Queensland Consolidated Regulations
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PLANNING REGULATION 2017
- Made under the Planning Act 2016
- As at 11 December 2023
- Reg 78 of 2017
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Definitions
PART 2 - PLANNING
Division 1 - State planning instruments
4. Regions—Act, sch 2
Division 2 - Local planning instruments
Subdivision 1 - Regulated requirements
5. Purpose and application of subdivision
6. Zones that may be adopted
7. Use terms that may be adopted
8. Administrative terms
Subdivision 1A - Application of regulated requirements to particular local planning instruments
9. Application of subdivision
9A. Local planning instruments that include land in high technology industry zone
9B. Local planning instruments using particular use terms
Subdivision 2 - Other provisions for local planning instruments
10. Minister’s guidelines and rules—Act, s 17
Division 3 - Superseded planning schemes
11. Making superseded planning scheme request—Act, s 29
12. Deciding superseded planning scheme request—Act, s 29
Division 4 - Designation of premises for development of infrastructure
13. Infrastructure—Act, s 35
14. Guidelines for environmental assessment and consultation—Act, s 36
15. Designation process rules—Act, s 37
PART 3 - LOCAL CATEGORISING INSTRUMENTS
16. Development local categorising instrument is prohibited from stating is assessable development—Act, s 43
17. Assessment benchmarks that local categorising instruments may not be inconsistent with—Act, s 43
PART 3A - (Expired)
PART 4 - DEVELOPMENT ASSESSMENT
Division 1 - Categories of development
18. Accepted development—Act, s 44
19. Prohibited development—Act, s 44
20. Assessable development—Act, ss 44 and 45
20A. When particular development for rural workers’ initiative is not assessable development
20B. (Repealed)
Division 2 - Assessment manager
21. Assessment manager for development applications—Act, s 48
Division 3 - Referral agency’s assessment
22. Referral agency’s assessment generally—Act, ss 54, 55 and 56
23. Changes to referral agency’s assessment for particular development at Port of Brisbane
24. When no response by referral agency is taken to be direction to refuse—Act, s 58
Division 4 - Assessment manager’s decision
Subdivision 1 - Code assessment
25. Application of subdivision
26. Assessment benchmarks generally—Act, s 45
27. Matters code assessment must have regard to generally—Act, s 45
28. Code assessment for particular development applications
Subdivision 2 - Impact assessment
29. Application of subdivision
30. Assessment benchmarks generally—Act, s 45
31. Matters impact assessment must have regard to generally—Act, s 45
Subdivision 3 - Variation requests
32. Assessing variation requests—Act, s 61
Division 5 - Fees
33. Required fee for development applications—Act, s 51
34. Required fee for referral agency’s assessment—Act, s 54
35. Fee for operational work for clearing native vegetation
36. Fee for operational work that is waterway barrier works
36A. Fee for assessable development under sch 10, pt 16
37. Fee for fast-track development
38. Required fee for registered non-profit organisations and government-funded community development
39. Required fee for particular change applications and extension applications—Act, ss 79 and 86
40. When required fee may be waived—Act, s 109
Division 6 - Miscellaneous
41. Deciding whether development is consistent with future planning intent
41A. Deciding whether development is required to be outside SEQ urban footprint
41B. Deciding whether there is an overriding need in the public interest for development
42. Who decision notice must be given to—Act, ss 63 and 76
43. Requirements for decision notice—Act, s 63
44. Development assessment rules—Act, ss 68 and 69
PART 5 - PROPOSED CALL IN NOTICE
45. Purpose of part
46. Content of proposed call in notice
47. When proposed call in notice must be given
48. Effect of proposed call in notice on process for assessing and deciding application
49. Effect of proposed call in notice on appeal period
50. Representation period
51. Notice of decision not to call in application
PART 6 - INFRASTRUCTURE
52. Adopted charges—Act, s 112
53. Infrastructure guidelines—Act, ss 116 and 117
PART 7 - DISPUTE RESOLUTION
54. Qualifications and experience for referees—Act, s 233
55. Tribunal chairperson—Act, s 237
56. Required fees for tribunal proceedings—Act, s 237
PART 8 - URBAN ENCROACHMENT
Division 1 - Application for registration or renewal
Subdivision 1 - Preliminary
57. Application of division
Subdivision 2 - Matters for chapter 7, part 4 of the Act
58. Purpose of subdivision
59. Requirements for application for registration or renewal
60. Applicant to give notice of application
61. Minister may request extra information
62. Assessing application for registration or renewal
63. Content of notices
Subdivision 3 - Other matters
64. Criteria for registration or renewal—Act, s 267
Division 2 - Amending or cancelling registration
65. Notice of proposed amendment—Act, s 275
66. Notice of proposed cancellation—Act, s 275
67. Requirements for notices about amending or cancelling registration—Act, s 275
Division 3 - Affected area development applications
68. Development applications that are not affected area development applications
PART 8A - TEMPORARY USE LICENCES
68A. Applications for temporary use licences—Act, s 275H
PART 8B - ECONOMIC SUPPORT INSTRUMENTS
Division 1 - Preliminary
68B. Purpose of part
68C. Definitions for part
Division 2 - Provisions in relation to economic support instruments
68D. Local governments may adopt economic support instruments
68E. Publication of economic support instruments
68F. Period of economic support instruments
68G. Revoking economic support instruments
Division 3 - Development that requires code assessment
68H. Application of division
68I. Particular development requires code assessment instead of impact assessment
PART 9 - MISCELLANEOUS
69. Approving plans of subdivision—Act, s 284
70. Public access to certain documents—Act, s 264
71. Planning and development certificates—Act, s 265
72. Priority infrastructure areas—Act, s 304
72A. Rounding of amounts expressed as numbers of fee units
PART 10 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION (KOALA PROTECTION) AMENDMENT REGULATION 2020
73. Existing development applications
PART 11 - TRANSITIONAL PROVISION FOR PLANNING AMENDMENT REGULATION (NO. 1) 2021
74. Continuation of existing economic support instruments
PART 12 - TRANSITIONAL PROVISION FOR PLANNING (ECONOMIC SUPPORT INSTRUMENTS) AMENDMENT REGULATION 2022
75. Further continuation of existing economic support instruments
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 5A
SCHEDULE 5B
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
SCHEDULE 10
SCHEDULE 11
SCHEDULE 12
SCHEDULE 12A
SCHEDULE 13
SCHEDULE 14
SCHEDULE 15
SCHEDULE 16
SCHEDULE 17
SCHEDULE 18
SCHEDULE 19
SCHEDULE 20
SCHEDULE 21
SCHEDULE 22
SCHEDULE 23
SCHEDULE 23A
SCHEDULE 24
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