The exclusion of exempt clearing work from the categories of prohibited and assessable development in the Planning Regulation 2017 (Qld) does not amount to a categorisation of that work as accepted development. Local planning schemes may categorise exempt clearing work as assessable development requiring approval, and this does not create an inconsistency with the Regulation for the purposes of s 43(4) of the Planning Act 2016 (Qld). The default provision in s 44(6)(a) applies only until a local categorising instrument categorises the development. The dissent (Crow J) would have held that the Regulation's exclusion of exempt clearing work from assessable development effectively categorised it as not capable of being assessable, precluding local regulation.
The full text is available to signed-in members, including the 1 later case that cites this judgment.