Queensland Numbered Acts

PLANNING ACT 2016 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"accepted development" see section 44(4).

"Acquisition Act" means the Acquisition of Land Act 1967 .

"acquisition land" means land, or an interest in land—

(a) proposed to be taken or acquired under the Acquisition Act or the State Development Act; and

(b) for which a notice of intention to resume under the Acquisition Act has been served, and the proposed taking or acquisition has not been discontinued; and

(c) that has not been taken or acquired.

(a) each owner of premises to which the designation applies or will apply; and

(b) if the designator is the Minister—each local government with a local government area that the Minister considers is, or will be, affected by the designation.

Note—

For the meanings of
"applicant" used in particular contexts, see section 279.

(a) for a form for use in the P&E Court—is an approved form under the P&E Court Act; or

(b) otherwise—the chief executive approves under section 281.

(a) has the meaning given in section 48; and

(b) includes a prescribed assessment manager and a chosen assessment manager.

(a) a fixed structure that is wholly or partly enclosed by walls and is roofed; or

(b) a floating building; or

(c) any part of a building.

(a) an individual who, under the Building Act, is licensed as a building certifier; and

(b) a private certifier.

(a) means—

(i) building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; or

Example—

building a retaining wall

(ii) works regulated under the building assessment provisions; or

(iii) excavating or filling for, or incidental to, the activities stated in subparagraph (i); or

(iv) excavating or filling that may adversely affect the stability of a building or other structure, whether on the premises on which the building or other structure is situated or on adjacent premises; or

(v) supporting (vertically or laterally) premises for activities stated in subparagraph (i); and

(b) for a Queensland heritage place, includes—

(i) altering, repairing, maintaining or moving a built, natural or landscape feature on the place; and

(ii) excavating, filling or other disturbances to premises that damage, expose or move archaeological artefacts, as defined under the Heritage Act, on the place; and

(iii) altering, repairing or removing artefacts that contribute to the place’s cultural heritage significance (furniture or fittings, for example); and

(iv) altering, repairing or removing building finishes that contribute to the place’s cultural heritage significance (paint, wallpaper or plaster, for example); and

(c) does not include undertaking—

(i) operations of any type and all things constructed or installed that allow taking or interfering with water under the Water Act 2000 ; or

(ii) tidal works; or

(iii) works for reconfiguring a lot; and

(d) for paragraph (a)(ii)—includes a management procedure or other activity relating to a building or structure even though the activity does not involve a structural change to the building or structure.

(a) for a document required to be kept by the Minister—the chief executive of any department for which the Minister has responsibility; or

(b) for a document required to be kept by the chief executive—an appropriately qualified public service officer; or

(c) for a document required to be kept by a local government—the local government’s chief executive officer; or

(d) for a document required to be kept by an individual—the individual; or

(e) for a document required to be kept by a department—the department’s chief executive; or

(f) for a document required to be kept by a body corporate—the body corporate’s chief executive officer.

(a) the local government; and

(b) a distributor-retailer of the local government.

(a) a class 1 building; or

(b) a class 10 building, other than a building that is incidental or subordinate to the use, or proposed use, of a building classified under the Building Code as a class 2, 3, 4, 5, 6, 7, 8 or 9 building.

(a) the decision; and

(b) the reasons for the decision if the decision is—

(i) to refuse an application or request wholly or partly; or

(ii) a decision of a tribunal; or

(iii) a decision of the chief executive under section 243(1) or (3); and

(c) the day on which the decision was made; and

(d) any appeal rights that the recipient of the notice has in relation to the decision.

(a) for a development application, other than an application to which section 64 applies—the period, under the development assessment rules, for making a decision;

(b) for a matter as follows—the period allowed under this Act for the matter to be decided—

(i) a change application;

(ii) an extension application;

(iii) a conversion application;

(iv) a compensation claim under section 31(6);

(v) a claim for compensation under section 264.

(a) carrying out—

(i) building work; or

(ii) plumbing or drainage work; or

(iii) operational work; or

(b) reconfiguring a lot; or

(c) making a material change of use of premises.

(a) the assessment manager imposes under section 60; or

(b) directed to be imposed under section 56 or 95(1)(d); or

(c) taken to have been imposed under section 64.

Note—

Also see the Environmental Offsets Act 2014 , section 16 which provides for deemed conditions on development approvals.

(a) land or works, or both land and works, for—

(i) water cycle management infrastructure, including infrastructure for water supply, sewerage, collecting water, treating water, stream managing, disposing of waters and flood mitigation, but not water cycle management infrastructure that is State infrastructure; or

(ii) transport infrastructure, including roads, vehicle lay-bys, traffic control devices, dedicated public transport corridors, public parking facilities predominantly serving a local area, cycleways, pathways and ferry terminals; or

(iii) public parks infrastructure, including playground equipment, playing fields, courts and picnic facilities; or

(b) land, and works that ensure the land is suitable for development, for local community facilities, like—

(i) community halls or centres; or

(ii) public recreation centres; or

(iii) public libraries.

(a) has told the assessment manager in the advice agency’s referral agency’s response to treat the response as a properly made submission; and

(b) has not given the assessment manager a notice stating the agency will not be appealing before the appeal period ends for the application.

(a) whose submission was not withdrawn before the application was decided; and

(b) who has not given the assessment manager a notice stating the submitter will not be appealing before the appeal period ends for the application.

(a) for assessable development that is the subject of a development approval—

(i) the assessment manager, including a chosen assessment manager; or

(ii) a referral agency for matters within the agency’s functions for the development application; or

(iii) if the chief executive is the assessment manager or a referral agency—a person that the chief executive nominates by written notice to the person; or

(iv) if a private certifier (class A) performed private certifying functions for the development application, under the Building Act—the certifier or the local government; or

(b) for assessable development that is not the subject of a development approval—the person who would have been the enforcement authority under paragraph (a) had a development approval been given; or

(c) for building or plumbing work carried out by or for a public sector entity—the chief executive, however described, of the entity; or

(d) for any other matter—the local government.

(a) for an enforcement order made by the Magistrates Court—see section 175(1); or

(b) for an enforcement order made by the P&E Court—see section 179(2).

(a) for existing infrastructure—

(i) the current replacement cost of the infrastructure as reflected in the relevant local government’s asset register; and

(ii) the current value of the land acquired for the infrastructure; or

(b) for future infrastructure—all costs of land acquisition, financing, and design and construction, for the infrastructure.

(a) generally—

(i) premises that are a servient tenement for an easement, if the development is consistent with the easement’s terms; or

(ii) premises that are acquisition land, if the application or development approval relates to the purpose for which the land is to be taken or acquired; or

(b) for a change application or extension application—premises in relation to which 1 or more of the following apply for the application—

(i) the development approval to which the approval relates is for building work for supplying infrastructure on designated premises; or

(ii) the responsible entity or assessment manager considers the application does not materially affect the premises and that, given the nature of the change, the owner of the premises has unreasonably withheld consent; or

(iii) the responsible entity or assessment manager considers the application does not materially affect the premises and that because of the number of owners, it is impracticable to get their consent.

Example of when owners’ consent may be impracticable—

Since the development approval was given, the premises have been subdivided and now has many owners.

(a) if an infrastructure charges notice is replaced by a replacement infrastructure charges notice under section 76(6)—the replacement infrastructure charges notice; or

(b) if an infrastructure charges notice is replaced by a negotiated notice under section 124(3)—the negotiated notice; or

(c) if an infrastructure charges notice is amended under section 118(6), 136(4) or 141(4)(b)—the notice as amended; or

(d) otherwise—an infrastructure charges notice given under section 118(2) or (5) or 141(4)(a).

(a) an estate in, on, over or under land; and

(b) the airspace above the land and any estate in the airspace; and

(c) the subsoil of land and any estate in the subsoil.

(a) has been prepared under the Minister’s rules; and

(b) does any or all of the following—

(i) identifies a PIA;

(ii) states assumptions about population and employment growth;

(iii) states assumptions about the type, scale, location and timing of future development;

(iv) includes plans for trunk infrastructure;

(v) states the desired standard of service for development infrastructure.

(a) a lot under the Land Title Act ; or

(b) a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act ; or

(c) common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or

(d) a lot or common property to which the Building Units and Group Titles Act 1980 continues to apply; or

(e) a community or precinct thoroughfare under the Mixed Use Development Act 1993 ; or

(f) a primary or secondary thoroughfare under the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 .

Note—

The Building Units and Group Titles Act 1980 may continue to apply to the Acts stated in paragraphs (e) and (f), the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980 and the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984 .

(a) the start of a new use of the premises;

(b) the re-establishment on the premises of a use that has been abandoned;

(c) a material increase in the intensity or scale of the use of the premises.

(a) for a development application—

(i) does not result in substantially different development; and

(ii) if the application, including the change, were made when the change is made—would not cause—

(A) the inclusion of prohibited development in the application; or

(B) referral to a referral agency if there were no referral agencies for the development application; or

(C) referral to extra referral agencies; or

(D) a referral agency to assess the application against, or have regard to, matters prescribed by regulation under section 55(2), other than matters the referral agency must have assessed the application against, or have had regard to, when the application was made; or

(E) public notification if public notification was not required for the development application; or

(b) for a development approval—

(i) would not result in substantially different development; and

(ii) if a development application for the development, including the change, were made when the change application is made would not cause—

(A) the inclusion of prohibited development in the application; or

(B) referral to a referral agency, other than to the chief executive, if there were no referral agencies for the development application; or

(C) referral to extra referral agencies, other than to the chief executive; or

(D) a referral agency to assess the application against, or have regard to, matters prescribed by regulation under section 55(2), other than matters the referral agency must have assessed the application against, or have had regard to, when the application was made; or

(E) public notification if public notification was not required for the development application.

(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b) a person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c) if no-one apparently occupies the place—an owner of the place.

(a) is entitled to receive rent for the land, premises or place; or

(b) would be entitled to receive rent for the land, premises or place if the land, premises or place were rented to a tenant.

Note—

See the Transport Infrastructure Act , section 247, for when the chief executive of the department in which that Act is administered is taken to be the owner of particular rail corridor land or non-rail corridor land under that Act.

(a) the applicant or appellant;

(b) the respondent;

(c) any co-respondent;

(d) if the Minister is represented—the Minister.

(a) of a vehicle, includes—

(i) the vehicle’s driver or rider; and

(ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or

(b) of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.

(a) serviced, or intended to be serviced, with development infrastructure networks; and

(b) used, or approved for use, for—

(i) residential purposes, other than rural residential purposes; or

(ii) industrial, retail or commercial purposes; or

(iii) community or government purposes related to a purpose stated in subparagraph (i) or (ii); and

(c) that will accommodate at least 10, but no more than 15, years of growth for any of those purposes.

(a) premises; and

(b) a place in Queensland waters; and

(c) a place held—

(i) by more than 1 owner; or

(ii) under more than 1 title.

(a) the commencement of a planning instrument or the amendment of a planning instrument; or

(b) the start of the application of a planning instrument to premises.

(a) the producer price index for construction 6427.0 (ABS PPI) index number 3101—Road and Bridge construction index for Queensland published by the Australian Bureau of Statistics; or

(b) if that index stops being published—another similar index prescribed by regulation.

(a) a building or other structure; or

(b) land, whether or not a building or other structure is on the land.

(a) if the submission is by 1 person—the person; or

(b) otherwise—

(i) the submitter that the submission identifies as the principal submitter; or

(ii) if the submission does not identify a submitter as the principal submitter—the submitter whose name first appears in the submission.

(a) is signed by each person (the
"submission-makers" ) who made the submission; and

(b) is received—

(i) for a submission about an instrument under section 18, a State planning instrument, or a designation—on or before the last day for making the submission; or

(ii) otherwise—during the period fixed under this Act for making the submission; and

(c) states the name and residential or business address of all submission-makers; and

(d) states its grounds, and the facts and circumstances relied on to support the grounds; and

(e) states 1 postal or electronic address for service relating to the submission for all submission-makers; and

(f) is made to—

(i) for a submission made under chapter 2—the person to whom the submission is required to be made under that chapter; or

(ii) for a submission about a development application—the assessment manager; or

(iii) for a submission about a change application—the responsible entity.

Examples—

• a development condition

• a currency period

• the identification or inclusion under a variation approval of a matter for the development

(a) for a public notice mentioned in chapter 2, part 2—

(i) in the gazette; and

(ii) if the notice is about a State planning instrument or amendment that has, is to have, or had effect in a part of the State only—in a newspaper circulating generally in the part of the State; and

(iii) if the notice is about a State planning instrument that has, is to have, or had effect throughout the State—in a newspaper circulating generally in the State; and

(iv) on the department’s website; or

(b) for a public notice mentioned in chapter 2, part 3 that is about a proposed local planning instrument or a proposed amendment of a local planning instrument—

(i) in a newspaper circulating in the local government area; and

(ii) on the local government’s website; or

(c) for a public notice mentioned in chapter 2, part 3 that is about a local planning instrument, or an amendment of a local planning instrument, that is not a proposed local planning instrument or amendment—

(i) in the gazette; and

(ii) in a newspaper circulating in the local government area; and

(iii) on the local government’s website.

(a) that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money (a beach, park or road, for example); or

(b) if the occupier of the place allows members of the public to enter the place, whether or not on payment of money (a sale yard or showground, for example).

(a) a department or part of a department; or

(b) other than in chapter 4—a distributor-retailer; or

(c) an agency, authority, commission, committee, corporation (including a government owned corporation), instrumentality, office, or other entity, established under an Act for a public or State purpose.

Examples for paragraph (c)—

a local government, a government owned corporation or a rail government entity under the Transport Infrastructure Act

(a) creating lots by subdividing another lot; or

(b) amalgamating 2 or more lots; or

(c) rearranging the boundaries of a lot by registering a plan of subdivision under the Land Act or Land Title Act ; or

(d) dividing land into parts by agreement rendering different parts of a lot immediately available for separate disposition or separate occupation, other than by an agreement that is—

(i) a lease for a term, including renewal options, not exceeding 10 years; or

(ii) an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or

(e) creating an easement giving access to a lot from a constructed road.

(a) the local government areas, or parts of local government areas, prescribed by regulation as a region; and

(b) Queensland waters next to the local government areas or parts of local government areas.

(a) the registrar of titles under the Land Title Act ; or

(b) another person who is responsible for keeping, under another Act, a register of interests in land.

(a) if the person is a local government—the fee, if any, the local government has fixed by resolution; or

(b) if the person is a public sector entity or the Minister—the fee, if any, prescribed by regulation; or

(c) if the person is a chosen assessment manager—the fee negotiated between the applicant and the person.

(a) taken to be imposed on a deemed approval under section 64(8)(c) if the assessment manager does not give a decision notice in relation to the approval; and

(b) stated in the development assessment rules.

(a) State schools infrastructure; or

(b) public transport infrastructure; or

(c) State-controlled roads infrastructure; or

(d) emergency services infrastructure; or

(e) health infrastructure, including hospitals and associated institutions infrastructure; or

(f) freight rail infrastructure; or

(g) State urban and rural residential water cycle management infrastructure, including infrastructure for water supply, sewerage, collecting water, treating water, stream managing, disposing of water and flood mitigation; or

(h) justice administration facilities, including court or police facilities.

(a) the chief executive; or

(b) a public sector entity, other than a local government, that provides State infrastructure.

(a) affects an economic or environmental interest of the State or a part of the State; or

(b) affects the interest of ensuring this Act’s purpose is achieved.

(a) for a development application or change application—a person who makes a properly made submission about the application; or

(b) for a particular submission—the person who made the submission.

(a) development infrastructure identified in a LGIP as trunk infrastructure; or

(b) development infrastructure that, because of a conversion application, becomes trunk infrastructure; or

(c) development infrastructure that is required to be provided under a condition under section 127(3).