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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