Queensland Subordinate Legislation as Made

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SUSTAINABLE PLANNING REGULATION 2009 NO. 280


TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
   3.      Definitions
           Part 2--Prescribed matters for Act, chapters 2 to 5
   4.      Designated regions—Act, s 22
           5. Guideline for making or amending planning scheme or planning scheme policy—Act, s 117(1)
           6. Guideline for making temporary local planning instrument—Act, s 117(2)
           7. Guideline for preparing and making structure plan—Act, s 145
           8. Community infrastructure—Act, s 200
           Part 3--Prescribed matters for IDAS
           Division 1--General
   9.      Assessable development, self-assessable development and type of assessment—Act, s 232
           10. Development that can not be declared to be development of a particular type—Act, s 232
           11. Applicable codes, laws and policies for development
   12.     Assessment manager for development applications—Act, s 246
           13. Referral agencies and their jurisdictions—Act, ss 250, 251 and 254
           14. State resources—Act, s 264
           15. Referral agency assessment period—Act, s 283
           16. Requirements for placing public notices on land—Act, s 297
           17. Development for which particular applications require public notification—Act, s 298
           Division 2--Compliance assessment
   18.     Compliance assessment of particular development—Act, ss 232 and 397
           19. Compliance assessment of plans for reconfiguring a lot—Act, ss 397 and 415
           20. When notice of decision about compliance assessment must be given—Act, s 408
           21. Prescribed period—Act, s 409
           Part 4--Prescribed matters for Act, chapter 7
   22.     Court fees
   23.     Building and development committee fees—Act, ss 514 and 536
           24. Building and development committee fast-track fee—Act, ss 515 and 537
           25. Jurisdiction of building and development committees—Act, s 526
           26. Qualifications of general referee—Act, s 571
           Part 5--Prescribed matters for Act, chapter 8
   27.     Guideline for priority infrastructure plans—Act, s 627
           28. Local governments that must review priority infrastructure plans—Act, s 628
           29. Guideline for preparing, making or amending infrastructure charges schedules—Act, s 630
           30. Trunk infrastructure charge rates—Act, s 640
           Part 6--Prescribed matters for environmental impact statements
   31.     Definitions for pt 6
   32.     Development for which EIS process applies—Act, s 688
           33. Criteria for making decision about requirement for EIS
   34.     Criteria for public notification of draft terms of reference for EIS—Act, s 691
   35.     Content of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694
   36.     Public notification of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694
   37.     Matters for inclusion in draft EIS—Act, s 693
   38.     Content of EIS assessment report—Act, s 699
           39. To whom EIS and other material must be given—Act, s 700
           Part 7--Miscellaneous provisions
   40.     When structure plan arrangements apply to premises
   41.     Prescribed activities for particular definitions under Act, sch 3
           Part 8--Repeal provision
   42.     Repeal
           Part 9--Consequential amendments of legislation
           Division 1--Amendment of Body Corporate and Community Management (Accommodation Module) Regulation 2008
   43.     Regulation amended
   44.     Amendment of s 159 (Disposal of interest in and leasing or licensing of common property—Act, s 154)
           Division 2--Amendment of Body Corporate and Community Management (Commercial Module) Regulation 2008
   45.     Regulation amended
   46.     Amendment of s 117 (Disposal of interest in and leasing or licensing of common property—Act, s 154)
           Division 3--Amendment of Body Corporate and Community Management (Small Schemes Module) Regulation 2008
   47.     Regulation amended
   48.     Amendment of s 95 (Disposal of interest in and leasing or licensing of common property—Act, s 154)
           Division 4--Amendment of Body Corporate and Community Management (Standard Module) Regulation 2008
   49.     Regulation amended
   50.     Amendment of s 161 (Disposal of interest in and leasing or licensing of common property—Act, s 154)
           Division 5--Amendment of Building Regulation 2006
   51.     Regulation amended
   52.     Amendment of s 4 (Prescribed building work for Act, s 21)
           53. Amendment of s 5 (Building work that is exempt development for IPA—Act, s 22)
   54.     Amendment of pt 3, hdg (Prescribed matters or aspects for local laws or planning schemes)
   55.     Amendment of s 6 (Operation of pt 3)
   56.     Amendment of s 13 (Land liable to flooding)
   57.     Amendment of s 34 (Builder's obligation to ensure stage complies with development approval)
   58.     Amendment of s 40 (Acting on referral agency's inspection notice)
   59.     Amendment of sch 2, hdg (Building work prescribed as exempt development for IPA)
   60.     Amendment of sch 4 (Dictionary)
           Division 6--Amendment of Coastal Protection and Management Regulation 2003
   61.     Regulation amended
   62.     Amendment of s 14 (Work that is prescribed tidal work)
   63.     Amendment of s 15 (Work that is not prescribed tidal work)
   64.     Amendment of s 16 (Code for IDAS for prescribed tidal work)
           Division 7--Amendment of Electricity Regulation 2006
   65.     Regulation amended
   66.     Amendment of s 17 (Clearing, lopping and pruning of trees on non-freehold land)
           Division 8--Amendment of Environmental Protection Regulation 2008
   67.     Regulation amended
   68.     Amendment of s 18 (Exempt environmentally relevant activity—Act, s 73AA)
           69. Amendment of s 19 (Other prescribed activities—Act, s 73AA)
           70. Amendment of s 141 (Circumstances under which fee for registration certificate reduced or not payable)
   71.     Amendment of sch 1 (Matters to be addressed by assessment under EIS)
   72.     Amendment of sch 10 (Fees)
           Division 9--Amendment of Environmental Protection (Water) Policy 2009
   73.     Regulation amended
   74.     Amendment of s 21 (Total water cycle management—urban stormwater quality management)
           Division 10--Amendment of Fisheries Regulation 2008
   75.     Regulation amended
   76.     Amendment of s 216 (Authorisation under resource allocation authority)
   77.     Amendment of s 636 (Carrying out particular development in declared fish habitat area)
   78.     Amendment of s 637 (Collecting dead marine wood from unallocated State land)
   79.     Amendment of s 702 (Codes for building work in declared fish habitat area)
   80.     Amendment of s 703 (Code for material change of use of premises for aquaculture)
   81.     Amendment of s 704 (Codes for operational work for constructing or raising a waterway barrier works)
   82.     Amendment of s 705 (Codes for operational work completely or partly within a declared fish habitat area)
   83.     Amendment of s 706 (Codes for operational work that is the removal, destruction or damage of marine plants)
   84.     Amendment of sch 8 (Fees relating to development under Planning Act)
   85.     Amendment of sch 11 (Dictionary)
           Division 11--Amendment of Iconic Queensland Places Regulation 2008
   86.     Regulation amended
   87.     Amendment of sch 3 (Dictionary)
           Division 12--Amendment of Liquor Regulation 2002
   88.     Regulation amended
   89.     Amendment of s 22 (Decision by chief executive for application under s 21 other than application for an occasion approval)
   90.     Amendment of sch 2 (Dictionary)
           Division 13--Amendment of Marine Parks (Declaration) Regulation 2006
   91.     Regulation amended
   92.     Amendment of s 19 (Previously authorised conduct under development approval still authorised)
           Division 14--Amendment of Nature Conservation (Administration) Regulation 2006
   93.     Regulation amended
   94.     Amendment of s 151 (Exemption for recreational wildlife harvesting licence for protected plants that would be destroyed)
   95.     Amendment of pt 9, hdg (Fees payable under the Integrated Planning Act 1997)
   96.     Amendment of s 160 (Fees payable)
   97.     Amendment of sch 1 (Overview of regulation and management instruments)
   98.     Amendment of sch 6 (Fees payable under the Integrated Planning Act 1997)
   99.     Amendment of sch 7 (Dictionary)
           Division 15--Amendment of Nature Conservation (Koala) Conservation Plan 2006
   100.    Plan amended
   101.    Amendment of s 9 (Relevance of koala conservation criteria)
   102.    Amendment of sch 2 (Dictionary)
           Division 16--Amendment of Nature Conservation (Macropod) Conservation Plan 2005
   103.    Plan amended
   104.    Amendment of s 19 (Restriction about processing macropod skin)
           Division 17--Amendment of Planning and Environment Court Rules 2008
   105.    Rules amended
   106.    Amendment of r 3 (Application of rules)
   107.    Amendment of r 5 (Starting proceeding other than appeal)
   108.    Amendment of r 6 (Where to start proceeding)
   109.    Amendment of r 11 (Originating application must be given to other parties)
   110.    Amendment of r 18 (Orders or directions)
   111.    Amendment of r 40 (Without prejudice conference)
   112.    Amendment of r 42 (Delegation)
   113.    Amendment of r 43 (Documents to be given to registrar)
   114.    Amendment of schedule (Dictionary)
           Division 18--Amendment of Prostitution Regulation 2000
   115.    Regulation amended
   116.    Amendment of sch 1 (Agencies with which Authority must liaise)
   117.    Amendment of sch 3 (IDAS Code for development applications mentioned in part 4 of the Act)
           Division 19--Amendment of Queensland Building Services Authority Regulation 2003
   118.    Regulation amended
   119.    Amendment of s 5 (Work that is not building work)
           Division 20--Amendment of Rural and Regional Adjustment Regulation 2000
   120.    Regulation amended
   121.    Amendment of schedule (Approved assistance schemes)
           Division 21--Amendment of Standard Plumbing and Drainage Regulation 2003
   122.    Regulation amended
   123.    Amendment of sch 6 (Dictionary)
           Division 22--Amendment of State Development and Public Works Organisation Regulation 1999
   124.    Regulation amended
   125.    Amendment of s 12M (Exempt development—Act s 140(1)(b))
   126.    Amendment of s 12ZC (Exempt development—Act s 140(1)(b))
   127.    Amendment of sch 1 (Matters to be addressed by assessment)
           Division 23--Amendment of State Development and Public Works Organisation (State Development Areas) Regulation 2009
   128.    Regulation amended
   129.    Amendment of s 6 (Functions of board)
           Division 24--Amendment of Stock (Cattle Tick) Notice 2005
   130.    Notice amended
   131.    Amendment of sch 2 (Dictionary)
           Division 25--Amendment of Stock Regulation 1988
   132.    Regulation amended
   133.    Amendment of s 18 (Introduction of cattle—tuberculosis)
           Division 26--Amendment of Transport Infrastructure (Public Marine Facilities) Regulation 2000
   134.    Regulation amended
   135.    Amendment of s 37 (Mooring approval)
           Division 27--Amendment of Transport Operations (Marine Safety) Regulation 2004
   136.    Regulation amended
   137.    Amendment of sch 15 (Dictionary)
           Division 28--Amendment of Transport Planning and Coordination Regulation 2005
   138.    Regulation amended
   139.    Amendment of s 3 (Code for IDAS)
           Division 29--Amendment of Vegetation Management Regulation 2000
   140.    Regulation amended
   141.    Amendment of s sch 7 (Fees)
           Division 30--Amendment of Water Regulation 2002
   142.    Regulation amended
   143.    Amendment of s 23 (Conditions of water bore driller's licence—Act, s 302)
   144.    Amendment of ss 61 and 61A
           145. Amendment of s 62 (Code for self-assessable development—Act, s 1014)
   146.    Amendment of s 102 (Declared subartesian areas—Act, s 1046)
   147.    Amendment of sch 16 (Fees)
   148.    Amendment of sch 17 (Dictionary)
           Division 31--Amendment of Water Resource (Barron) Plan 2002
   149.    Plan amended
   150.    Amendment of s 51 (Relationship with Integrated Planning Act 1997)
           Division 32--Amendment of Water Resource (Border Rivers) Plan 2003
   151.    Plan amended
   152.    Amendment of s 17 (Application of div 2)
   153.    Amendment of s 33 (Decisions about taking overland flow water)
   154.    Amendment of s 37 (Relationship with Integrated Planning Act 1997)
           Division 33--Amendment of Water Resource (Burdekin Basin) Plan 2007
   155.    Plan amended
   156.    Amendment of pt 5, div 9, hdg (Relationship with Integrated Planing Act 1997)
   157.    Amendment of s 82 (Works for taking overland flow water)
   158.    Amendment of s 88 (Minor or stated amendment of plan—Act, s 57)
           Division 34--Amendment of Water Resource (Burnett Basin) Plan 2000
   159.    Plan amended
   160.    Amendment of s 30F (Relationship with Integrated Planning Act 1997)
           Division 35--Amendment of Water Resource (Calliope River Basin) Plan 2006
   161.    Plan amended
   162.    Amendment of s 14 (Decisions about taking overland flow water)
   163.    Amendment of s 18 (Relationship with Integrated Planning Act 1997)
           Division 36--Amendment of Water Resource (Condamine and Balonne) Plan 2004
   164.    Plan amended
   165.    Amendment of s 16 (Application of div 2)
   166.    Amendment of s 45 (Decisions about taking overland flow water)
   167.    Amendment of s 50 (Relationship with Integrated Planning Act 1997)
           Division 37--Amendment of Water Resource (Fitzroy Basin) Plan 1999
   168.    Plan amended
   169.    Amendment of s 28C (Decisions about taking overland flow water)
   170.    Amendment of s 28G (Relationship with Integrated Planning Act 1997)
           Division 38--Amendment of Water Resource (Georgina and Diamantina) Plan 2004
   171.    Plan amended
   172.    Amendment of s 9 (Decisions about taking water)
   173.    Amendment of s 11 (Decisions about taking overland flow water)
   174.    Amendment of s 15 (Relationship with Integrated Planning Act 1997)
           Division 39--Amendment of Water Resource (Gold Coast) Plan 2006
   175.    Plan amended
   176.    Amendment of sch 11(Dictionary)
           Division 40--Amendment of Water Resource (Great Artesian Basin) Plan 2006
   177.    Plan amended
   178.    Amendment of s 35 (Relationship with Integrated Planning Act 1997)
           Division 41--Amendment of Water Resource (Gulf) Plan 2007
   179.    Plan amended
   180.    Amendment of s 81 (Relationship with Integrated Planning Act 1997)
   181.    Amendment of s 83 (Relationship with Integrated Planning Act 1997)
           Division 42--Amendment of Water Resource (Logan Basin) Plan 2007
   182.    Plan amended
   183.    Amendment of sch 13 (Dictionary)
           Division 43--Amendment of Water Resource (Mary Basin) Plan 2006
   184.    Plan amended
   185.    Amendment of s 79 (Relationship with Integrated Planning Act 1997)
   186.    Amendment of sch 12 (Dictionary)
           Division 44--Amendment of Water Resource (Mitchell) Plan 2007
   187.    Plan amended
   188.    Amendment of s 57 (Relationship with Integrated Planning Act 1997)
   189.    Amendment of s 59 (Relationship with Integrated Planning Act 1997)
           Division 45--Amendment of Water Resource (Moonie) Plan 2003
   190.    Plan amended
   191.    Amendment of s 17 (Application of div 2)
   192.    Amendment of s 33 (Decisions about taking overland flow water)
   193.    Amendment of s 37 (Relationship with Integrated Planning Act 1997)
           Division 46--Amendment of Water Resource (Moreton) Plan 2007
   194.    Plan amended
   195.    Amendment of s 84 (Relationship with Integrated Planning Act 1997)
   196.    Amendment of s 88 (Relationship with Integrated Planning Act 1997)
   197.    Amendment of sch 15 (Dictionary)
           Division 47--Amendment of Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003
   198.    Plan amended
   199.    Amendment of s 17 (Application of div 2)
   200.    Amendment of s 33 (Decisions about taking overland flow water)
   201.    Amendment of s 37 (Relationship with Integrated Planning Act 1997)
           Division 48--Amendment of Wet Tropics Management Plan 1998
   202.    Plan amended
   203.    Amendment of s 67 (Definitions for pt 5)
           Division 49--Amendment of Wine Industry Regulation 2009
   204.    Regulation amended
   205.    Amendment of s 2 (Particulars to be included in application for licence—Act, s 7(1)(b))
           SCHEDULE 1 -- DESIGNATED REGIONS
           SCHEDULE 2 -- COMMUNITY INFRASTRUCTURE
           SCHEDULE 3 -- ASSESSABLE DEVELOPMENT, SELF-ASSESSABLE DEVELOPMENT AND TYPE OF ASSESSMENT
           SCHEDULE 4 -- DEVELOPMENT THAT CAN NOT BE DECLARED TO BE DEVELOPMENT OF A PARTICULAR TYPE--ACT, SECTION 232(2)
           SCHEDULE 5 -- APPLICABLE CODES, LAWS AND POLICIES FOR PARTICULAR DEVELOPMENT
           SCHEDULE 6 -- ASSESSMENT MANAGER FOR DEVELOPMENT APPLICATIONS
           SCHEDULE 7 -- REFERRAL AGENCIES AND THEIR JURISDICTIONS
           SCHEDULE 8 -- SPECIAL FIRE SERVICES AND REFERRAL JURISDICTION OF QUEENSLAND FIRE AND RESCUE SERVICE FOR THEM
           SCHEDULE 9 -- PUBLIC PASSENGER TRANSPORT RELATED DEVELOPMENT MADE ASSESSABLE UNDER SCHEDULE 3, PART 1, AND THRESHOLDS FOR REFERRAL
           SCHEDULE 10 -- RAIL TRANSPORT RELATED DEVELOPMENT MADE ASSESSABLE UNDER SCHEDULE 3, PART 1, AND THRESHOLDS FOR REFERRAL
           SCHEDULE 11 -- THRESHOLDS FOR DEVELOPMENT NOT CONTIGUOUS TO STATE-CONTROLLED ROADS
           SCHEDULE 12 -- DEVELOPMENT IMPACTING ON THE PROVISION OF PUBLIC PASSENGER TRANSPORT, AND THRESHOLDS
           SCHEDULE 13 -- DEVELOPMENT IMPACTING ON RAILWAY SAFETY AND EFFICIENCY, AND THRESHOLDS
           SCHEDULE 14 -- STATE RESOURCES
           SCHEDULE 15 -- REFERRAL AGENCY ASSESSMENT PERIODS
           SCHEDULE 16 -- DEVELOPMENT FOR WHICH A NOTIFICATION PERIOD OF AT LEAST 30 BUSINESS DAYS APPLIES--PURPOSES
           SCHEDULE 17 -- DEVELOPMENT FOR WHICH A NOTIFICATION PERIOD OF AT LEAST 30 BUSINESS DAYS APPLIES--AREAS
           SCHEDULE 18 -- COMPLIANCE ASSESSMENT OF PARTICULAR DEVELOPMENT
           SCHEDULE 19 -- COMPLIANCE ASSESSMENT OF SUBDIVISION PLANS
           SCHEDULE 20 -- COURT FEES
           SCHEDULE 21 -- BUILDING AND DEVELOPMENT COMMITTEE FEES
           SCHEDULE 22 -- LOCAL GOVERNMENTS REQUIRED TO REVIEW PRIORITY INFRASTRUCTURE PLANS
           SCHEDULE 23 -- TRUNK INFRASTRUCTURE CHARGE RATES
           SCHEDULE 24 -- CLEARING OF NATIVE VEGETATION--NOT ASSESSABLE DEVELOPMENT UNDER SCHEDULE 3, PART 1, TABLE 4, ITEM 1
           Part 1 Clearing and other activities or matters--general
   1.      Clearing and other activities or matters for land generally
           Part 2--Clearing for particular land
   2.      Freehold land
   3.      Indigenous land
   4.      Land subject to a lease under the Land Act 1994
   5.      Land that is a road under the Land Act 1994
   6.      Particular trust land under the Land Act 1994
   7.      Unallocated State land under the Land Act 1994
   8.      Land subject to a licence or permit under the Land Act 1994
           SCHEDULE 25 -- LGA POPULATION 1 AREAS
           SCHEDULE 26 -- DICTIONARY


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