Documents assessment manager must keep available for inspection and purchase","content":"### sch.22-sec.5 Documents assessment manager must keep available for inspection and purchase\n\nAn assessment manager must, for each development application and change application, other than a change application for a minor change, made to the assessment manager, keep available for inspection and purchase—\nthe application and any supporting material for the application; and\nany request made by the assessment manager to the applicant for extra information about the application and any response to the request; and\nany referral agency’s response for the application; and\nany properly made submission about the application.\nIf the assessment manager is a prescribed assessment manager, the assessment manager must also keep the following documents available for inspection and purchase—\nfor each building development application under the Building Act for a building that is approved by the assessment manager—the application and the approval documents for the application as defined under the Building Act , schedule 2 ;\nany direction given to the assessment manager by the Minister, or a copy of which is given to the assessment manager, under chapter 3 , part 6 , division 2 of the Act ;\nany call in notice or proposed call in notice given to the assessment manager;\nany notice of a proposed declaration given to the assessment manager under section 106C (2) of the Act ;\na declaration notice given to the assessment manager under section 106E (a) of the Act ;\na copy of a notice given to the assessment manager under section 106ZF (3) (b) of the Act ;\neach decision notice for a development application, change application or extension application, and each negotiated decision notice, given by the assessment manager, including any plans and specifications approved by the assessment manager in relation to the notice;\neach decision notice for a development application, change application or extension application, and each negotiated decision notice, a copy of which was given to the assessment manager by a chosen assessment manager;\neach notice of the cancellation of a development approval given to the assessment manager by a chosen assessment manager;\neach deemed approval notice given to the assessment manager;\neach decision notice on a change application given to the assessment manager under section 83 (1) of the Act ;\neach agreement the assessment manager or a referral agency is a party to about a development condition of a development approval;\neach show cause notice and enforcement notice given by the assessment manager as an enforcement authority;\neach notice given by the assessment manager withdrawing a show cause notice or enforcement notice;\neach enforcement order made by the P&E Court on the application of the assessment manager as an enforcement authority.\nThe documents stated in subsection (1) must be kept available for inspection and purchase from when the assessment manager receives the development application or change application until—\nthe application is withdrawn or lapses; or\notherwise—the end of the last period during which an appeal may be made against a decision on the application.\nThe obligation under subsection (2) (a) applies only until—\nif the building the subject of the approval is a class 10 building, other than a swimming pool fence, the earlier of the following to happen—\nthe building’s demolition or removal;\nthe end of 10 years from when the approval was given; or\nif the building the subject of the approval is of any other class or is a swimming pool fence—the building’s demolition or removal.\nThe obligation under subsection (2) (c) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application.\nThe obligation under subsection (2) (ca) applies in relation to a notice of proposed declaration for an application only until the Minister gives a declaration notice under section 106E (a) of the Act for the application, or decides not to make the declaration.\nsch 22 s 5 amd 2024 SL No. 123 s 23 ; 2025 SL No. 80 s 18\n(sch.22-sec.5-ssec.1) An assessment manager must, for each development application and change application, other than a change application for a minor change, made to the assessment manager, keep available for inspection and purchase— the application and any supporting material for the application; and any request made by the assessment manager to the applicant for extra information about the application and any response to the request; and any referral agency’s response for the application; and any properly made submission about the application.\n(sch.22-sec.5-ssec.2) If the assessment manager is a prescribed assessment manager, the assessment manager must also keep the following documents available for inspection and purchase— for each building development application under the Building Act for a building that is approved by the assessment manager—the application and the approval documents for the application as defined under the Building Act , schedule 2 ; any direction given to the assessment manager by the Minister, or a copy of which is given to the assessment manager, under chapter 3 , part 6 , division 2 of the Act ; any call in notice or proposed call in notice given to the assessment manager; any notice of a proposed declaration given to the assessment manager under section 106C (2) of the Act ; a declaration notice given to the assessment manager under section 106E (a) of the Act ; a copy of a notice given to the assessment manager under section 106ZF (3) (b) of the Act ; each decision notice for a development application, change application or extension application, and each negotiated decision notice, given by the assessment manager, including any plans and specifications approved by the assessment manager in relation to the notice; each decision notice for a development application, change application or extension application, and each negotiated decision notice, a copy of which was given to the assessment manager by a chosen assessment manager; each notice of the cancellation of a development approval given to the assessment manager by a chosen assessment manager; each deemed approval notice given to the assessment manager; each decision notice on a change application given to the assessment manager under section 83 (1) of the Act ; each agreement the assessment manager or a referral agency is a party to about a development condition of a development approval; each show cause notice and enforcement notice given by the assessment manager as an enforcement authority; each notice given by the assessment manager withdrawing a show cause notice or enforcement notice; each enforcement order made by the P&E Court on the application of the assessment manager as an enforcement authority.\n(sch.22-sec.5-ssec.3) The documents stated in subsection (1) must be kept available for inspection and purchase from when the assessment manager receives the development application or change application until— the application is withdrawn or lapses; or otherwise—the end of the last period during which an appeal may be made against a decision on the application.\n(sch.22-sec.5-ssec.4) The obligation under subsection (2) (a) applies only until— if the building the subject of the approval is a class 10 building, other than a swimming pool fence, the earlier of the following to happen— the building’s demolition or removal; the end of 10 years from when the approval was given; or if the building the subject of the approval is of any other class or is a swimming pool fence—the building’s demolition or removal.\n(sch.22-sec.5-ssec.5) The obligation under subsection (2) (c) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application.\n(sch.22-sec.5-ssec.6) The obligation under subsection (2) (ca) applies in relation to a notice of proposed declaration for an application only until the Minister gives a declaration notice under section 106E (a) of the Act for the application, or decides not to make the declaration.\n- (a) the application and any supporting material for the application; and\n- (b) any request made by the assessment manager to the applicant for extra information about the application and any response to the request; and\n- (c) any referral agency’s response for the application; and\n- (d) any properly made submission about the application.\n- (a) for each building development application under the Building Act for a building that is approved by the assessment manager—the application and the approval documents for the application as defined under the Building Act , schedule 2 ;\n- (b) any direction given to the assessment manager by the Minister, or a copy of which is given to the assessment manager, under chapter 3 , part 6 , division 2 of the Act ;\n- (c) any call in notice or proposed call in notice given to the assessment manager;\n- (ca) any notice of a proposed declaration given to the assessment manager under section 106C (2) of the Act ;\n- (cb) a declaration notice given to the assessment manager under section 106E (a) of the Act ;\n- (cc) a copy of a notice given to the assessment manager under section 106ZF (3) (b) of the Act ;\n- (d) each decision notice for a development application, change application or extension application, and each negotiated decision notice, given by the assessment manager, including any plans and specifications approved by the assessment manager in relation to the notice;\n- (e) each decision notice for a development application, change application or extension application, and each negotiated decision notice, a copy of which was given to the assessment manager by a chosen assessment manager;\n- (f) each notice of the cancellation of a development approval given to the assessment manager by a chosen assessment manager;\n- (g) each deemed approval notice given to the assessment manager;\n- (h) each decision notice on a change application given to the assessment manager under section 83 (1) of the Act ;\n- (i) each agreement the assessment manager or a referral agency is a party to about a development condition of a development approval;\n- (j) each show cause notice and enforcement notice given by the assessment manager as an enforcement authority;\n- (k) each notice given by the assessment manager withdrawing a show cause notice or enforcement notice;\n- (l) each enforcement order made by the P&E Court on the application of the assessment manager as an enforcement authority.\n- (a) the application is withdrawn or lapses; or\n- (b) otherwise—the end of the last period during which an appeal may be made against a decision on the application.\n- (a) if the building the subject of the approval is a class 10 building, other than a swimming pool fence, the earlier of the following to happen— (i) the building’s demolition or removal; (ii) the end of 10 years from when the approval was given; or\n- (i) the building’s demolition or removal;\n- (ii) the end of 10 years from when the approval was given; or\n- (b) if the building the subject of the approval is of any other class or is a swimming pool fence—the building’s demolition or removal.\n- (i) the building’s demolition or removal;\n- (ii) the end of 10 years from when the approval was given; or","sortOrder":506},{"sectionNumber":"sch.22-sec.6","sectionType":"section","heading":"Documents assessment manager must keep available for inspection only","content":"### sch.22-sec.6 Documents assessment manager must keep available for inspection only\n\nThe assessment manager must keep available for inspection only—\nan application register for all development applications and change applications, other than change applications for a minor change, made to the assessment manager; and\nif the assessment manager is a prescribed assessment manager—an application register for all development applications and change applications, other than change applications for a minor change, made to a chosen assessment manager instead of the prescribed assessment manager.\nHowever—\nthe obligation under subsection (1) (a) stops applying to a person that is a chosen assessment manager if the person is removed from the list of persons appropriately qualified to be an assessment manager held by the prescribed assessment manager; and\nsubsection (1) (a) does not apply for a development application or change application until the decision notice for the application has been given, or was required to be given, or the application lapses or is withdrawn; and\nsubsection (1) (b) does not apply for a development application or change application until the prescribed assessment manager—\nis given a copy of the decision notice for the application; or\nis advised by the chosen assessment manager that the application has lapsed or been withdrawn.\n(sch.22-sec.6-ssec.1) The assessment manager must keep available for inspection only— an application register for all development applications and change applications, other than change applications for a minor change, made to the assessment manager; and if the assessment manager is a prescribed assessment manager—an application register for all development applications and change applications, other than change applications for a minor change, made to a chosen assessment manager instead of the prescribed assessment manager.\n(sch.22-sec.6-ssec.2) However— the obligation under subsection (1) (a) stops applying to a person that is a chosen assessment manager if the person is removed from the list of persons appropriately qualified to be an assessment manager held by the prescribed assessment manager; and subsection (1) (a) does not apply for a development application or change application until the decision notice for the application has been given, or was required to be given, or the application lapses or is withdrawn; and subsection (1) (b) does not apply for a development application or change application until the prescribed assessment manager— is given a copy of the decision notice for the application; or is advised by the chosen assessment manager that the application has lapsed or been withdrawn.\n- (a) an application register for all development applications and change applications, other than change applications for a minor change, made to the assessment manager; and\n- (b) if the assessment manager is a prescribed assessment manager—an application register for all development applications and change applications, other than change applications for a minor change, made to a chosen assessment manager instead of the prescribed assessment manager.\n- (a) the obligation under subsection (1) (a) stops applying to a person that is a chosen assessment manager if the person is removed from the list of persons appropriately qualified to be an assessment manager held by the prescribed assessment manager; and\n- (b) subsection (1) (a) does not apply for a development application or change application until the decision notice for the application has been given, or was required to be given, or the application lapses or is withdrawn; and\n- (c) subsection (1) (b) does not apply for a development application or change application until the prescribed assessment manager— (i) is given a copy of the decision notice for the application; or (ii) is advised by the chosen assessment manager that the application has lapsed or been withdrawn.\n- (i) is given a copy of the decision notice for the application; or\n- (ii) is advised by the chosen assessment manager that the application has lapsed or been withdrawn.\n- (i) is given a copy of the decision notice for the application; or\n- (ii) is advised by the chosen assessment manager that the application has lapsed or been withdrawn.","sortOrder":507},{"sectionNumber":"sch.22-sec.7","sectionType":"section","heading":"Documents assessment manager must or may publish on website","content":"### sch.22-sec.7 Documents assessment manager must or may publish on website\n\nThe assessment manager must publish on the assessment manager’s website—\nthe documents stated in section 5 (1) ; and\nif the assessment manager is a prescribed assessment manager—the documents stated in section 5 (2) (d) to (h) ; and\nthe assessment manager’s application register.\nSee also section 63 (4) of the Act .\nA document stated in section 5 (1) must be kept on the website for the period stated in section 5 (3) , but may be kept on the website after that period has ended.\nThe obligation under subsection (1) (c) stops applying to a person that is a chosen assessment manager if the person is removed from the list of persons appropriately qualified to be an assessment manager held by the prescribed assessment manager.\nA prescribed assessment manager may keep the following documents on the assessment manager’s website—\nfor each development application, change application, extension application or cancellation application made to the prescribed assessment manager, or to a chosen assessment manager instead of the prescribed assessment manager—\nall the material about the application the assessment manager has received before the application is decided; and\neach notice, request or agreement about the application given or made under the Act or development assessment rules; and\nall correspondence about the application between the applicant, the assessment manager, a referral agency or a submitter;\na document stated in section 5 (2) (i) to (k) .\n(sch.22-sec.7-ssec.1) The assessment manager must publish on the assessment manager’s website— the documents stated in section 5 (1) ; and if the assessment manager is a prescribed assessment manager—the documents stated in section 5 (2) (d) to (h) ; and the assessment manager’s application register. See also section 63 (4) of the Act .\n(sch.22-sec.7-ssec.2) A document stated in section 5 (1) must be kept on the website for the period stated in section 5 (3) , but may be kept on the website after that period has ended.\n(sch.22-sec.7-ssec.3) The obligation under subsection (1) (c) stops applying to a person that is a chosen assessment manager if the person is removed from the list of persons appropriately qualified to be an assessment manager held by the prescribed assessment manager.\n(sch.22-sec.7-ssec.4) A prescribed assessment manager may keep the following documents on the assessment manager’s website— for each development application, change application, extension application or cancellation application made to the prescribed assessment manager, or to a chosen assessment manager instead of the prescribed assessment manager— all the material about the application the assessment manager has received before the application is decided; and each notice, request or agreement about the application given or made under the Act or development assessment rules; and all correspondence about the application between the applicant, the assessment manager, a referral agency or a submitter; a document stated in section 5 (2) (i) to (k) .\n- (a) the documents stated in section 5 (1) ; and\n- (b) if the assessment manager is a prescribed assessment manager—the documents stated in section 5 (2) (d) to (h) ; and\n- (c) the assessment manager’s application register. Note— See also section 63 (4) of the Act .\n- (a) for each development application, change application, extension application or cancellation application made to the prescribed assessment manager, or to a chosen assessment manager instead of the prescribed assessment manager— (i) all the material about the application the assessment manager has received before the application is decided; and (ii) each notice, request or agreement about the application given or made under the Act or development assessment rules; and (iii) all correspondence about the application between the applicant, the assessment manager, a referral agency or a submitter;\n- (i) all the material about the application the assessment manager has received before the application is decided; and\n- (ii) each notice, request or agreement about the application given or made under the Act or development assessment rules; and\n- (iii) all correspondence about the application between the applicant, the assessment manager, a referral agency or a submitter;\n- (b) a document stated in section 5 (2) (i) to (k) .\n- (i) all the material about the application the assessment manager has received before the application is decided; and\n- (ii) each notice, request or agreement about the application given or made under the Act or development assessment rules; and\n- (iii) all correspondence about the application between the applicant, the assessment manager, a referral agency or a submitter;","sortOrder":508},{"sectionNumber":"sch.22-pt.3","sectionType":"part","heading":"Referral agencies","content":"# Referral agencies","sortOrder":509},{"sectionNumber":"sch.22-sec.8","sectionType":"section","heading":"Documents referral agency must keep available for inspection and purchase","content":"### sch.22-sec.8 Documents referral agency must keep available for inspection and purchase\n\nA referral agency must keep available for inspection and purchase—\neach agreement the referral agency is a party to about a development condition of a development approval; and\neach show cause notice and enforcement notice given by the referral agency as an enforcement authority; and\neach notice given by the referral agency withdrawing a show cause notice or enforcement notice; and\neach enforcement order made by the P&E Court on the application of the referral agency as an enforcement authority.\n- (a) each agreement the referral agency is a party to about a development condition of a development approval; and\n- (b) each show cause notice and enforcement notice given by the referral agency as an enforcement authority; and\n- (c) each notice given by the referral agency withdrawing a show cause notice or enforcement notice; and\n- (d) each enforcement order made by the P&E Court on the application of the referral agency as an enforcement authority.","sortOrder":510},{"sectionNumber":"sch.22-sec.9","sectionType":"section","heading":"Documents referral agency must keep available for inspection only","content":"### sch.22-sec.9 Documents referral agency must keep available for inspection only\n\nA referral agency must keep available for inspection only a register for all development applications and change applications given to the referral agency under section 54 of the Act .\nSubsection (1) does not apply for a development application or change application until the decision notice for the application has been given, or was required to be given, or the application lapses or is withdrawn.\nThe register must include the following information for each development application and change application given to the referral agency—\nthe day the application was given to the referral agency;\nthe applicant’s name and address;\na property description that identifies the premises or the location of the premises;\nif the application is a development application—a description of the proposed development;\nif the application is a change application—a description of the proposed change;\ninformation about the referral agency’s powers in assessing the application;\nwhether the referral agency asked the applicant for extra information about the application;\nwhether a referral agency’s response was given by the referral agency and, if so, the day the response was given;\nif the application is a development application that was approved—whether a change application for the approval has been made to the referral agency as the responsible entity and, if the change application was approved, the day it was approved.\n(sch.22-sec.9-ssec.1) A referral agency must keep available for inspection only a register for all development applications and change applications given to the referral agency under section 54 of the Act .\n(sch.22-sec.9-ssec.2) Subsection (1) does not apply for a development application or change application until the decision notice for the application has been given, or was required to be given, or the application lapses or is withdrawn.\n(sch.22-sec.9-ssec.3) The register must include the following information for each development application and change application given to the referral agency— the day the application was given to the referral agency; the applicant’s name and address; a property description that identifies the premises or the location of the premises; if the application is a development application—a description of the proposed development; if the application is a change application—a description of the proposed change; information about the referral agency’s powers in assessing the application; whether the referral agency asked the applicant for extra information about the application; whether a referral agency’s response was given by the referral agency and, if so, the day the response was given; if the application is a development application that was approved—whether a change application for the approval has been made to the referral agency as the responsible entity and, if the change application was approved, the day it was approved.\n- (a) the day the application was given to the referral agency;\n- (b) the applicant’s name and address;\n- (c) a property description that identifies the premises or the location of the premises;\n- (d) if the application is a development application—a description of the proposed development;\n- (e) if the application is a change application—a description of the proposed change;\n- (f) information about the referral agency’s powers in assessing the application;\n- (g) whether the referral agency asked the applicant for extra information about the application;\n- (h) whether a referral agency’s response was given by the referral agency and, if so, the day the response was given;\n- (i) if the application is a development application that was approved—whether a change application for the approval has been made to the referral agency as the responsible entity and, if the change application was approved, the day it was approved.","sortOrder":511},{"sectionNumber":"sch.22-sec.10","sectionType":"section","heading":"Documents referral agency may publish on website","content":"### sch.22-sec.10 Documents referral agency may publish on website\n\nA referral agency may publish on the referral agency’s website—\na document stated in section 8 ; or\nthe referral agency’s register stated in section 9 (1) ; or\nfor each development application and change application given to the referral agency under section 54 of the Act —\nthe application and all the material about the application the referral agency has received before the application is decided; or\nany request made by the referral agency to the applicant requesting further information about the application and any response to the request; or\nthe referral agency’s response for the application; or\neach notice, request or agreement about the application given or made under the Act or development assessment rules; or\nall correspondence about the application between the applicant, assessment manager and referral agency; or\nfor each change application made to the referral agency as the responsible entity—\nall the material about the application the referral agency has received before the application is decided; or\neach notice, request or agreement about the application given or made under the Act or development assessment rules; or\nall correspondence about the application between the applicant, the assessment manager and the referral agency.\n- (a) a document stated in section 8 ; or\n- (b) the referral agency’s register stated in section 9 (1) ; or\n- (c) for each development application and change application given to the referral agency under section 54 of the Act — (i) the application and all the material about the application the referral agency has received before the application is decided; or (ii) any request made by the referral agency to the applicant requesting further information about the application and any response to the request; or (iii) the referral agency’s response for the application; or (iv) each notice, request or agreement about the application given or made under the Act or development assessment rules; or (v) all correspondence about the application between the applicant, assessment manager and referral agency; or\n- (i) the application and all the material about the application the referral agency has received before the application is decided; or\n- (ii) any request made by the referral agency to the applicant requesting further information about the application and any response to the request; or\n- (iii) the referral agency’s response for the application; or\n- (iv) each notice, request or agreement about the application given or made under the Act or development assessment rules; or\n- (v) all correspondence about the application between the applicant, assessment manager and referral agency; or\n- (d) for each change application made to the referral agency as the responsible entity— (i) all the material about the application the referral agency has received before the application is decided; or (ii) each notice, request or agreement about the application given or made under the Act or development assessment rules; or (iii) all correspondence about the application between the applicant, the assessment manager and the referral agency.\n- (i) all the material about the application the referral agency has received before the application is decided; or\n- (ii) each notice, request or agreement about the application given or made under the Act or development assessment rules; or\n- (iii) all correspondence about the application between the applicant, the assessment manager and the referral agency.\n- (i) the application and all the material about the application the referral agency has received before the application is decided; or\n- (ii) any request made by the referral agency to the applicant requesting further information about the application and any response to the request; or\n- (iii) the referral agency’s response for the application; or\n- (iv) each notice, request or agreement about the application given or made under the Act or development assessment rules; or\n- (v) all correspondence about the application between the applicant, assessment manager and referral agency; or\n- (i) all the material about the application the referral agency has received before the application is decided; or\n- (ii) each notice, request or agreement about the application given or made under the Act or development assessment rules; or\n- (iii) all correspondence about the application between the applicant, the assessment manager and the referral agency.","sortOrder":512},{"sectionNumber":"sch.22-pt.4","sectionType":"part","heading":"Chief executive","content":"# Chief executive","sortOrder":513},{"sectionNumber":"sch.22-sec.11","sectionType":"section","heading":"Documents chief executive must keep available for inspection and purchase","content":"### sch.22-sec.11 Documents chief executive must keep available for inspection and purchase\n\nThe chief executive must keep the following documents available for inspection and purchase—\neach current State planning instrument;\neach proposed State planning instrument, including any proposed amendments of a State planning instrument, and any explanatory statements prepared for the instrument or amendment;\neach public notice published by the Minister under section 10 , 11 , 12 or 13 of the Act ;\neach amendment of a State planning instrument made under chapter 2 , part 2 of the Act ;\nthe Minister’s guidelines and rules;\nany notice given by the Minister to a local government under section 26 (6) , 26A (4) or 27 (2) of the Act ;\nthe designation process rules made by the Minister under section 37 of the Act ;\neach current designation made by the Minister;\na designation register for all designations made by the Minister that are in effect;\neach notice given to the chief executive by the Minister under section 38 (2) , 39 (3) (a) or 40 (2) (a) of the Act ;\nany instrument stating standard conditions made by the Minister under section 64 (8) of the Act ;\nthe development assessment rules;\nif the chief executive keeps a list of persons who are appropriately qualified to be an assessment manager for a development application—the list of persons, including—\nthe date each person was included on the list; and\nthe qualifications, contact details and website address of each person on the list;\neach exemption certificate given by the chief executive under section 46 of the Act ;\nan exemption certificate register;\nany direction given by the Minister under chapter 3 , part 6 , division 2 of the Act ;\neach call in notice and proposed call in notice given by the Minister;\neach report prepared by the Minister under section 97 (1) or 106 (1) of the Act ;\neach notice of a proposed declaration given under section 106C (2) of the Act ;\neach declaration notice given under section 106E (a) of the Act ;\neach decision notice given for an application decided by the chief executive under chapter 3 , part 6A , division 3 of the Act ;\neach report prepared by the chief executive under section 106N (1) of the Act ;\neach report tabled in the Legislative Assembly under section 106N (2) of the Act ;\neach community benefit agreement the department is a party to;\neach notice given by the chief executive under section 106ZE (1) of the Act ;\neach report prepared by the chief executive and tabled in the Legislative Assembly under section 106ZH of the Act ;\neach guideline made by the Minister or chief executive under section 36 (3) , 116 (2) , 117 (2) or 283 of the Act ;\neach show cause notice and enforcement notice a copy of which was given to the chief executive under section 170 of the Act ;\nany notice given to the chief executive about withdrawing a show cause notice or enforcement notice;\neach notice of appeal given to the chief executive under section 230 (3) (f) of the Act ;\na register of registered premises;\na notice given to the chief executive under the old Act, section 456 (8) , as continued in effect under the P&E Court Act , section 80 (1) ;\na register of temporary use licences given by the chief executive under section 275I of the Act .\nA proposed State planning instrument, or amendment of a State planning instrument, (the instrument ) stated in subsection (1) (b) must be kept available for inspection and purchase from when the instrument is publicly notified until the instrument is made or the Minister decides not to make the instrument.\nThe obligation under subsection (1) (q) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application.\nThe obligation under subsection (1) (ra) applies in relation to a notice of proposed declaration for an application only until the Minister gives a declaration notice under section 106E (a) of the Act for the application, or decides not to make the declaration.\nThe register of registered premises must, for each registered premises, include the following information—\nthe real property description of the premises;\na map of the affected area for the registered premises;\nthe day the registration ends;\nwhether any conditions have been imposed on the registration and, if so, what the conditions are;\nthe type and level of emissions from the activity carried out at the premises.\nThe register of temporary use licences must, for each temporary use licence given by the chief executive, include the following—\nthe day the licence was given;\nthe premises to which the licence relates;\ndetails of the relevant change the subject of the licence;\na copy of the licence;\na copy of a notice given under section 275LE of the Act in relation to a decision to extend the period of the licence;\nif the period of the licence is extended under section 275LF of the Act —when the extended period ends;\na copy of a notice given under section 275LJ of the Act in relation to a decision to amend the licence;\nif the licence is cancelled under section 275LK or 275LM of the Act —the day the cancellation took effect;\nif the licence is amended under section 275LM of the Act —a copy of the notice of the decision to make the amendment given under section 275LM (4) of the Act ;\nif the licence is suspended under section 275LM of the Act —the period of the suspension.\nsch 22 s 11 amd 2017 SL No. 141 s 22 (2) – (4) ; 2018 SL No. 91 s 21 ; 2020 SL No. 41 s 6 (1) – (2) ; 2024 SL No. 123 s 24 ; 2025 SL No. 80 s 19\n(sch.22-sec.11-ssec.1) The chief executive must keep the following documents available for inspection and purchase— each current State planning instrument; each proposed State planning instrument, including any proposed amendments of a State planning instrument, and any explanatory statements prepared for the instrument or amendment; each public notice published by the Minister under section 10 , 11 , 12 or 13 of the Act ; each amendment of a State planning instrument made under chapter 2 , part 2 of the Act ; the Minister’s guidelines and rules; any notice given by the Minister to a local government under section 26 (6) , 26A (4) or 27 (2) of the Act ; the designation process rules made by the Minister under section 37 of the Act ; each current designation made by the Minister; a designation register for all designations made by the Minister that are in effect; each notice given to the chief executive by the Minister under section 38 (2) , 39 (3) (a) or 40 (2) (a) of the Act ; any instrument stating standard conditions made by the Minister under section 64 (8) of the Act ; the development assessment rules; if the chief executive keeps a list of persons who are appropriately qualified to be an assessment manager for a development application—the list of persons, including— the date each person was included on the list; and the qualifications, contact details and website address of each person on the list; each exemption certificate given by the chief executive under section 46 of the Act ; an exemption certificate register; any direction given by the Minister under chapter 3 , part 6 , division 2 of the Act ; each call in notice and proposed call in notice given by the Minister; each report prepared by the Minister under section 97 (1) or 106 (1) of the Act ; each notice of a proposed declaration given under section 106C (2) of the Act ; each declaration notice given under section 106E (a) of the Act ; each decision notice given for an application decided by the chief executive under chapter 3 , part 6A , division 3 of the Act ; each report prepared by the chief executive under section 106N (1) of the Act ; each report tabled in the Legislative Assembly under section 106N (2) of the Act ; each community benefit agreement the department is a party to; each notice given by the chief executive under section 106ZE (1) of the Act ; each report prepared by the chief executive and tabled in the Legislative Assembly under section 106ZH of the Act ; each guideline made by the Minister or chief executive under section 36 (3) , 116 (2) , 117 (2) or 283 of the Act ; each show cause notice and enforcement notice a copy of which was given to the chief executive under section 170 of the Act ; any notice given to the chief executive about withdrawing a show cause notice or enforcement notice; each notice of appeal given to the chief executive under section 230 (3) (f) of the Act ; a register of registered premises; a notice given to the chief executive under the old Act, section 456 (8) , as continued in effect under the P&E Court Act , section 80 (1) ; a register of temporary use licences given by the chief executive under section 275I of the Act .\n(sch.22-sec.11-ssec.2) A proposed State planning instrument, or amendment of a State planning instrument, (the instrument ) stated in subsection (1) (b) must be kept available for inspection and purchase from when the instrument is publicly notified until the instrument is made or the Minister decides not to make the instrument.\n(sch.22-sec.11-ssec.3) The obligation under subsection (1) (q) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application.\n(sch.22-sec.11-ssec.4) The obligation under subsection (1) (ra) applies in relation to a notice of proposed declaration for an application only until the Minister gives a declaration notice under section 106E (a) of the Act for the application, or decides not to make the declaration.\n(sch.22-sec.11-ssec.5) The register of registered premises must, for each registered premises, include the following information— the real property description of the premises; a map of the affected area for the registered premises; the day the registration ends; whether any conditions have been imposed on the registration and, if so, what the conditions are; the type and level of emissions from the activity carried out at the premises.\n(sch.22-sec.11-ssec.6) The register of temporary use licences must, for each temporary use licence given by the chief executive, include the following— the day the licence was given; the premises to which the licence relates; details of the relevant change the subject of the licence; a copy of the licence; a copy of a notice given under section 275LE of the Act in relation to a decision to extend the period of the licence; if the period of the licence is extended under section 275LF of the Act —when the extended period ends; a copy of a notice given under section 275LJ of the Act in relation to a decision to amend the licence; if the licence is cancelled under section 275LK or 275LM of the Act —the day the cancellation took effect; if the licence is amended under section 275LM of the Act —a copy of the notice of the decision to make the amendment given under section 275LM (4) of the Act ; if the licence is suspended under section 275LM of the Act —the period of the suspension.\n- (a) each current State planning instrument;\n- (b) each proposed State planning instrument, including any proposed amendments of a State planning instrument, and any explanatory statements prepared for the instrument or amendment;\n- (c) each public notice published by the Minister under section 10 , 11 , 12 or 13 of the Act ;\n- (d) each amendment of a State planning instrument made under chapter 2 , part 2 of the Act ;\n- (e) the Minister’s guidelines and rules;\n- (f) any notice given by the Minister to a local government under section 26 (6) , 26A (4) or 27 (2) of the Act ;\n- (g) the designation process rules made by the Minister under section 37 of the Act ;\n- (h) each current designation made by the Minister;\n- (i) a designation register for all designations made by the Minister that are in effect;\n- (j) each notice given to the chief executive by the Minister under section 38 (2) , 39 (3) (a) or 40 (2) (a) of the Act ;\n- (k) any instrument stating standard conditions made by the Minister under section 64 (8) of the Act ;\n- (l) the development assessment rules;\n- (m) if the chief executive keeps a list of persons who are appropriately qualified to be an assessment manager for a development application—the list of persons, including— (i) the date each person was included on the list; and (ii) the qualifications, contact details and website address of each person on the list;\n- (i) the date each person was included on the list; and\n- (ii) the qualifications, contact details and website address of each person on the list;\n- (n) each exemption certificate given by the chief executive under section 46 of the Act ;\n- (o) an exemption certificate register;\n- (p) any direction given by the Minister under chapter 3 , part 6 , division 2 of the Act ;\n- (q) each call in notice and proposed call in notice given by the Minister;\n- (r) each report prepared by the Minister under section 97 (1) or 106 (1) of the Act ;\n- (ra) each notice of a proposed declaration given under section 106C (2) of the Act ;\n- (rb) each declaration notice given under section 106E (a) of the Act ;\n- (rc) each decision notice given for an application decided by the chief executive under chapter 3 , part 6A , division 3 of the Act ;\n- (rd) each report prepared by the chief executive under section 106N (1) of the Act ;\n- (re) each report tabled in the Legislative Assembly under section 106N (2) of the Act ;\n- (rf) each community benefit agreement the department is a party to;\n- (rg) each notice given by the chief executive under section 106ZE (1) of the Act ;\n- (rh) each report prepared by the chief executive and tabled in the Legislative Assembly under section 106ZH of the Act ;\n- (s) each guideline made by the Minister or chief executive under section 36 (3) , 116 (2) , 117 (2) or 283 of the Act ;\n- (t) each show cause notice and enforcement notice a copy of which was given to the chief executive under section 170 of the Act ;\n- (u) any notice given to the chief executive about withdrawing a show cause notice or enforcement notice;\n- (v) each notice of appeal given to the chief executive under section 230 (3) (f) of the Act ;\n- (w) a register of registered premises;\n- (x) a notice given to the chief executive under the old Act, section 456 (8) , as continued in effect under the P&E Court Act , section 80 (1) ;\n- (y) a register of temporary use licences given by the chief executive under section 275I of the Act .\n- (i) the date each person was included on the list; and\n- (ii) the qualifications, contact details and website address of each person on the list;\n- (a) the real property description of the premises;\n- (b) a map of the affected area for the registered premises;\n- (c) the day the registration ends;\n- (d) whether any conditions have been imposed on the registration and, if so, what the conditions are;\n- (e) the type and level of emissions from the activity carried out at the premises.\n- (a) the day the licence was given;\n- (b) the premises to which the licence relates;\n- (c) details of the relevant change the subject of the licence;\n- (d) a copy of the licence;\n- (e) a copy of a notice given under section 275LE of the Act in relation to a decision to extend the period of the licence;\n- (f) if the period of the licence is extended under section 275LF of the Act —when the extended period ends;\n- (g) a copy of a notice given under section 275LJ of the Act in relation to a decision to amend the licence;\n- (h) if the licence is cancelled under section 275LK or 275LM of the Act —the day the cancellation took effect;\n- (i) if the licence is amended under section 275LM of the Act —a copy of the notice of the decision to make the amendment given under section 275LM (4) of the Act ;\n- (j) if the licence is suspended under section 275LM of the Act —the period of the suspension.","sortOrder":514},{"sectionNumber":"sch.22-sec.12","sectionType":"section","heading":"Documents chief executive must keep available for inspection only","content":"### sch.22-sec.12 Documents chief executive must keep available for inspection only\n\nThe chief executive must keep the following documents available for inspection only—\neach State planning instrument that has been repealed or replaced, or has otherwise expired;\nif a current State planning instrument, or a State planning instrument stated in paragraph (a) , was amended—the instrument as in effect just before the amendment was made;\nall current local planning instruments, including current LGIPs;\nall amendments of current local planning instruments;\neach public notice published by a local government about repealing a TLPI or planning scheme policy;\neach notice given to the chief executive by a local government under section 38 (2) , 39 (3) (b) or 40 (2) (b) of the Act ;\nif the chief executive removes a person from a list stated in section 11 (1) (m) —a register of all persons removed from the list that includes the following information for each person removed—\nthe person’s name and contact details;\nthe date the person was originally included in the list;\nthe date the person was removed from the list;\na list of each local government that gives the chief executive—\na copy of an economic support instrument and an adoption notice under section 68E (3) (b) ; and\na copy of a notice under section 68G (6) ;\na copy of each economic support instrument and adoption notice given to the chief executive under section 68E (3) (b) ;\na copy of each notice given to the chief executive under section 68G (6) .\nsch 22 s 12 amd 2020 SL No. 197 s 17 (2)\n- (a) each State planning instrument that has been repealed or replaced, or has otherwise expired;\n- (b) if a current State planning instrument, or a State planning instrument stated in paragraph (a) , was amended—the instrument as in effect just before the amendment was made;\n- (c) all current local planning instruments, including current LGIPs;\n- (d) all amendments of current local planning instruments;\n- (e) each public notice published by a local government about repealing a TLPI or planning scheme policy;\n- (f) each notice given to the chief executive by a local government under section 38 (2) , 39 (3) (b) or 40 (2) (b) of the Act ;\n- (g) if the chief executive removes a person from a list stated in section 11 (1) (m) —a register of all persons removed from the list that includes the following information for each person removed— (i) the person’s name and contact details; (ii) the date the person was originally included in the list; (iii) the date the person was removed from the list;\n- (i) the person’s name and contact details;\n- (ii) the date the person was originally included in the list;\n- (iii) the date the person was removed from the list;\n- (h) a list of each local government that gives the chief executive— (i) a copy of an economic support instrument and an adoption notice under section 68E (3) (b) ; and (ii) a copy of a notice under section 68G (6) ;\n- (i) a copy of an economic support instrument and an adoption notice under section 68E (3) (b) ; and\n- (ii) a copy of a notice under section 68G (6) ;\n- (i) a copy of each economic support instrument and adoption notice given to the chief executive under section 68E (3) (b) ;\n- (j) a copy of each notice given to the chief executive under section 68G (6) .\n- (i) the person’s name and contact details;\n- (ii) the date the person was originally included in the list;\n- (iii) the date the person was removed from the list;\n- (i) a copy of an economic support instrument and an adoption notice under section 68E (3) (b) ; and\n- (ii) a copy of a notice under section 68G (6) ;","sortOrder":515},{"sectionNumber":"sch.22-sec.13","sectionType":"section","heading":"Documents chief executive must or may keep on website","content":"### sch.22-sec.13 Documents chief executive must or may keep on website\n\nThe chief executive must keep on the department’s website—\na document stated in section 11 (1) (a) to (e) , (g) , (i) to (n) , (r) , (rd) to (rh) , (v) or (y) ; and\na document stated in section 12 (a) , (b) , (h) , (i) or (j) ; and\neach notice and amended notice given to a local government under section 18 (3) of the Act ; and\na proposed call in notice given by the Minister; and\neach of the following documents relating to declarations of applications for State facilitated development—\na notice of a proposed declaration given under section 106C (2) of the Act ;\na declaration notice given under section 106E (a) of the Act ;\na decision notice given for an application decided by the chief executive under chapter 3 , part 6A , division 3 of the Act .\nSee also section 70 (1) of the Act .\nA proposed State planning instrument, or amendment of a State planning instrument, stated in section 11 (1) (b) must be kept on the department’s website for the period stated in section 11 (2) .\nThe obligation under subsection (1) (d) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application.\nThe obligation under subsection (1) (e) (i) applies in relation to a notice of a proposed declaration for an application only until the Minister gives a declaration notice under section 106E (a) of the Act for the application, or decides not to make the declaration notice.\nThe chief executive may keep on the department’s website—\nany notice given by the Minister to a local government under section 27 (2) of the Act ; or\na document stated in section 11 (1) (o) or (s) to (u) ; or\na document stated in section 12 (c) to (f) ; or\na call in notice given by the Minister.\nsch 22 s 13 amd 2020 SL No. 41 s 6 (3) ; 2020 SL No. 197 s 17 (3) ; 2024 SL No. 123 s 25 ; 2025 SL No. 80 s 20\n(sch.22-sec.13-ssec.1) The chief executive must keep on the department’s website— a document stated in section 11 (1) (a) to (e) , (g) , (i) to (n) , (r) , (rd) to (rh) , (v) or (y) ; and a document stated in section 12 (a) , (b) , (h) , (i) or (j) ; and each notice and amended notice given to a local government under section 18 (3) of the Act ; and a proposed call in notice given by the Minister; and each of the following documents relating to declarations of applications for State facilitated development— a notice of a proposed declaration given under section 106C (2) of the Act ; a declaration notice given under section 106E (a) of the Act ; a decision notice given for an application decided by the chief executive under chapter 3 , part 6A , division 3 of the Act . See also section 70 (1) of the Act .\n(sch.22-sec.13-ssec.2) A proposed State planning instrument, or amendment of a State planning instrument, stated in section 11 (1) (b) must be kept on the department’s website for the period stated in section 11 (2) .\n(sch.22-sec.13-ssec.3) The obligation under subsection (1) (d) applies in relation to a proposed call in notice for an application only until the Minister gives a call in notice for the application, or decides not to call in the application.\n(sch.22-sec.13-ssec.4) The obligation under subsection (1) (e) (i) applies in relation to a notice of a proposed declaration for an application only until the Minister gives a declaration notice under section 106E (a) of the Act for the application, or decides not to make the declaration notice.\n(sch.22-sec.13-ssec.5) The chief executive may keep on the department’s website— any notice given by the Minister to a local government under section 27 (2) of the Act ; or a document stated in section 11 (1) (o) or (s) to (u) ; or a document stated in section 12 (c) to (f) ; or a call in notice given by the Minister.\n- (a) a document stated in section 11 (1) (a) to (e) , (g) , (i) to (n) , (r) , (rd) to (rh) , (v) or (y) ; and\n- (b) a document stated in section 12 (a) , (b) , (h) , (i) or (j) ; and\n- (c) each notice and amended notice given to a local government under section 18 (3) of the Act ; and\n- (d) a proposed call in notice given by the Minister; and\n- (e) each of the following documents relating to declarations of applications for State facilitated development— (i) a notice of a proposed declaration given under section 106C (2) of the Act ; (ii) a declaration notice given under section 106E (a) of the Act ; (iii) a decision notice given for an application decided by the chief executive under chapter 3 , part 6A , division 3 of the Act . Note— See also section 70 (1) of the Act .\n- (i) a notice of a proposed declaration given under section 106C (2) of the Act ;\n- (ii) a declaration notice given under section 106E (a) of the Act ;\n- (iii) a decision notice given for an application decided by the chief executive under chapter 3 , part 6A , division 3 of the Act .\n- (i) a notice of a proposed declaration given under section 106C (2) of the Act ;\n- (ii) a declaration notice given under section 106E (a) of the Act ;\n- (iii) a decision notice given for an application decided by the chief executive under chapter 3 , part 6A , division 3 of the Act .\n- (a) any notice given by the Minister to a local government under section 27 (2) of the Act ; or\n- (b) a document stated in section 11 (1) (o) or (s) to (u) ; or\n- (c) a document stated in section 12 (c) to (f) ; or\n- (d) a call in notice given by the Minister.","sortOrder":516},{"sectionNumber":"sch.22-pt.5","sectionType":"part","heading":"Private and sensitive information","content":"# Private and sensitive information","sortOrder":517},{"sectionNumber":"sch.22-sec.14","sectionType":"section","heading":"Prescribed documents","content":"### sch.22-sec.14 Prescribed documents\n\nThe following documents are prescribed for section 264 (6) of the Act —\nfor a local government—a document stated in section 1 (1) (zg) to (zl) ;\nfor an assessment manager—\nthe supporting material for a development application or change application; and\na document stated in section 5 (2) (a) ; and\nthe assessment manager’s application register.\nsch 22 s 14 amd 2019 SL No. 196 s 9\n- (a) for a local government—a document stated in section 1 (1) (zg) to (zl) ;\n- (b) for an assessment manager— (i) the supporting material for a development application or change application; and (ii) a document stated in section 5 (2) (a) ; and (iii) the assessment manager’s application register.\n- (i) the supporting material for a development application or change application; and\n- (ii) a document stated in section 5 (2) (a) ; and\n- (iii) the assessment manager’s application register.\n- (i) the supporting material for a development application or change application; and\n- (ii) a document stated in section 5 (2) (a) ; and\n- (iii) the assessment manager’s application register.","sortOrder":518}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation started as a 2017 instrument to implement the new Planning Act 2016. Over time, its scope has been significantly expanded through numerous amendments to cover areas not obviously within the original intent: renewable energy infrastructure (wind farms, solar farms, battery storage) have been added as distinct categories with the State Government as decision-maker; home-based business rules have been added to protect workers and visitors; temporary COVID-era and rural workers' housing measures were inserted and given expiry dates; special rules for the Caboolture West growth area and corrective services infrastructure have been added; and temporary accepted development declarations (expiring 2030) have been introduced. The core planning machinery remains intact, but the regulation has evolved into a vehicle for a range of specific policy interventions well beyond its original administrative function."},"complexity_factors":["Extensive cross-referencing to the parent Planning Act 2016 and numerous other Acts (Building Act, Environmental Protection Act, Transport Infrastructure Act, Queensland Heritage Act, Corrective Services Act)","Multiple schedules (at least 24) that contain most of the substantive operational detail but are not reproduced in this excerpt","Layered assessment framework with multiple categories (accepted, assessable, prohibited), subcategories (code vs impact assessment), and numerous exceptions and carve-outs","Different rules apply depending on who the 'assessment manager' is (chief executive, local government, or another entity), creating parallel and overlapping regulatory pathways","Transitional provisions for old planning schemes (repealed IPA, old Act), legacy zones, and legacy use terms create historical complexity","Multiple provisions with built-in expiry dates at different times, requiring users to track which rules are currently operative","Fee structure involves fee units that change periodically, with caps and exceptions layered on top of each other across multiple sections","Specific carve-outs for particular locations (Port of Brisbane, Caboolture West growth area) and specific development types (renewable energy, corrective services infrastructure)","The regulation has been amended many times since 2017, creating interpretive challenges around which version applies to a given situation","Technical terminology throughout (RGB colour codes for zoning maps, 'material change of use', 'concurrence ERA', 'LGIP', 'TLPI') that requires specialist knowledge to interpret"],"plain_english_summary":"The Queensland Planning Regulation 2017 is the detailed rulebook under the Planning Act that governs how land is zoned, used, developed and assessed across Queensland. It standardises zoning, use terms, development categories, decision‑makers, fees and special rules for major projects like wind, solar and battery facilities.\n\nIt affects anyone who builds, develops, subdivides or changes land use (plus local councils, state agencies, developers and renewable energy operators) and determines whether you need approval, who decides, what standards apply and what fees are payable."},"kimi_summary":{"_metrics":{"completionTokens":709},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2017 scope. Initially focused on standardising planning zones and assessment categories, it has grown to include: COVID-19 economic recovery instruments (2020-2023); urban encroachment protections for industrial premises; social impact assessment requirements for renewable energy (2025); State facilitated development declarations for housing (2024); affordable housing components and build-to-rent housing (2024-2025); and complex transitional arrangements preserving old definitions while introducing new ones. The regulation now functions as a comprehensive development control instrument rather than merely a technical zoning standard."},"complexity_factors":["24 schedules containing detailed technical specifications, zones, fees and assessment categories","Extensive cross-referencing to the Planning Act 2016 and other legislation (Building Act, Environmental Protection Act, etc.)","Multiple layers of conditional logic: exceptions to exceptions, transitional provisions, and overlapping time-limited provisions","Numerous defined terms with technical meanings (e.g., 'prescribed assessable development', 'affected area development application')","Frequent amendments with expiry dates and savings provisions creating temporal complexity","Nested assessment categories (accepted/code/impact) with varying benchmarks depending on assessment manager","Ministerial discretion powers with prescribed criteria but broad scope","Integration with external documents (Minister's guidelines and rules, SIA guidelines) that are separately published"],"plain_english_summary":"This is Queensland's **Planning Regulation 2017**, a detailed rulebook that works under the *Planning Act 2016* to control how land is used and developed across the state.\n\n**What it does:**\n- **Sets up planning zones** (like residential, industrial, rural) that local councils must use in their planning schemes, with specific colours and purpose statements for each zone\n- **Controls what development needs approval** — some development is \"accepted\" (no approval needed), some needs \"code assessment\" (standard rules apply), and some needs \"impact assessment\" (detailed scrutiny)\n- **Sets fees** for development applications, with discounts for non-profits and community projects\n- **Protects existing industries** from new residential development through a \"registered premises\" system (urban encroachment rules)\n- **Requires social impact assessments** for large renewable energy projects (solar farms 1MW+, wind farms, battery storage 50MW+)\n- **Allows Ministerial intervention** — the Minister can \"call in\" applications or declare them \"State facilitated development\" to fast-track housing projects\n\n**Who it affects:**\n- **Property owners and developers** — anyone wanting to build or change land use\n- **Local councils** — must follow these rules when making local planning schemes\n- **Community groups** — can get fee waivers and have say in some processes\n- **Renewable energy companies** — face new social impact assessment requirements\n\n**Recent additions (2024-2025):**\n- New rules for **affordable housing components** in developments\n- **Build-to-rent housing** as a formal use type\n- **Social impact assessments** for large-scale solar, wind and battery projects\n- **State facilitated development** pathway to speed up residential approvals\n\nThe regulation is extremely detailed, with most specifics (zones, fees, assessment categories) contained in **24 schedules** that are constantly updated."}},"importantCases":[],"_links":{"self":"/api/acts/planning-regulation-2017","history":"/api/acts/planning-regulation-2017/history","analysis":"/api/acts/planning-regulation-2017/analysis","conflicts":"/api/acts/planning-regulation-2017/conflicts","importantCases":"/api/acts/planning-regulation-2017/important-cases","documents":"/api/acts/planning-regulation-2017/documents"}}