Queensland Consolidated Acts

PLANNING ACT 2016 - SECT 43

43 Categorising instruments

(1) A
"categorising instrument" is a regulation or local categorising instrument that does any or all of the following—

(a) categorises development as prohibited, assessable or accepted development;

(b) specifies the categories of assessment required for different types of assessable development;

(c) sets out the matters (the
"assessment benchmarks" ) that an assessment manager must assess assessable development against.

(2) An assessment benchmark does not include—

(a) a matter of a person’s opinion; or

(b) a person’s circumstances, financial or otherwise; or

(c) for code assessment—a strategic outcome under section 16 (1) (a) ; or

(d) a matter prescribed by regulation.

Examples of assessment benchmarks—

a code, a standard, or an expression of the intent for a zone or precinct

(3) A
"local categorising instrument" is—

(a) a planning scheme; or

(b) a TLPI; or

(c) a variation approval, to the extent the variation approval does any of the things mentioned in subsection (1) .

(4) A regulation made under subsection (1) applies instead of a local categorising instrument, to the extent of any inconsistency.

(5) A local categorising instrument—

(a) may state that development is prohibited development only if a regulation allows the local categorising instrument to do so; and

(b) may not state that development is assessable development if a regulation prohibits the local categorising instrument from doing so; and

(c) may not, in its effect, be inconsistent with the effect of a specified assessment benchmark, or a specified part of an assessment benchmark, identified in a regulation made for this paragraph; and

Note—

Assessment benchmarks are given effect through the rules for assessing and deciding development applications under section 45 , 59 or 60 .

(d) may not include an assessment benchmark about the effect or impact of development on the stated cultural heritage significance of a Queensland heritage place.

(5A) To remove any doubt, it is declared that subsection (5) (d) applies even if the Queensland heritage place is also a local heritage place.

(6) To the extent a local categorising instrument does not comply with subsection (5) , the instrument has no effect.

(7) A variation approval may do something mentioned in subsection (1) only in relation to—

(a) development that is the subject of the variation approval; or

(b) development that is the natural and ordinary consequence of the development that is the subject of the variation approval.

(8) Subsections (4) and (6) apply no matter when the regulation and local categorising instrument commenced in relation to each other.