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           Division 3 - Superseded planning schemes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     Making superseded planning scheme request—Act, s 29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     Deciding superseded planning scheme request—Act, s 29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    (Repealed)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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