Queensland Consolidated Regulations Queensland Consolidated RegulationsBuilding work for a wind farm.
(1) Building work, other than minor building work, that increases the gross floor area of an existing building on premises if—(a) an economic support instrument applying this section is in effect for the local government area in which the premises are located; and(b) the building work is substantially started during the period the economic support instrument is in effect; and(c) the building work increases the gross floor area of the existing building by no more than the lesser of the following—(i) 100m 2;(ii) 10% of the gross floor area of the existing building; and(d) under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and(e) the building work is carried out in relation to the existing use of the premises; and(f) the existing use is stated in table 1, column 2 opposite the zone applying to the premises; and(g) the economic support instrument states that the existing use is identified for the zone applying to the premises; and(h) the building work does not involve operational works for vegetation clearing; and(i) the building work is not carried out on, or on premises adjoining, a Queensland heritage place or local heritage place; and(j) the building work complies with any assessment benchmarks in the local planning instrument about the distance a building or structure on the premises must be from a boundary that are stated in the economic support instrument; and(k) the building work does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and(l) no other building work to increase the gross floor area of the existing building, other than building work carried out under a development approval given before the economic support instrument took effect, has been carried out during the period the economic support instrument is in effect.
(2) In this section, a reference to a zone using a particular name is taken to be a reference to—(a) the zone of that name stated in schedule 2 ; or(b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .
Table 1 Column 1
ZoneColumn 2
Existing use1 Neighbourhood centre zone or local centre zone 1 Food and drink outlet2 Health care service3 Office4 Shop5 Veterinary service 2 Centre zone, district centre zone, major centre zone or principal centre zone 1 Bar2 Food and drink outlet3 Garden centre4 Health care service5 Indoor sport and recreation6 Market7 Office8 Service industry9 Shop10 Veterinary service 3 Mixed use zone 1 Bar2 Food and drink outlet3 Garden centre4 Health care service5 Home-based business6 Indoor sport and recreation7 Market8 Office9 Service industry10 Shop11 Veterinary service 4 Industry zone, low impact industry zone or medium impact industry zone 1 Bulk landscape supplies2 Car wash3 Hardware and trade supplies4 Low impact industry5 Research and technology industry6 Service industry7 Transport depot8 Veterinary service9 Warehouse 5 Research and technology industry zone 1 Low impact industry2 Research and technology industry 6 Rural zone 1 Agricultural supplies store2 Intensive horticulture3 Nature-based tourism4 Rural industry5 Wholesale nursery6 Winery 7 Tourism zone, major tourism zone or minor tourism zone 1 Nature-based tourism2 Sales office3 Shop4 Tourist attraction5 Tourist park 8 Township zone 1 Agricultural supplies store2 Bar3 Garden centre4 Hardware and trade supplies5 Roadside stall6 Transport depot7 Veterinary service8 Wholesale nursery9 Winery 9 Waterfront and marine industry zone 1 Low impact industry2 Marine industry3 Warehouse
(1) A material change of use of premises for a class 1 or 2 building, if the use is providing support services and temporary accommodation for persons escaping domestic violence.
(2) A material change of use of premises for a dwelling house, if—(a) the material change of use is for a residential purpose in a residential zone other than a medium density residential zone or high density residential zone; and(b) the material change of use does not involve a basement or an underground parking area; and(c) 1 of the following applies—(i) no relevant overlay applies to the premises;(ii) only an overlay about bush fire hazards applies to the premises and the premises are less than 2,000m2;(iii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.
(3) A material change of use of premises for a dual occupancy, if—(a) the use is for a residential purpose in a residential zone; and(b) either—(i) the material change of use involves repairing, renovating, altering or adding to the dual occupancy in a way that does not change the classification for the dual occupancy under the Building Code; or(ii) if the dual occupancy is made up of 2 attached dwellings—the local government for the local government area where the premises are has, by resolution, decided to apply this subsection to the premises.
(4) A material change of use of premises for a class 1 building for rooming accommodation, if—(a) the material change of use—(i) does not involve the carrying out of building work; or(ii) involves the carrying out of minor building work only; and(b) the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and(c) the material change of use does not create new vehicular access to a State-controlled road; and(d) the premises—(i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and(ii) are occupied by no more than 5 persons; and(e) either—(i) no overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises; or(ii) an overlay about bush fire hazards, coastal hazards, flood hazards or landslide hazards applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development.
(5) A material change of use of premises for a class 1 building for rooming accommodation, if—(a) the material change of use involves the carrying out of building work other than minor building work; and(b) the premises are included in a general residential zone, low density residential zone or low-medium density residential zone under a local categorising instrument; and(c) the material change of use does not create new vehicular access to a State-controlled road; and(d) the premises—(i) have no more than 5 bedrooms, including any bedroom used as part of a manager’s residence; and(ii) are occupied by no more than 5 persons; and(e) either—(i) no relevant overlay applies to the premises; or(ii) a relevant overlay applies to the premises and the application of the overlay does not result in the material change of use being categorised as assessable development; and(f) the material change of use does not involve a basement or an underground parking area; and(g) the premises are not on a local heritage register under the Queensland Heritage Act 1992 ; and(h) the material change of use provides landscaping between a building that is on the premises and the front boundary of the premises, excluding any driveway or pedestrian access.
(6) In this section—(a) a reference to a zone using a particular name is taken to be a reference to the zone of that name stated in schedule 2 ; and(b) a reference to an overlay is a reference to the overlay as identified in the local categorising instrument and relevant to assessment of the material change of use.
(7) In this section—
"landscaping" means any combination of trees, grass, plants, garden beds and paving.
"relevant overlay" means—(a) an overlay, or part of an overlay, that is about—(i) bush fire hazards, coastal hazards, flood hazards or landslide hazards; or(ii) safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination; or(b) an overlay, or part of an overlay, that includes an overlay code and is about—(i) development of a local heritage place; or(ii) development in a place with traditional building character; or(iii) the protection of areas of natural, environmental or ecological significance, including the protection of the biodiversity, significant animals and plants, wetlands and waterways of such areas; or(iv) development within an area identified on a map titled ‘ANEF’ on the State Planning Policy Interactive Mapping System.Note—Section 16 (2) of the regulation provides for the expiry of particular provisions of this section.
A material change of use of premises for cropping that involves forestry for wood production, if—
(a) the premises are in a rural zone; and
(b) the material change of use complies with schedule 13 .
(1) A material change of use of premises if—(a) the use is the provision of emergency accommodation, on a temporary basis, for persons affected by the impact of an event; and(b) the accommodation is provided by, or on behalf of, the State or a local government; and(c) no part of the premises is in any of the following areas under a State planning instrument or local instrument—(i) a flood hazard area;(ii) a bushfire hazard area;(iii) a landslide hazard area.
(2) In this section—
"event" see the Disaster Management Act 2003 , section 16 .
(1) A material change of use of premises for an off-road motorcycling facility on off-road motorcycling facility land, if the material change of use complies with the following requirements—(a) the material change of use protects the environmental values of the premises;(b) the use does not result in contamination of, or interfere with water flows into, any surface water or groundwater;(c) any camping facility on the premises—(i) is designed to ensure the safe movement of pedestrians and vehicles; and(ii) is on a part of the premises that allows for the future expansion of the camping facility; and(iii) is managed to ensure that the number of persons using the camping facility at any 1 time is appropriate having regard to the capacity of the facility; and(iv) provides adequate toilet, shower, water and wastewater facilities to service users of the camping facility;(d) vegetation buffers with a width of at least 20m are established on the premises to provide a visual screen between riding trails, other than motocross tracks, and relevant neighbouring premises;(e) vegetation buffers under paragraph (d) use only vegetation species that are endemic to the surrounding area;(f) outdoor lighting on the premises does not adversely impact on the amenity of relevant neighbouring premises;(g) before the use starts on the premises, the following documents are prepared—(i) an acoustic assessment report;(ii) a road and traffic assessment report;(iii) an erosion and sediment control plan;(h) all circuits, tracks, trails and noise-generating activities on the premises are at a distance of at least the buffer distance, stated in the acoustic assessment report, from a relevant noise sensitive place;(i) the noise levels generated by the use during operating hours do not exceed 45dBA (L Aeq) at a relevant noise sensitive place, measured at a point on the noise sensitive place that is outdoors and closest, in a direct line, to the off-road motorcycling facility land;(j) any measures identified in the road and traffic assessment report for addressing impacts on traffic are implemented;(k) on-site parking is provided in accordance with the road and traffic assessment report;(l) service vehicles can access the parts of the premises used for off-road motorcycling, camping or spectator facilities;(m) the premises provide access for emergency vehicles or helicopters;(n) any measures identified in the erosion and sediment control plan for minimising erosion and sediment run-off impacts on the premises are implemented;(o) an irrigation system and water supply is provided for motocross tracks on the premises to prevent dust being generated.
(2) In this section—
"acoustic assessment report" means a report—(a) prepared by an appropriately qualified person; and(b) stating measures, including buffer distances, for ensuring noise levels generated by the use do not exceed 45dBA (L Aeq) at a relevant noise sensitive place.
"erosion and sediment control plan" means a plan—(a) prepared by an appropriately qualified person; and(b) stating measures to be implemented, including measures relating to the design and location of buildings and structures, to minimise erosion and sediment run-off impacts of the use.
"relevant neighbouring premises" means premises that—(a) share a common boundary with off-road motorcycling facility land; and(b) either—(i) contain a dwelling built before 15 October 2010; or(ii) are the subject of an effective development approval for development relating to a dwelling given before 15 October 2010.
"relevant noise sensitive place" means a noise sensitive place that—(a) was built before 15 October 2010; or(b) is the subject of an effective development approval given before 15 October 2010.
"road and traffic assessment report" means a report—(a) prepared by a person registered as a registered professional engineer under the Professional Engineers Act 2002 ; and(b) stating details of—(i) the impact of the use on traffic and measures for addressing the impacts; and(ii) proposed on-site vehicle parking and vehicular access to and from the premises.
(1) A material change of use of premises for a community residence, if—(a) the premises are included in a prescribed zone under a local categorising instrument; and(b) no more than 7 support workers attend the residence in a 24-hour period; and(c) at least 2 car parks are provided on the premises for use by residents and visitors; and(d) at least 1 of the car parks stated in paragraph (c) is suitable for persons with disabilities; and(e) at least 1 car park is provided on the premises for use by support workers.
(2) In this section—
"prescribed zone" means—(a) any of the following zones stated in schedule 2 —(i) general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone;(ii) centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;(iii) community facilities zone;(iv) environmental management and conservation zone;(v) rural zone;(vi) rural residential zone; or(b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to a zone mentioned in paragraph (a) .
A material change of use for a wind farm.
(1) A material change of use of premises if—(a) an economic support instrument applying this section is in effect for the local government area in which the premises are located; and(b) the material change of use is carried out during the period the economic support instrument is in effect; and(c) under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and(d) the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and(e) the economic support instrument states that the proposed use is identified for the zone applying to the premises; and(f) the material change of use does not involve the use of a building other than an existing building; and(g) the material change of use—(i) does not involve the carrying out of building work; or(ii) involves the carrying out of minor building work only; and(h) the material change of use does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and(i) for a proposed use other than a declared use for the premises, the proposed use complies with the following—(i) if the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop;(ii) if subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument;(iii) if the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument.
(2) In this section, a reference to a zone using a particular name is taken to be a reference to—(a) the zone of that name stated in schedule 2 ; or(b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .
(3) In this section—
"declared use" , for premises, means a use, or use of a class, declared for an applicable event under a declaration under section 275O of the Act that is in effect for the area in which the premises are located.
Table 1 Column 1
ZoneColumn 2
Proposed use1 Neighbourhood centre zone or local centre zone 1 Food and drink outlet2 Health care service3 Office4 Shop5 Veterinary service 2 Centre zone, district centre zone, major centre zone or principal centre zone 1 Bar2 Food and drink outlet3 Garden centre4 Health care service5 Indoor sport and recreation6 Market7 Office8 Service industry9 Shop10 Veterinary service 3 Mixed use zone 1 Bar2 Food and drink outlet3 Garden centre4 Health care service5 Home-based business6 Indoor sport and recreation7 Market8 Office9 Shop10 Showroom11 Veterinary service 4 Industry zone, low impact industry zone or medium impact industry zone 1 Bulk landscape supplies2 Car wash3 Hardware and trade supplies4 Low impact industry5 Research and technology industry6 Service industry7 Transport depot8 Veterinary service9 Warehouse 5 Research and technology industry zone 1 Low impact industry2 Research and technology industry 6 Rural zone 1 Agricultural supplies store2 Rural industry3 Wholesale nursery4 Winery 7 Tourism zone, major tourism zone or minor tourism zone 1 Nature-based tourism2 Sales office3 Shop4 Tourist attraction 8 Township zone 1 Garden centre2 Hardware and trade supplies3 Roadside stall4 Veterinary service5 Wholesale nursery6 Winery 9 Waterfront and marine industry zone 1 Low impact industry2 Marine industry3 Warehouse
(1) A material change of use of premises if—(a) an economic support instrument applying this section is in effect for the local government area in which the premises are located; and(b) the material change of use is carried out during the period the economic support instrument is in effect; and(c) under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and(d) the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and(e) the economic support instrument states that the proposed use is identified for the zone applying to the premises; and(f) the material change of use does not involve an industry activity; and(g) the proposed use complies with the acoustic quality objectives under the Environmental Protection (Noise) Policy 2019 during operating hours for the use.
(2) In this section, a reference to a zone using a particular name is taken to be a reference to—(a) the zone of that name stated in schedule 2 ; or(b) a zone, other than a zone stated in schedule 2 , that is of a substantially similar type to the zone of that name stated in schedule 2 .
Table 1 Column 1
ZoneColumn 2
Proposed use1 General residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone 1 Home-based business 2 Township zone 1 Home-based business
A material change of use of premises for rural workers’ accommodation, if—
(a) the premises are in a rural zone; and
(b) the area of the premises is at least 25ha; and
(c) no part of the premises is in any of the following areas under a State planning instrument or local instrument—(i) a flood hazard area;(ii) a bushfire hazard area;(iii) a landslide hazard area; and
(d) the material change of use does not result in accommodation with a total capacity to accommodate more than 20 employees of a rural use across the following premises—(i) the premises on which the material change of use is carried out;(ii) the premises on which the rural use is carried out;(iii) adjoining premises to premises mentioned in subparagraph (i) or (ii) if the premises are owned by the same person; and
(e) the material change of use does not involve a new vehicular access to a road or changes to an existing vehicular access to a road.
Note—See also section 16 (3) .
Operational work or plumbing or drainage work (including maintenance and repair work), if the work—
(a) is carried out by or for a public sector entity authorised under a State law to carry out the work; and
(b) is not development stated in section 26 of this schedule.
Operational work for ancillary works and encroachments for a road—
(a) carried out in accordance with a notice made under the Transport Infrastructure Act , section 50 (4) ; or
(b) done as required by a written arrangement entered into with the chief executive (transport) mentioned in the Transport Infrastructure Act , section 50 (2) (c) .
Operational work for the construction of a substitute railway crossing by a railway manager under the Transport Infrastructure Act , section 169 .
Operational work performed by a railway manager under the Transport Infrastructure Act , section 260 .
Operational work carried out under a rail feasibility investigator’s authority given under the Transport Infrastructure Act , section 112 .
Operational work that is digging or boring into land by an authorised person under the Coastal Act , section 134 .
Operational work for—
(a) an aid to navigation; or
(b) a sign for maritime navigation.
(1) Operational work for a subscriber connection.
(2) In this section—
"subscriber connection" means an installation that is only for connecting a building, structure, caravan or mobile home to a line that forms part of a telecommunications network.
Operational work relating to—
(a) management practices for the conduct of an agricultural use, other than—(i) the clearing of native vegetation; or(ii) operations of any kind and all things constructed or installed for taking or interfering with water under the Water Act , other than using a water truck to pump water; or
(b) weed or pest control, unless the work involves the clearing of native vegetation; or
(c) the use of fire under the Fire and Emergency Services Act ; or
(d) the conservation or restoration of natural environment as defined under the Environmental Protection Act , schedule 4 ; or
(e) the use of premises for a forest practice.
Operational work for removing quarry material from—
(a) a State forest, timber reserve, forest entitlement area, or Crown land, as defined under the Forestry Act ; or
(b) a forest consent area, as defined under the Forestry Act , if the quarry material is reserved to the State in a deed of grant under the Land Act .
Operational work that is the removal, destruction or damage of a marine plant.
Operational work that is, or is necessary for, harvesting trees for wood production on premises in a rural zone, if the development complies with schedule 13 .
Operational work that is filling or excavating, or for a dam or earth bank, if—
(a) the work is carried out on off-road motorcycling facility land; and
(b) the work relates to an off-road motorcycling facility; andExamples of work relating to an off-road motorcycling facility—• work carried out for the construction of the facility• work relating to the operation of the facility, including the construction or maintenance of fire breaks, recreational trails, roads, tracks, viewing mounds or water storage facilities
(c) the work does not—(i) increase the risk of flooding on the premises or other premises; or(ii) result in contamination of, or interfere with water flows into, any surface water or groundwater; and
(d) the work involves measures, identified in an erosion and sediment control plan under section 5 (1) (g) (iii) , for minimising erosion and sediment run-off impacts on the premises caused by the work; and
(e) land on which filling or excavating is carried out is stabilised after the work is completed.
Operational work that is clearing native vegetation if—
(a) the clearing is necessary for—(i) establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, and the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; or(ii) establishing a necessary fire management line, and the maximum width of the clearing for the fire management line is 10m; and
(b) the clearing—(i) is on freehold land; or(ii) is on indigenous land; or(iii) is on land leased under the Land Act 1994 for agriculture or grazing purposes; or(iv) is on land leased under the Land Act 1994 , other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or(v) is on trust land under the Land Act 1994 , other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or(vi) is on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or(vii) is on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.
(1) Reconfiguring a lot other than a lot as defined under the Land Title Act .
(2) Reconfiguring a lot as defined under the Land Title Act , if the reconfiguration—(a) requires a building format plan of subdivision under the Land Title Act and the plan does not subdivide land on or below the surface of the land; or(b) is for the amalgamation of 2 or more lots; or(c) is for the incorporation, under the Body Corporate and Community Management Act 1997 , section 41 , of a lot with common property for a community titles scheme; or(d) is for the conversion, under the Body Corporate and Community Management Act 1997 , section 43 , of lessee common property within the meaning of that Act to a lot in a community titles scheme; or(e) relates to the acquisition of land, including by agreement, under the Acquisition Act , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or(f) relates to the acquisition of land by agreement, other than under the Acquisition Act , by a constructing authority or an authorised electricity entity for a purpose for which land may be taken under that Act; or(g) is for land that—(i) is held by the State, or a statutory body representing the State; and(ii) is being reconfigured for a purpose for which land may be taken under the Acquisition Act , whether or not the land relates to an acquisition; or(h) relates to the acquisition of land for water infrastructure; or(i) is for reconfiguring a lot that is, or includes, strategic port land; or(j) is for the Transport Infrastructure Act , section 240 ; or(k) is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 ; or(l) is under an instrument of lease and the lessee is an authorised electricity entity; or(m) is under a relevant instrument of lease.
(3) In this section—
"relevant instrument of lease" means an instrument of lease for a grant of a residential lease over a part of a lot that—(a) was previously subject to a social housing lease; and(b) is the same part of the lot that was subject to—(i) a partial surrender of the social housing lease; or(ii) if the part of the lot is the last remaining part of the social housing lease—a whole surrender of the lease.
"residential lease" means a lease for residential use—(a) given under the Aboriginal Land Act 1991 to an Aboriginal person; or(b) given under the Torres Strait Islander Land Act 1991 to a Torres Strait Islander.
"social housing lease" means a lease granted to the State under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 for the purpose of providing subsidised housing for residential use.
(1) Development for an activity authorised under—(a) the Mineral Resources Act 1989 , including an activity for the purpose of 1 or more of the following Acts—(i) the Alcan Queensland Pty. Limited Agreement Act 1965 ;(ii) the Central Queensland Coal Associates Agreement Act 1968 ;(iii) the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;(iv) the Mount Isa Mines Limited Agreement Act 1985 ;(v) the Queensland Nickel Agreement Act 1970 ;(vi) the Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; or(b) the Offshore Minerals Act 1998 ; or(c) the Petroleum Act 1923 or the Petroleum and Gas Act , other than an activity relating to building and operating an oil refinery; or(d) the Petroleum (Submerged Lands) Act 1982 .
(2) Development for a mining activity, as defined under the Environmental Protection Act , section 110 , that an environmental authority applies to.
(3) Development for a petroleum activity as defined under the Environmental Protection Act , section 111 .
Development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 .
Development for a GHG storage activity carried out under a GHG authority under the Greenhouse Gas Storage Act 2009 .
Development that a person is directed to carry out under a notice, order or direction made under a State law.
(1) Development for ancillary works and encroachments for a road carried out by or for the State.
(2) Development for the construction of the following infrastructure, if the infrastructure is government supported transport infrastructure—(a) an aid to navigation;(b) a public marine facility;(c) road transport infrastructure;(d) transport infrastructure.
(3) Development that is the use of, or for the maintenance, repair or upgrading of—(a) an aid to navigation; or(b) a public marine facility; or(c) road transport infrastructure; or(d) transport infrastructure.
(4) Development that—(a) is adjacent to—(i) an aid to navigation; or(ii) a public marine facility; or(iii) road transport infrastructure; or(iv) transport infrastructure; and(b) is ancillary to the use, maintenance, repair or upgrading of the infrastructure.Examples for paragraph (b)—excavating, crushing, screening, cutting, filling, preparing construction material (including concrete), storing materials, removing vegetation, building dams, fences, site offices and worker accommodation
(5) Development for a supply network or for private electricity works that form an extension of, or provide service connections to, properties from the network, if the network operates at standard voltages up to and including 66kV, other than development for—(a) a new zone substation or bulk supply substation; or(b) the augmentation of a zone substation or bulk supply substation that significantly increases the input or output standard voltage.
(6) Development for a battery storage facility if—(a) the facility is for a pad mounted battery storage device only and the total area of the premises covered by the facility is no more than 15m 2; or(b) the facility is for a pole mounted battery storage device only and the total volume of the device is no more than 2m 3.
(7) In this section—
"upgrading" , of infrastructure, means carrying out work that is reasonably required to ensure the efficient and safe operation of the infrastructure.Examples—• building a dedicated left-turning lane on a road to reduce the risk of collision between vehicles turning left and vehicles traveling straight ahead• replacing a roundabout with traffic signals to improve the flow of traffic• widening a road to create a verge so that vehicles can pull over safely
Development within the meaning of the South Bank Corporation Act 1989 , but only until the development completion date under that Act.
Development that is PDA-related development.
Development for a connection under the SEQ Water Act , chapter 4C or any work for the connection.
(1) Development for public housing that the chief executive (housing) considers is substantially inconsistent with a relevant local instrument, if—(a) the chief executive (housing) does all of the following things before the development starts—(i) gives the local government information, including plans or specifications, about the proposed development;(ii) publishes a notice about the proposed development in a newspaper circulating generally in the locality of the premises;(iii) gives notice of the proposed development to the owner of all adjoining premises;(iv) places a notice about the proposed development on the premises; and(b) the notices under paragraph (a) (ii) , (iii) and (iv) —(i) are in the form approved by the chief executive (housing); and(ii) state where information about the proposed development may be inspected and purchased; and(iii) state the period (the
"consultation period" ) within which a submission may be made, which must be at least 15 business days after the day paragraph (a) is complied with; and(iv) state that submissions about the proposed development may be made to the chief executive (housing) during the consultation period; and(c) the notice under paragraph (a) (iv) is displayed on the premises for all of the consultation period; and(d) information about the proposed development, including plans and specifications, is available for all of the consultation period—(i) for viewing or downloading, free of charge, from the housing department’s website; and(ii) for inspection, free of charge, and purchase at the housing department’s office, and any other place the chief executive (housing) approves, during business hours; and(e) the chief executive (housing) considers any properly made submissions when deciding whether or not to carry out the development.
(2) Development for public housing that the chief executive (housing) is satisfied is not substantially inconsistent with a relevant local instrument, if, before the development starts, the chief executive (housing) gives the local government information, including plans or specifications, about the proposed development.
(3) In this section—
"business day" does not include a day between 20 December of a year and 5 January of the next year.
"owner" , of adjoining premises, means—(a) if the adjoining premises are subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 —the primary thoroughfare body corporate; or(b) if the adjoining premises are subject to the Mixed Use Development Act 1993 —the community body corporate; or(c) subject to paragraphs (a) and (b), if the adjoining premises are subject to the Building Units and Group Titles Act 1980 —the body corporate; or(d) if the adjoining premises are, under the Body Corporate and Community Management Act 1997 , scheme land for a community titles scheme—(i) the body corporate for the scheme; or(ii) if the adjoining premises are scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or(e) if there is a time share scheme, as defined under the Local Government Act , for a structure on the adjoining premises—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or(f) if the adjoining premises are land being bought from the State for an estate in fee simple under the Land Act —the buyer; or(g) if the adjoining premises are land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act —the trustees of the land; or(h) if paragraphs (a) to (g) do not apply—the person who is entitled to receive rent for the premises or who would be entitled to receive rent for the premises if the premises were rented to a tenant.
"relevant local instrument" means a local instrument applying to the premises that the development is to be carried out on.
Note—See also the Housing Act 2003 , sections 94G and 94H .
Development for a detention centre under the Youth Justice Act 1992 on lot 395 on SP118987, if the development—
(a) results in an increase in capacity of the centre to accommodate not more than 16 detainees; and
(b) results in any building or structure being at least the same distance from the road frontage of the lot as the nearest existing building or structure; and
(c) does not reduce the number of existing car parks at the centre; and
(d) complies with assessment benchmarks stated in the State Planning Policy relevant to the development, to the extent the matters relate to—(i) liveable communities; and(ii) mining and extractive resources; and(iii) natural hazards, risk and resilience; and(iv) strategic airports and aviation facilities; and(v) water quality.
(1) Development for a detention centre under the Youth Justice Act 1992 in the area (the
"development area" ) shown on the detention centre map, if the development—(a) results in a detention centre with capacity to accommodate not more than 32 detainees; and(b) results in any new building or covered outdoor area being at least 6m from each boundary of the development area; and(c) results in any new building or covered outdoor area having a height of not more than the higher of the following—(i) the tallest building located on lot 395 on SP118987;(ii) 15m; and(d) complies with AS 2560.1:2018 Sports lighting Part 1: General principles for any outdoor lighting ; and(e) results in any car park being located within—(i) the development area; or(ii) lot 395 on SP118987; and(f) complies with assessment benchmarks stated in the State Planning Policy relevant to the development, to the extent the matters relate to—(i) liveable communities; and(ii) mining and extractive resources; and(iii) natural hazards, risk and resilience; and(iv) strategic airports and aviation facilities; and(v) water quality.
(2) In this section—
"detention centre map" means the map called ‘development area map’ dated 3 June 2019 and published on the website of the department within which the Youth Justice Act 1992 is administered.
(1) Development that is building work or operational work if—(a) the development is carried out on nominated premises; and(b) the development is for accommodating employees of a rural use for the rural workers’ initiative; and(c) for building work—the building work—(i) complies with the relevant provisions for the building work; and(ii) is stated in a nomination notice for the premises; and(iii) does not involve the construction of a new building for sleeping accommodation.
(2) A material change of use of premises if—(a) the premises are nominated premises; and(b) the use is accommodating employees of a rural use for the rural workers’ initiative; and(c) for a material change of use that involves building work—the building work is stated in a nomination notice for the premises and is complete.
(3) In this section—
"initiative document" means the document called ‘Queensland Rural Workers’ Accommodation Initiative’, dated 3 August 2023 and published on the department’s website.
"nominated premises" means premises identified in schedule 1 of the initiative document.
"nomination notice" , for premises, means a notice given by the Minister to the local government for the local government area in which the premises are located, the owner of the premises and any occupier of the premises stating—(a) the premises are nominated premises; and(b) any building work required to be carried out before the premises can be used for accommodating employees of a rural use for the rural workers’ initiative.
"relevant provisions" , for building work, see the Building Act , section 21 (5) .
"rural workers’ initiative" means the initiative in effect until 9 December 2025 described in Part A of the initiative document.
Note—See also section 16 (3) .
(1) Development, other than reconfiguring a lot, for a relocatable classroom, and any connecting infrastructure for the classroom, on premises, if—(a) a State school is located on the premises; and(b) the development—(i) does not result in more than 4 relocatable classrooms being established on the premises within the period of 2 years starting on the commencement; andNote—See also section 16 (4) .(ii) is not located within 25m of a State transport corridor; and(iii) does not reduce the number of existing car parking spaces, or the area of a passenger pick up or set down zone for cars or buses, on the premises; and(iv) does not result in changes to an existing vehicular access to a State-controlled road; and(c) for development that is building work—the building work complies with the relevant provisions for the building work; and(d) for development that involves the construction of a building—(i) the building height of the building is not more than 2 storeys or 9.5m; and(ii) the building is located the greater of the following distances from a common boundary with adjoining premises used for a residential purpose—(A) 3m;(B) a distance that is equivalent to half of the building height of the building; and(e) no part of the development is in any of the following areas under a State planning instrument or local instrument—(i) a flood hazard area;(ii) a bushfire hazard area;(iii) a landslide hazard area; and(f) any noise-generating plant or equipment for the relocatable classroom that is external to the classroom is located within an acoustic enclosure to minimise noise generated by the plant or equipment; andExample of plant or equipment—air conditioning units(g) the chief executive (education), or a person engaged by the chief executive (education) to carry out works for the development, gives a notice, at least 10 business days before the development starts, about the development to—(i) the occupier of any adjoining premises; and(ii) the local government of the local government area in which the premises are located.
(2) In this section—
"building height" , of a building, means—(a) the vertical distance, measured in metres, between the ground level of the building and the highest point on the roof of the building, other than a point that is part of an aerial, chimney, flagpole or load-bearing antenna; or(b) the number of storeys in the building above ground level.
"chief executive (education)" means the chief executive of the department in which the Education (General Provisions) Act 2006 is administered.
"connecting infrastructure" , for a relocatable classroom, means infrastructure that is required to connect the classroom, or infrastructure necessary for the classroom, to existing infrastructure on the premises.Examples of connecting infrastructure—paths, lighting, sewers, drains
"relevant provisions" , for building work, see the Building Act , section 21 (5) .
"State school" means a school established under the Education (General Provisions) Act 2006 , section 13 .
Development for a temporary detention centre under the Youth Justice Act 1992 .