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
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Division 3 - Superseded planning schemes
- 11 Making superseded planning scheme request—Act, s 29
- 12 Deciding superseded planning scheme request—Act, s 29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 (Repealed)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
- 73 Existing development applications
- 74 Continuation of existing economic support instruments
- 75 Further continuation of existing economic support instruments