Queensland Consolidated Acts Queensland Consolidated Acts(1) In this Act--
building work--
1 Building work means--
(a) building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; or
(b) work regulated under the building assessment provisions under the Building Act 1975 other than IDAS; or
(c) excavating or filling--
(i) for, or incidental to, the activities mentioned in paragraph (a); or
(ii) that may adversely affect the stability of a building or other structure, whether on the land on which the building or other structure is situated or on adjoining land; or
(d) supporting (whether vertically or laterally) land for activities mentioned in paragraph (a).
2 Building work, for administering IDAS under the Queensland Heritage Act 1992 in relation to a Queensland heritage place, includes any of the following--
(a) altering, repairing, maintaining or moving a built, natural or landscape feature on the place;
(b) excavating, filling or other disturbances to land that damage, expose, or move archaeological artefacts, as defined under that Act, on the place;
(c) altering, repairing or removing artefacts on the place that contribute to its cultural heritage significance, including, for example, furniture and fittings;
(d) altering, repairing or removing building finishes that contribute to the place's cultural heritage significance, including, for example, paint, wallpaper and plaster.
3 Building work, for administering IDAS under the Queensland Heritage Act 1992, does not include development for which an exemption certificate has been issued under that Act.
4 Building work does not include undertaking--
(a) operations of any kind and all things constructed or installed that allow taking, or interfering with, water (other than using a water truck to pump water) under the Water Act 2000; or
(b) tidal works.
lot means--
(a) a lot under the Land Title Act 1994; or
(b) a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994; 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.
Editor's note--
The Building Units and Group Titles Act 1980 may continue to apply to the following Acts--
(a) the Integrated Resort Development Act 1987;
(b) the Mixed Use Development Act 1993;
(c) the Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980;
(d) the Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984;
(e) the Sanctuary Cove Resort Act 1985.
material change of use, of premises, means--
(a) generally--
(i) the start of a new use of the premises; or
(ii) the re-establishment on the premises of a use that has been abandoned; or
(iii) a material change in the intensity or scale of the use of the premises; or
(b) for administering IDAS under the Environmental Protection Act 1994 for environmentally relevant activities (other than for a mining activity, a chapter 5A activity or a mobile and temporary environmentally relevant activity)--
(i) the start of a new environmentally relevant activity on the premises; or
(ii) an increase in the threshold of an environmentally relevant activity on the premises; or
(iii) the re-establishment on the premises of an environmentally relevant activity that has been abandoned; or
(iv) a material change in the intensity or scale of an environmentally relevant activity on the premises; or
(c) the continuation of an environmentally relevant activity on the premises if--
(i) an approval for the activity ceases to have effect because of the operation of the Environmental Protection Act 1994, section 619(2)(e) or 624(2)(b); or
(ii) there is no development approval for the activity and it was, at any time before 4 October 2004, carried out without an environmental authority as required under the Environmental Protection Act 1994; or
Editor's note--
See also section 6.6.1 (Deferment of application of s 4.3.1 to particular material changes of use).
(e) the continuation of an activity on the premises, after the activity becomes an environmentally relevant activity, if--
(i) there is no development approval for the activity; and
(ii) the activity was, at any time before it became an environmentally relevant activity, lawfully carried out on the premises while there was no development approval for the activity.
operational work--
1 Operational work means--
(a) extracting gravel, rock, sand or soil from the place where it occurs naturally; or
(b) conducting a forest practice; or
(c) excavating or filling that materially affects premises or their use; or
(d) placing an advertising device on premises; or
(e) undertaking work in, on, over or under premises that materially affects premises or their use; or
(f) clearing vegetation, including vegetation to which VMA applies; or
(g) undertaking operations of any kind and all things constructed or installed that allow taking, or interfering with, water (other than using a water truck to pump water) under the Water Act 2000; or
(h) undertaking--
(i) tidal works; or
(ii) work in a coastal management district; or
(i) constructing or raising waterway barrier works; or
(j) performing work in a declared fish habitat area; or
(k) removing, destroying or damaging a marine plant; or
(l) undertaking roadworks on a local government road.
2 Operational work does not include--
(a) for items 1(a) to (f) and (j), any element of the work that is--
(i) building work other than building work for reconfiguring a lot; or
Example of building work for reconfiguring a lot--
building a retaining wall
(ii) drainage work; or
(iii) plumbing work; or
(b) clearing vegetation on--
(i) a forest reserve under the Nature Conservation Act 1992; or
(ii) a protected area under the Nature Conservation Act 1992, section 28; or
(iii) an area declared as a state forest or timber reserve under the Forestry Act 1959; or
(iv) a forest entitlement area under the Land Act 1994.
reconfiguring a lot means--
(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; or
(d) dividing land into parts by agreement (other than a lease for a term, including renewal options, not exceeding 10 years, or 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) rendering different parts of a lot immediately available for separate disposition or separate occupation; or
(e) creating an easement giving access to a lot from a constructed road.
(2) For the definition of building work in subsection (1), paragraph (b), work 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.
Example--
a management procedure under the fire safety standard under the Building Act 1975 relating to a budget accommodation building