QLDIn ForceAct
Planning Act 2016
sec.316Development control plans
Start here
Get a plain-English read of sec.316
Turn the raw legal text into a practical explanation grounded in Planning Act 2016.
### sec.316 Development control plans
The old Act, section 86(4), continues to apply to—
the Ipswich City Council’s Springfield Structure Plan; and
the Moreton Bay Regional Council’s Mango Hill Infrastructure Development Control Plan; and
the Sunshine Coast Regional Council’s Development Control Plan 1 Kawana Waters.
The old Act, section 857—
continues to apply to a development control plan stated in the old Act, section 857(1), until the plan is applied or adopted under the old Act, section 86(4); and
applies to a development control plan applied or adopted under the old Act, section 86(4), whether before or after the commencement.
However, the old Act, section 857, applies as if—
section 857(6) referred to this Act as well as to the ‘repealed IPA and this Act’; and
section 857(7) referred to chapter 3 of this Act, or an instrument made under section 16 of this Act, instead of to ‘chapter 6 or a guideline made under section 117(1)’; and
section 857(8) and (9) referred to a planning scheme under this Act as well as to a ‘transitional planning scheme’; and
section 857(10) referred to a planning scheme policy under this Act as well as to a ‘transitional planning scheme policy’.
The Minister’s powers under chapter 3, part 6 of this Act apply to a plan or an amendment to a plan under the old Act, section 857(5), as if—
the process for making the plan were the development assessment process for a development application; and
the plan or amendment were a development approval; and
the local government were the assessment manager for the development application for the approval.
See also part 9, division 2 and part 11, division 1.
s 316 amd 2024 No. 13 s 59 ; 2025 No. 14 s 85E
(sec.316-ssec.1) The old Act, section 86(4), continues to apply to— the Ipswich City Council’s Springfield Structure Plan; and the Moreton Bay Regional Council’s Mango Hill Infrastructure Development Control Plan; and the Sunshine Coast Regional Council’s Development Control Plan 1 Kawana Waters.
(sec.316-ssec.2) The old Act, section 857— continues to apply to a development control plan stated in the old Act, section 857(1), until the plan is applied or adopted under the old Act, section 86(4); and applies to a development control plan applied or adopted under the old Act, section 86(4), whether before or after the commencement.
(sec.316-ssec.3) However, the old Act, section 857, applies as if— section 857(6) referred to this Act as well as to the ‘repealed IPA and this Act’; and section 857(7) referred to chapter 3 of this Act, or an instrument made under section 16 of this Act, instead of to ‘chapter 6 or a guideline made under section 117(1)’; and section 857(8) and (9) referred to a planning scheme under this Act as well as to a ‘transitional planning scheme’; and section 857(10) referred to a planning scheme policy under this Act as well as to a ‘transitional planning scheme policy’.
(sec.316-ssec.4) The Minister’s powers under chapter 3, part 6 of this Act apply to a plan or an amendment to a plan under the old Act, section 857(5), as if— the process for making the plan were the development assessment process for a development application; and the plan or amendment were a development approval; and the local government were the assessment manager for the development application for the approval.
- (a) the Ipswich City Council’s Springfield Structure Plan; and
- (b) the Moreton Bay Regional Council’s Mango Hill Infrastructure Development Control Plan; and
- (c) the Sunshine Coast Regional Council’s Development Control Plan 1 Kawana Waters.
- (a) continues to apply to a development control plan stated in the old Act, section 857(1), until the plan is applied or adopted under the old Act, section 86(4); and
- (b) applies to a development control plan applied or adopted under the old Act, section 86(4), whether before or after the commencement.
- (a) section 857(6) referred to this Act as well as to the ‘repealed IPA and this Act’; and
- (b) section 857(7) referred to chapter 3 of this Act, or an instrument made under section 16 of this Act, instead of to ‘chapter 6 or a guideline made under section 117(1)’; and
- (c) section 857(8) and (9) referred to a planning scheme under this Act as well as to a ‘transitional planning scheme’; and
- (d) section 857(10) referred to a planning scheme policy under this Act as well as to a ‘transitional planning scheme policy’.
- (a) the process for making the plan were the development assessment process for a development application; and
- (b) the plan or amendment were a development approval; and
- (c) the local government were the assessment manager for the development application for the approval.