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Queensland regulation
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.
It 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.
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Direct links to the current provisions in Planning Regulation 2017.
This regulation may be cited as the Planning Regulation 2017 .
This regulation commences on 3 July 2017.
The dictionary in schedule 24 defines particular words used in this regulation.
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 . Each region has the name stated in schedule 1 , column 1. (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 . (sec.4-ssec.2) Each region has the name stated in schedule 1 , column 1.
This subdivision prescribes, for section 16 (2) of the Act , the regulated requirements for the contents of a local planning instrument. This subdivision does not apply to— a local planning instrument made under the repealed IPA; or a TLPI made for all or part of a local government area, if a planning scheme made under the repealed IPA applies to the area.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. s 5 amd 2019 SL No. 215 s 3 (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. (sec.5-ssec.2) This subdivision does not apply to— a local planning instrument made under the repealed IPA; or a TLPI made for all or part of a local government area, if a planning scheme made under the repealed IPA applies to the area.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.
A local planning instrument must not include land in a zone other than a zone stated in schedule 2 , column 1. 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. 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. 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. 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. (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. (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. (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. (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. (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.
For regulating uses in a local government area, a local planning instrument may adopt only the use terms stated in schedule 3 , column 1. 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. (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. (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.
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. 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. (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. (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.
This subdivision applies in relation to a local planning instrument, in force immediately before the commencement, made under the old Act. 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. s 9 prev s 9 om 2018 SL No. 91 s 4 pres s 9 ins 2019 SL No. 215 s 4 (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. (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.
This section applies if the local planning instrument includes land in a zone called a high technology industry zone. For section 6 , the land is taken to be included in the research and technology industry zone stated in schedule 2 . s 9A ins 2019 SL No. 215 s 4 (sec.9A-ssec.1) This section applies if the local planning instrument includes land in a zone called a high technology industry zone. (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 .
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. 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. If the local planning instrument includes another definition of the term, the term has the meaning given in that definition. s 9B ins 2019 SL No. 215 s 4 (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. (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. (sec.9B-ssec.3) If the local planning instrument includes another definition of the term, the term has the meaning given in that definition.
For 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. s 10 amd 2020 SL No. 197 s 8 ; 2023 SL No. 92 s 3 ; 2024 SL No. 123 s 8
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. 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. For section 29 (5) (c) of the Act , a local government may, by resolution, set a fee for considering a superseded planning scheme request. (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. (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. (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.
For section 29 (6) of the Act — 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 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.
The infrastructure stated in schedule 5 is prescribed for section 35 (1) of the Act .
For 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. s 14 amd 2020 SL No. 197 s 9 ; 2023 SL No. 92 s 4 ; 2024 SL No. 123 s 9
For 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. s 15 amd 2020 SL No. 197 s 10 ; 2023 SL No. 92 s 5 ; 2024 SL No. 123 s 10
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. This subsection and schedule 6 , section 2B expire on 2 December 2026. This subsection and schedule 6 , section 7C expire on 16 December 2027. This subsection and schedule 6 , section 33 expire on 16 December 2026. s 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 prev (2) exp 2 December 2025 (see s 16(2)(a)) pres (2) exp 2 December 2026 (see s 16(2)) (3) exp 16 December 2027 (see s 16(3)) (4) exp 16 December 2026 (see s 16(4)) (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. (sec.16-ssec.2) This subsection and schedule 6 , section 2B expire on 2 December 2026. (sec.16-ssec.3) This subsection and schedule 6 , section 7C expire on 16 December 2027. (sec.16-ssec.4) This subsection and schedule 6 , section 33 expire on 16 December 2026.
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 . However, subsection (1) (g) applies only to the extent the local categorising instrument applies to the Caboolture West growth area. s 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 (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 . (sec.17-ssec.2) However, subsection (1) (g) applies only to the extent the local categorising instrument applies to the Caboolture West growth area.
This section applies if, under a local planning instrument, a material change of use of premises for a home-based business is assessable development. 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. 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. 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) . 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. s 17A ins 2024 SL No. 136 s 9 (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. (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. (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. (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) . (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.
s 17A ins 2018 SL No. 146 s 3 exp 1 November 2019 (see s 17B)
s 17B ins 2018 SL No. 146 s 3 amd 2019 SL No. 59 s 3 exp 1 November 2019 (see s 17B)
For section 44 (5) of the Act , development stated in schedule 7 is accepted development. This subsection and schedule 7 , section 14 expire on 16 December 2026. s 18 amd 2022 SL No. 195 s 4 ; 2025 SL No. 149 s 5 (2) exp 16 December 2026 (see s 18(2)) (sec.18-ssec.1) For section 44 (5) of the Act , development stated in schedule 7 is accepted development. (sec.18-ssec.2) This subsection and schedule 7 , section 14 expire on 16 December 2026.
For section 44 (5) of the Act , development is prohibited development if it is stated in schedule 10 to be prohibited development.
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 . For section 45 (2) of the Act , schedules 9 and 10 state the category of assessment required for assessable development stated in the schedules. (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 . (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.
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) . 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 . This section expires on 16 December 2026. s 20A prev s 20A ins 2021 SL No. 50 s 3 amd 2021 SL No. 140 s 258 exp 30 April 2022 (see s 20A(3)) pres s 20A ins 2022 SL No. 195 s 5 amd 2025 SL No. 149 s 6 exp 16 December 2026 (see s 20A(3)) (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) . (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 . (sec.20A-ssec.3) This section expires on 16 December 2026.
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) . 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. s 20B prev s 20B ins 2021 SL No. 139 s 3 om 2022 SL No. 195 s 6 pres s 20B ins 2024 Act No. 24 s 30 (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) . (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.
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. This division and schedule 7A expire on 1 January 2030. s 20C ins 2025 SL No. 149 s 7 exp 1 January 2030 (see s 20C(2)) (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. (sec.20C-ssec.2) This division and schedule 7A expire on 1 January 2030.
This section prescribes, for section 48 (1) of the Act , the assessment manager for a development application. 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. 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. 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. 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. 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. 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. s 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 (sec.21-ssec.1) This section prescribes, for section 48 (1) of the Act , the assessment manager for a development application. (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. (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. (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. (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. (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. (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.
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. 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. 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 . 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. 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 . (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. (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. (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 . (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. (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 .
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. 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. 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 . Section 22 (3) (a) (i) to (iii) and (b)(i) and (ii) does not apply to the development application. 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. (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. (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. (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 . (sec.23-ssec.4) Section 22 (3) (a) (i) to (iii) and (b)(i) and (ii) does not apply to the development application. (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.
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. For section 58 (2) (c) of the Act , the local government is taken to have directed the assessment manager to refuse the development application. (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. (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.
This subdivision applies to a development application for assessable development that requires code assessment.
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 . 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. 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. (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 . (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. (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.
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. 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. (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. (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.
Section 26 (2) (a) does not apply to a development application for building work assessable against the building assessment provisions. 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. (sec.28-ssec.1) Section 26 (2) (a) does not apply to a development application for building work assessable against the building assessment provisions. (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.
This subdivision applies to a development application for assessable development that requires impact assessment.
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 . 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. 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. s 30 amd 2017 SL No. 141 s 4 (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 . (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. (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.
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. 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. s 31 amd 2017 SL No. 141 s 5 (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. (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.
For 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— the common material; the regional plan for a region; 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; any temporary State planning policy. s 32 amd 2017 SL No. 141 s 6
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. However, this section is subject to sections 35 to 38 . s 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 (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. (sec.33-ssec.2) However, this section is subject to sections 35 to 38 .
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. However, this section is subject to sections 35 to 38 . s 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 (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. (sec.34-ssec.2) However, this section is subject to sections 35 to 38 .
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. 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. However, this section is subject to sections 37 and 38 . s 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 (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. (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. (sec.35-ssec.3) However, this section is subject to sections 37 and 38 .
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. 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. However, this section is subject to sections 37 and 38 . s 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 (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. (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. (sec.36-ssec.3) However, this section is subject to sections 37 and 38 .
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. 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. However, this section is subject to sections 37 and 38 . s 36A ins 2017 SL No. 141 s 7 amd 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 (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. (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. (sec.36A-ssec.3) However, this section is subject to sections 37 and 38 .
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. The fee payable to the assessment manager or referral agency for the aspect is 856 fee units. However, this section is subject to section 38 . s 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 (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. (sec.37-ssec.2) The fee payable to the assessment manager or referral agency for the aspect is 856 fee units. (sec.37-ssec.3) However, this section is subject to section 38 .
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. 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. s 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 (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. (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.
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. 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 . s 39 amd 2020 SL No. 163 s 10 ; 2024 SL No. 123 s 11 (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. (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 .
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. 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. (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. (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.
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. 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. 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. 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. In this section— major amendment , of a planning scheme, see the Minister’s guidelines and rules, schedule 1 , section 4 . s 41 sub 2017 SL No. 141 s 8 amd 2023 SL No. 195 s 4 (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. (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. (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. (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. (sec.41-ssec.5) In this section— major amendment , of a planning scheme, see the Minister’s guidelines and rules, schedule 1 , section 4 .
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. 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. s 41A ins 2017 SL No. 141 s 8 (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. (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.
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. 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. 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. s 41B ins 2017 SL No. 141 s 8 amd 2023 SL No. 195 s 5 (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. (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. (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.
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. 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. (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. (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.
For section 63 (3) of the Act , a decision notice for a development application that is approved must— state any other development permits necessary to allow the development to be carried out; and be accompanied by any approved plans, specifications or drawings for the development approval; and 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 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 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.
For 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— states the period the component must be maintained as an affordable housing component; and includes a detailed description of the affordable housing component, including, for example— the number of dwellings to be provided as part of the component; and the gross floor area of each building to be provided as part of the component; and the premises to which the condition relates. s 43A ins 2024 SL No. 123 s 12
For 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— is of a type mentioned in— section 43C (1) (a) ; or 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 can be provided; and can be maintained as an affordable housing component for a stated period. s 43B ins 2024 SL No. 123 s 12
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. 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. s 43C ins 2024 SL No. 123 s 12 (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. (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.
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. 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. s 44 sub 2017 SL No. 141 s 16 amd 2019 SL No. 243 s 3 ; 2020 SL No. 197 s 11 ; 2024 SL No. 123 s 13 ; 2025 SL No. 80 s 11 (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. (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.
This part prescribes, for section 102 (3) of the Act , matters in relation to the giving of a proposed call in notice.
A proposed call in notice for an application must state— that the Minister is proposing to call in the application; and the reasons for the proposed call in; and for an application other than a cancellation application— 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 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 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 that the person to whom the notice is given may make representations to the Minister about the proposed call in within the representation period.
A proposed call in notice for an application must be given— if the application is a development application—any time before the latest of the following— 15 business days after the day the chief executive receives notice of an appeal about the decision for the application; if there is a submitter for the application—50 business days after the day the decision notice is given to the applicant; 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; 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 if the application is change representations about a development approval—any time before the latest of the following— 15 business days after the day the chief executive receives notice of an appeal about the decision for the development application; 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; 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 if the application is a change application or an extension application—within 20 business days after the later of the following— the day the chief executive receives notice of an appeal about the decision for the application; the end of the appeal period for the decision on the application; or if the application is a cancellation application—any time before the development approval is cancelled.
This section applies to an application other than a cancellation application. 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. 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. s 48 amd 2024 SL No. 123 s 14 (sec.48-ssec.1) This section applies to an application other than a cancellation application. (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. (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.
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. 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. s 49 sub 2024 SL No. 123 s 15 (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. (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.
The 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.
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. The notice must be given within 20 business days after the end of the representation period for the proposed call in. 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. 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. (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. (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. (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. (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.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Planning Regulation 2017 .
This regulation commences on 3 July 2017.
The dictionary in schedule 24 defines particular words used in this regulation.
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 . Each region has the name stated in schedule 1 , column 1. (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 . (sec.4-ssec.2) Each region has the name stated in schedule 1 , column 1.
This subdivision prescribes, for section 16 (2) of the Act , the regulated requirements for the contents of a local planning instrument. 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. s 5 amd 2019 SL No. 215 s 3 (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. (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.
A local planning instrument must not include land in a zone other than a zone stated in schedule 2 , column 1. 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. 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. 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. 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. (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. (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. (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. (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. (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.
For regulating uses in a local government area, a local planning instrument may adopt only the use terms stated in schedule 3 , column 1. 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. (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. (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.
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. 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. (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. (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.
This subdivision applies in relation to a local planning instrument, in force immediately before the commencement, made under the old Act. 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. s 9 prev s 9 om 2018 SL No. 91 s 4 pres s 9 ins 2019 SL No. 215 s 4 (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. (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.
This section applies if the local planning instrument includes land in a zone called a high technology industry zone. For section 6 , the land is taken to be included in the research and technology industry zone stated in schedule 2 . s 9A ins 2019 SL No. 215 s 4 (sec.9A-ssec.1) This section applies if the local planning instrument includes land in a zone called a high technology industry zone. (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 .
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. 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. If the local planning instrument includes another definition of the term, the term has the meaning given in that definition. s 9B ins 2019 SL No. 215 s 4 (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. (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. (sec.9B-ssec.3) If the local planning instrument includes another definition of the term, the term has the meaning given in that definition.
For 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. s 10 amd 2020 SL No. 197 s 8 ; 2023 SL No. 92 s 3 ; 2024 SL No. 123 s 8
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. 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. For section 29 (5) (c) of the Act , a local government may, by resolution, set a fee for considering a superseded planning scheme request. (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. (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. (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.
This is an opening excerpt, not the complete document.