Queensland Consolidated Acts

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INTEGRATED PLANNING ACT 1997 - SECT 2.1.23

2.1.23 Local planning instruments have force of law

(1) A local planning instrument is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law.

(2) A local planning instrument may not prohibit development on, or the use of, premises.

(3) Subject to part 5B, a planning scheme or a temporary local planning instrument can regulate a use of premises, but only--

(a) by applying to the use a code identified in the planning scheme or temporary local planning instrument; and
(b) if--
(i) the use is a natural and ordinary consequence of making a material change of use of the premises happening after the code took effect; and
(ii) the making of the material change of use is assessable or self-assessable development.

(4) A planning scheme policy may only do 1 or more of the following--

(a) state information a local government may request for a development application;
(b) state the consultation the local government may carry out under section 3.2.7;
(c) state actions a local government may take to support the process for making or amending its planning scheme;
(d) contain standards identified in a code;
(e) include guidelines or advice about satisfying assessment criteria in the planning scheme.

(5) Subsections (2) to (4) apply despite subsection (1).



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