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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

  • 4 Regions—Act, sch 2

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Division 3 - Superseded planning schemes

  • 11 Making superseded planning scheme request—Act, s 29
  • 12 Deciding superseded planning scheme request—Act, s 29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 (Repealed)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

PART 10 - TRANSITIONAL PROVISION FOR NATURE CONSERVATION AND OTHER LEGISLATION (KOALA PROTECTION) AMENDMENT REGULATION 2020

  • 73 Existing development applications

PART 11 - TRANSITIONAL PROVISION FOR PLANNING AMENDMENT REGULATION (NO. 1) 2021

  • 74 Continuation of existing economic support instruments

PART 12 - TRANSITIONAL PROVISION FOR PLANNING (ECONOMIC SUPPORT INSTRUMENTS) AMENDMENT REGULATION 2022

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