Planning Regulation 2017

This regulation may be cited as the Planning Regulation 2017.

This regulation commences on 3 July 2017.

The dictionary in schedule 24 defines particular words used in this regulation.

The local government areas, or parts of the local government areas, of each group of local governments stated in schedule 1, column 2 are prescribed as a region for schedule 2 of the Act, definition region.

Each region has the name stated in schedule 1, column 1.

This subdivision prescribes, for section 16(2) of the Act, the regulated requirements for the contents of a local planning instrument.

This subdivision does not apply to—

a local planning instrument made under the repealed IPA; or

a TLPI made for all or part of a local government area, if a planning scheme made under the repealed IPA applies to the area.

Note—

See also subdivision 1A for the application of particular regulated requirements to particular local planning instruments in force immediately before the commencement of that subdivision.

A local planning instrument must not include land in a zone other than a zone stated in schedule 2, column 1.

If a local planning instrument includes land in a zone stated in schedule 2, column 1—

the instrument must include the purpose statement stated opposite the zone in column 2; and

the land must be shown on zoning maps in the local planning instrument using the RGB colour stated opposite the zone in column 3.

However, a local planning instrument may change a purpose statement for a zone if the Minister considers the change is necessary or desirable having regard to the circumstances in the local government area to which the instrument will apply.

If a local planning instrument changes a purpose statement for a zone, the instrument must state—

that the purpose statement has been changed; and

the day the changed purpose statement took effect.

In this section—

RGB colour means the colour created when the colours red, green and blue are combined in accordance with an integer value for each colour, expressed as a number from 0 to 255.

For regulating uses in a local government area, a local planning instrument may adopt only the use terms stated in schedule 3, column 1.

If a local planning instrument adopts a use term stated in schedule 3, column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.

If a local planning instrument includes an administrative term stated in schedule 4, column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.

A local planning instrument may include an administrative term, other than a term in schedule 4, column 1, only if the term is consistent with and does not change the effect of—

the administrative terms in schedule 4, column 1; and

the definitions of those terms stated in schedule 4, column 2.

This subdivision applies in relation to a local planning instrument, in force immediately before the commencement, made under the old Act.

However, this subdivision does not apply in relation to—

a local planning instrument made under the repealed IPA; or

a TLPI made for all or part of a local government area if a planning scheme made under the repealed IPA applies to the area.

This section applies if the local planning instrument includes land in a zone called a high technology industry zone.

For section 6, the land is taken to be included in the research and technology industry zone stated in schedule 2.

This section applies if the local planning instrument—

adopts any of the following use terms stated in schedule 3, column 1—

high impact industry:

low impact industry;

medium impact industry;

special industry; and

does not include the definition of the term stated opposite the term in schedule 3, column 2.

Despite section 7(2), it is not a regulated requirement for the local planning instrument that it include the definition of the term stated opposite the term in schedule 3, column 2.

If the local planning instrument includes another definition of the term, the term has the meaning given in that definition.

For section 17(7) of the Act, the Minister’s guidelines and rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website.