Division 9

Referral agency’s assessment

In force

Table 1AA—Assessable development under s 27J
Column 1	Column 2
1 Development application requiring referral	Development application for a material change of use of premises that is assessable development under section 27J
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	(a) The material change of use avoids adversely impacting the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan or, if the adverse impact can not be avoided, the adverse impact is minimised
	(b) The material change of use does not involve a residential use other than tourist accommodation or accommodation for employees
	(c) Any commercial, industrial or retail activity carried out as part of the use is ancillary to the use
	(d) The material change of use is consistent with the SEQ regional plan, including the outcomes and strategies, and subregional directions, stated in the plan
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—
8 Fee for referral	1,714 fee units

Table 1—Assessable development under ss 27L, 27M, 27N, 27Q or 27R
Column 1	Column 2
1 Development application requiring referral	Development application for a material change of use of premises that is assessable development under section 27L, 27M, 27N, 27Q or 27R
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	(a) When the use starts, the premises—
4 Matters referral agency’s assessment must be against	(i) will have direct access to transport infrastructure that is reasonably required for, and adequate to service, the use; and
	(ii) will be serviced by infrastructure (including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use
	(b) The provision of the infrastructure mentioned in paragraph (a)(i) and (ii) is practical and economically feasible having regard to the location and characteristics of the premises
	(c) The use is compatible with the physical characteristics of the premises
	(d) The use is compatible with the use of other premises in the surrounding area
	(e) The material change of use avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides
	(f) If the material change of use can not avoid an area mentioned in paragraph (e), the material change of use minimises the risk of serious harm mentioned in that paragraph
	(g) The material change of use is consistent with the SEQ regional plan, including the outcomes and strategies, subregional directions, and northern inter-urban break core values stated in the plan
	(h) The locational requirements or environmental impacts of the material change of use require it to be inside the SEQ northern inter-urban break
	(i) The locational requirements or environmental impacts of the material change of use require it to be outside the SEQ urban footprint
	Note— See also section 41A.
	(j) There is an overriding need, in the public interest, for the material change of use to be carried out
	Note— See also section 41B.
5 Matters referral agency’s assessment must have regard to	—
6 Matters referral agency’s assessment may be against	—
7 Matters referral agency’s assessment may have regard to	—
8 Fee for referral	1,714 fee units

sch 10 pt 16B div 9 ins 2023 SL No. 195 s 18

amd 2025 SL No. 149 s 27

Research tools for this sectionSubscription

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.