QLDIn ForceAct
Planning Act 2016
sec.8What are planning instruments
Start here
Get a plain-English read of sec.8
Turn the raw legal text into a practical explanation grounded in Planning Act 2016.
### sec.8 What are planning instruments
A planning instrument is an instrument that sets out policies for planning or development assessment, and is either—
a State planning instrument; or
a local planning instrument.
A State planning instrument is a planning instrument made by the Minister to protect or give effect to State interests, and is either—
a State planning policy (including a temporary State planning policy); or
a regional plan.
A local planning instrument is a planning instrument made by a local government, and is either—
a planning scheme; or
a TLPI; or
a planning scheme policy.
To the extent of any inconsistency—
a State planning policy applies instead of a regional plan or local planning instrument; and
a regional plan applies instead of a local planning instrument; and
a planning scheme applies instead of a planning scheme policy; and
a TLPI applies instead of a planning scheme or planning scheme policy.
A TLPI may also suspend, or otherwise affect, the operation of a planning scheme or planning scheme policy—see section 23 (3) .
A local planning instrument must not include a provision about building work, to the extent the building work is regulated under the building assessment provisions, unless allowed under the Building Act .
To the extent a local planning instrument does not comply with subsection (5) , the local planning instrument is of no effect.
(sec.8-ssec.1) A planning instrument is an instrument that sets out policies for planning or development assessment, and is either— a State planning instrument; or a local planning instrument.
(sec.8-ssec.2) A State planning instrument is a planning instrument made by the Minister to protect or give effect to State interests, and is either— a State planning policy (including a temporary State planning policy); or a regional plan.
(sec.8-ssec.3) A local planning instrument is a planning instrument made by a local government, and is either— a planning scheme; or a TLPI; or a planning scheme policy.
(sec.8-ssec.4) To the extent of any inconsistency— a State planning policy applies instead of a regional plan or local planning instrument; and a regional plan applies instead of a local planning instrument; and a planning scheme applies instead of a planning scheme policy; and a TLPI applies instead of a planning scheme or planning scheme policy. A TLPI may also suspend, or otherwise affect, the operation of a planning scheme or planning scheme policy—see section 23 (3) .
(sec.8-ssec.5) A local planning instrument must not include a provision about building work, to the extent the building work is regulated under the building assessment provisions, unless allowed under the Building Act .
(sec.8-ssec.6) To the extent a local planning instrument does not comply with subsection (5) , the local planning instrument is of no effect.
- (a) a State planning instrument; or
- (b) a local planning instrument.
- (a) a State planning policy (including a temporary State planning policy); or
- (b) a regional plan.
- (a) a planning scheme; or
- (b) a TLPI; or
- (c) a planning scheme policy.
- (a) a State planning policy applies instead of a regional plan or local planning instrument; and
- (b) a regional plan applies instead of a local planning instrument; and
- (c) a planning scheme applies instead of a planning scheme policy; and
- (d) a TLPI applies instead of a planning scheme or planning scheme policy.