Planning Regulation 2017

is the clearing of native vegetation—

for essential management; or

for routine management; or

on freehold land, or land leased under the Land Act, if the clearing is necessary for prescribed building work; and

would be assessable development under schedule 10, part 3, division 2, section 5 if it were carried out on the lot immediately before the material change of use or reconfiguration happened, but because of the material change of use or reconfiguration is exempt clearing work.

build to rent housing; or

caretaker’s accommodation; or

a community residence; or

a dual occupancy; or

a dwelling house; or

a dwelling unit; or

a home-based business; or

a multiple dwelling; or

nature-based tourism; or

a relocatable home park; or

a residential care facility; or

a resort complex; or

a retirement facility; or

rooming accommodation; or

rural workers’ accommodation; or

short-term accommodation; or

a tourist park; or

workforce accommodation.

sexually explicit materials; or

products and devices that are associated with, or used in, a sexual practice or activity.

means a permanent sign, structure or other device used, or intended to be used, for advertising; and

includes a structure, or part of a building, the primary purpose of which is to support the sign, structure or device.

the arrival or departure of aircraft; or

housing, servicing, refuelling, maintaining or repairing aircraft; or

the assembly and dispersal of passengers or goods on or from an aircraft; or

training and education facilities relating to aviation; or

aviation facilities; or

an activity that—

is ancillary to an activity or facility stated in paragraphs (a) to (e); and

directly services the needs of aircraft passengers.

producing animals or animal products on native or improved pastures or vegetation; or

a yard, stable, temporary holding facility or machinery repairs and servicing, if the use is ancillary to the use in paragraph (a).

boarding, breeding or training animals; or

a holding facility or machinery repairs and servicing, if the use is ancillary to the use in paragraph (a).

for the Brisbane City Council—its annual budget under the City of Brisbane Regulation 2012, chapter 5, part 2, division 3; or

for another local government—its annual budget under the Local Government Regulation 2012, chapter 5, part 2, division 3.

for the Brisbane City Council—its annual report under the City of Brisbane Regulation 2012, chapter 5, part 3, division 3; or

for another local government—its annual report under the Local Government Regulation 2012, chapter 5, part 3, division 3.

if the application was made to a chosen assessment manager—the name and contact details of the chosen assessment manager;

the name and address of the applicant;

the day the application was made;

a property description that identifies the premises or the location of the premises;

if the application was a development application—the type of development applied for;

if the application was a change application—a description of the change applied for;

the names of any referral agencies;

whether the application required code assessment or impact assessment, or both code assessment and impact assessment;

whether public notification of the application was required;

whether the application lapsed or was withdrawn or decided;

if the application was decided—

the day it was decided; and

whether the application was approved, approved subject to conditions or refused; and

whether the application was taken to have been approved under section 64 of the Act; and

for an application approved subject to conditions—whether any of the conditions included the conditions of a referral agency, and if so, the name of the referral agency; and

whether a negotiated decision notice was also given for the application and if so, the day it was given; and

if the application was a development application that was approved—whether a later change application or extension application for the approval has been approved and, if so, the day the application was approved; and

if there was an appeal about the decision—whether the decision was changed because of the outcome of the appeal;

if an approval for the application has been cancelled—the day the cancellation took effect.

means the use of premises for an activity that is associated with 1 or more of the following uses carried out on the same premises or other premises in the surrounding area—

animal husbandry;

animal keeping;

aquaculture;

cropping;

an extractive industry;

an intensive animal industry;

intensive horticulture;

a permanent plantation;

a rural industry;

a winery; but

does not include—

a biotechnology industry; or

a community activity; or

indoor recreation; or

residential development; or

a sport and recreation activity; or

a tourist activity.

selling liquor for consumption on the premises; or

an entertainment activity, or preparing and selling food and drink for consumption on the premises, if the use is ancillary to the use in paragraph (a).

between a floor level in a building and the floor level that is immediately below it; and

no part of which is more than 1m above ground level.

means plant that—

converts electricity into stored energy; and

releases stored energy as electricity; and

includes any equipment necessary for the operation of the plant.

a residential use of premises involving 50 or more dwellings, whether attached or detached, if the dwellings—

are used for residential tenancies under a residential tenancy agreement under the Residential Tenancies and Rooming Accommodation Act 2008 to which that Act applies; and

are not held under individual titles; and

are managed by an on-site manager; and

are not for public housing; or

the use of premises for a manager’s residence or an office that is ancillary to the use in paragraph (a).

land on which busway transport infrastructure is situated; or

land on which busway transport infrastructure works are carried out; or

land on which services for the maintenance or operation of busway transport infrastructure are situated.

an association established for social, literary, political, sporting, athletic or other similar purposes; or

preparing and selling food and drink, if the use is ancillary to the use in paragraph (a).

on the coast; and

built up by wind.

all the material about the application that the assessment manager receives before the application is decided, including—

any material relating to a proposed development application that is substantially similar to the development application as made; and

any material attached to, or given with, the development application, including a social impact assessment report or community benefit agreement for the application; and

any material relating to the application given to the assessment manager after the application is made; and

any referral agency’s response, including any advice or comment given by a referral agency and any response given under section 57 of the Act; and

any properly made submissions about the application, other than a submission that is withdrawn; and

any other submission about the application that the assessment manager has accepted; and

any other advice or comment about the application that a person gives to the assessment manager; and

if a development approval for the development is in effect—the approval; and

a community benefit agreement or infrastructure agreement applying to the premises.

a childcare centre; or

a community care centre; or

a community residence; or

a community use; or

a detention facility; or

an educational establishment; or

a place of worship; or

a residential care facility; or

tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (i); or

a commercial use that is ancillary to a use stated in paragraphs (a) to (i).

means the use of premises for—

providing social support to members of the public; or

providing medical care to members of the public, if the use is ancillary to the use in subparagraph (i); but

does not include the use of premises for providing accommodation to members of the public.

means the use of premises for residential accommodation for—

no more than—

6 children, if the accommodation is provided as part of a program or service under the Youth Justice Act 1992; or

6 persons who require assistance or support with daily living needs; and

no more than 1 support worker; and

includes a building or structure that is reasonably associated with the use in paragraph (a).

providing artistic, social or cultural facilities or community services to the public; or

preparing and selling food and drink, if the use is ancillary to the use in paragraph (a).

a detention centre under the Youth Justice Act 1992; or

a corrective services facility under the Corrective Services Act 2006.

for schedule 12—see schedule 12, section 1(1)(b); or

for schedule 12A—see schedule 12A, section 1(1)(a).

growing and harvesting plants, or plant material, that are cultivated in soil, for commercial purposes; or

harvesting, storing or packing plants or plant material grown on the premises, if the use is ancillary to the use in paragraph (a); or

repairing and servicing machinery used on the premises, if the use is ancillary to the use in paragraph (a).

generally, has the meaning given by the Water Act, schedule 4; and

for schedule 8, schedule 10, part 19, division 3 and this schedule, definition accepted failure impact assessment—

has the meaning given by the Water Supply Act, schedule 3; and

includes a proposed dam.

prohibited matter or restricted matter that is prescribed or declared as invasive biosecurity matter under the Biosecurity Act 2014;

controlled biosecurity matter;

regulated biosecurity matter.

the bank that confines the seasonal flows of the watercourse before the point of flooding; or

the seasonal high water line.

the day the designation was made;

the real property description of the designated premises;

the type of infrastructure, and details of the development, for which the premises has been identified;

any requirements for the infrastructure that are included in the designation;

if the designation has been amended—the day the amendment was made.

a shed, garage or carport; and

ancillary to a residential use carried out on the premises where the building is.

means a residential use of premises involving—

2 dwellings (whether attached or detached) on a single lot or 2 dwellings (whether attached or detached) on separate lots that share a common property; and

any domestic outbuilding associated with the dwellings; but

does not include a residential use of premises that involves a secondary dwelling.

is used, or capable of being used, as a self-contained residence; and

contains—

food preparation facilities; and

a bath or shower; and

a toilet; and

a wash basin; and

facilities for washing clothes.

1 dwelling and any domestic outbuildings associated with the dwelling; or

2 dwellings, 1 of which is a secondary dwelling, and any domestic outbuildings associated with either dwelling.

training and instruction to impart knowledge and develop skills; or

student accommodation, before or after school care, or vacation care, if the use is ancillary to the use in paragraph (a).

essential emergency services; or

disaster management services; or

management support facilities for the services.

means the use of premises for a facility for the appreciation, conservation or interpretation of an area of cultural, environmental or heritage value; but

does not include the use of premises to provide accommodation for tourists and travellers.

for establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, if the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; or

for establishing a necessary fire management line, if the maximum width of the clearing for the fire management line is 10m; or

necessary to remove or reduce the imminent risk that the vegetation poses of serious personal injury or damage to infrastructure; or

by fire under the Fire Services Act 1990 to reduce hazardous fuel load; or

necessary to maintain infrastructure (including core airport infrastructure, buildings, fences, helipads, roads, stockyards, vehicular tracks, watering facilities and constructed drains, other than contour banks), unless the clearing is for sourcing construction material; or

for maintaining a garden or orchard, other than clearing predominant canopy trees to maintain underplantings established within remnant vegetation; or

on land leased under the Land Act for agriculture or grazing purposes, to source construction timber to repair infrastructure on the land, if—

the infrastructure is in need of immediate repair; and

the clearing does not cause land degradation; and

restoration of a similar type to, and to the extent of, the removed trees is ensured; or

on freehold land by the owner of the land to source construction timber to maintain infrastructure on any land of the owner, if—

the clearing does not cause land degradation; and

restoration of a similar type to, and to the extent of, the removed trees is ensured.

on premises in an SEQ rural enterprise precinct, if the development is consistent with the plan approved by the Minister by gazette notice for the precinct; or

carried out under a development permit, or that is consistent with a variation approval in effect for the premises on which the development is carried out, if the application for the permit or approval—

was properly made under the repealed IPA before 28 July 2009; or

was assessed by a referral agency under the repealed SEQ SPRP, division 2; or

was assessed by a referral agency under schedule 10, part 15, division 1 or division 2, subdivision 3; or

that is consistent with a rezoning approval, as defined under the repealed SEQ SPRP, that relates to the premises on which the development is carried out, if the development entitlements under the rezoning approval are reflected in—

a planning scheme; or

a development permit; or

a notice stated in the repealed SEQ SPRP, section 1.5(2)(e)(ii); or

stated in schedule 6; or

for a coordinated project; or

in a State development area; or

on premises wholly or partly in the SEQ regional landscape and rural production area or the SEQ rural living area, if—

the premises are included in an urban zone under a local categorising instrument; or

all of the following apply—

the premises were in a biodiversity development offset area declared by gazette notice under the repealed koala State planning policy;

the development is carried out under a development permit;

the application for the development permit was properly made before 22 February 2019.

does not involve a new or changed access between the premises and any of the following—

a State transport corridor;

a road that intersects with a State-controlled road;

a road that intersects with a railway crossing; and

is for—

1 or more of the following uses—

a dwelling house;

a secondary dwelling;

a domestic outbuilding associated with a dwelling house on the premises;

a dwelling unit;

a dual occupancy;

caretaker’s accommodation;

a community residence; or

a use other than a service station, fast food outlet, telecommunication facility or use stated in subparagraph (i), and all of the following apply—

the premises have a gross floor area of no more than 100m² and the material change of use does not increase the gross floor area;

the material change of use does not involve building work, other than building work that is wholly inside a building;

if the material change of use involves building or extending a hardstanding area—the hardstanding area or extension is not more than 25m².

on prescribed land, if the clearing is—

clearing, or for another activity or matter, stated in schedule 21, part 1; or

clearing stated in schedule 21, part 2 for the land; or

that, under the Vegetation Management Act, section 74, is not affected by that Act.

development in a State development area; or

development for a coordinated project; or

development in the area of a development control plan that the old Act, section 857 applies to; or

development for infrastructure stated in schedule 5, if the development is carried out by or for the State or a public sector entity; or

PDA-related development; or

development in a forest reserve under the Nature Conservation Act 1992; or

development in any of the following protected areas under the Nature Conservation Act 1992—

a national park (scientific);

a national park;

a national park (Aboriginal land);

a national park (Torres Strait Islander land);

a national park (Cape York Peninsula Aboriginal land);

a conservation park;

a resources reserve;

a special wildlife reserve; or

development in a State forest or timber reserve under the Forestry Act 1959; or

development in a forest entitlement area under the Land Act 1994; or

development for public housing; or

development, other than development mentioned in any of paragraphs (a) to (j), that results in a total area on the premises of 500m² or less of 1 or more koala habitat areas being cleared of native vegetation since 7 February 2020, disregarding an area cleared of native vegetation if any of paragraphs (l) to (p) applies to the clearing; or

development that is or involves operational work that is the clearing of native vegetation and is accepted development under schedule 7, part 3, section 12 other than clearing for—

the construction or maintenance of a fence, road, track, irrigation channel, contour bank or other linear infrastructure, other than a powerline or drainage and erosion control structure, if the cleared area is more than 5m wide; or

the construction or maintenance of an airstrip or helipad if the cleared area is more than 500m²; or

the construction or maintenance of non-linear infrastructure, other than an airstrip or helipad, in a category B area or category C area if the cleared area is more than 500m²; or

an extractive industry, other than clearing for a fence, road, track, irrigation channel, contour bank or other linear infrastructure, in a category C area if the cleared area is more than 500m²; or

the diversion of a section of a watercourse or drainage feature, within the meaning of the Water Act 2000, schedule 4, in a way that replicates the section, in a category C area if the cleared area is more than 500m²; or

development that is or involves operational work that is the clearing of native vegetation in a koala habitat area on prescribed land if the clearing is clearing, or for another activity or matter, stated in—

schedule 21, part 1, section 1(2), (3), (5), (6), (8), (9), (10) or (11); or

schedule 21, part 1 section 1(15), other than clearing necessary to prevent or minimise damage to the environment; or

schedule 21, part 1, section 1(16), (17), (18) or (19A); or

development that is or involves operational work that is the clearing of native vegetation in a koala habitat area if the clearing—

is on freehold land and is for a forest practice; or

is on indigenous land, other than land on which the State owns the trees, and is for a forest practice; or

is on indigenous land and is gathering, digging or removing forest products for use under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 62; or

is on land dedicated as a road under the Land Act 1994 and is stated in schedule 21, part 2, section 5(a)(i) or any of paragraphs (b) to (h) of that section; or

is on land that is trust land under the Land Act 1994, other than indigenous land, is carried out, or allowed to be carried out, by the trustee, is consistent with achieving the purpose of the trust and is—

to remove non-native vegetation; or

in accordance with a relevant biosecurity plan under the Biosecurity Act 2014; or

is on land that is unallocated State land, is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered and is to control declared pests or non-native vegetation; or

is necessary for essential management and is qualifying clearing; or

is necessary for a purpose mentioned in definition routine management, paragraph (c) or (d); or

development on a lot that is or involves operational work that is the clearing of native vegetation in a koala habitat area if—

the clearing is necessary to establish a necessary fence, road or vehicular track on an existing lot; and

the clearing is qualifying clearing; and

the vegetation is regulated regrowth vegetation or a least concern regional ecosystem in a category B area; and

the maximum width of the clearing for the fence, road or track is—

for a lot that is 5ha or less—5m; or

for a lot that is more than 5ha—10m; or

development that is or involves operational work that is the clearing of native vegetation in an area shown on a PMAV as a category X area if—

an application for the PMAV under the Vegetation Management Act 1999, section 20C was made before 7 February 2020; and

the clearing—

is qualifying clearing; or

is on land dedicated as a road under the Land Act 1994 and is carried out by a local government, or by or for the chief executive (transport).

the day the certificate was given;

the real property description of the premises the certificate applies to;

the name of the person the certificate was given to;

the development for which a development approval is not required;

whether the exemption certificate is in effect and, if not, the day the certificate stopped having effect.

for—

an air service; or

an associated primary industry activity; or

caretaker’s accommodation; or

a cemetery; or

a crematorium; or

a dual occupancy, if both dwellings are on a single lot; or

a dwelling house; or

a dwelling unit; or

emergency services; or

an environment facility; or

an extractive industry; or

a landing; or

major electricity infrastructure; or

a park; or

a renewable energy facility other than a facility for generating electricity or energy from a source of bioenergy; or

a rural activity; or

a solar farm; or

a substation; or

a telecommunications facility; or

a utility installation other than a transport service; or

a wind farm; or

that is consistent with a development approval in effect for the premises, if the application for the approval was assessed by a referral agency under schedule 10, part 16.

is excluded development; or

does not create a new lot; or

creates only 1 new lot, if the new lot is to be used for—

a cemetery; or

a crematorium; or

a detention facility; or

emergency services; or

an environment facility; or

major electricity infrastructure; or

a park; or

a renewable energy facility; or

a solar farm; or

a substation; or

a telecommunications facility; or

a utility installation other than a transport service; or

divides 1 lot into 2 lots, if—

the divided lot is severed by a road that was gazetted before 2 March 2006 or a State-controlled road; and

the road forms the whole of the boundary between the lots; or

is consistent with a material change of use approved under a development approval that applies to the lot being subdivided, if the application for the development approval was properly made under the repealed IPA before 31 October 2006; or

is stated in an application for a development approval for a material change of use to be necessary for the material change of use, if—

a development approval was given for the material change of use and is in effect; and

either—

the material change of use was assessed by a referral agency under schedule 10, part 16; or

the material change of use was assessed by a referral agency under the repealed SEQ SPRP, division 2.1 as complying with the assessment criteria stated in the division for the material change of use; or

is the reconfiguration of a lot and both of the following apply—

the lot is in an area identified in a gazette notice by the Minister as having a rural residential purpose;

an application for the reconfiguration was properly made under the old Act or the repealed IPA on or before 6 December 2010; or

is the reconfiguration of a lot and all of the following apply—

the lot is in an SEQ rural subdivision precinct;

the reconfiguration is consistent with the purpose statement and minimum lot size for the zone applying to the lot under a local planning instrument;

an application for the reconfiguration was properly made on or before 11 December 2023.

extracting or processing extractive resources; and

any related activities, including, for example, transporting the resources to market.

preparing and selling food and drink for consumption on or off the premises; or

providing liquor for consumption on or off the premises, if the use is ancillary to the use in paragraph (a).

receptions or functions; or

preparing and providing food and liquor for consumption on the premises as part of a reception or function.

means the use of premises for—

arranging and conducting funerals, memorials and other similar events; or

a mortuary; or

storing and preparing bodies for burial or cremation; but

does not include the use of premises for the burial or cremation of bodies.

busway transport infrastructure; or

busway transport infrastructure works.

light rail transport infrastructure; or

light rail transport infrastructure works.

land identified in a guideline made under the Transport Planning Act, section 8E as a future transport corridor for—

rail transport infrastructure; or

other rail infrastructure; or

railway works; or

future railway land.

a future busway corridor; or

a future light rail corridor; or

a future railway corridor; or

a future State-controlled road.

selling plants; or

selling gardening and landscape products and supplies that are mainly in pre-packaged form; or

a food and drink outlet that is ancillary to the use in paragraph (a).

funded, wholly or partly, by the State or Commonwealth; or

provided by a person, other than under a development approval or infrastructure agreement, on terms that—

are agreed to by the State or Commonwealth; and

are intended to support the commercial viability of the infrastructure.

building services, plant or equipment; or

access between levels; or

a ground floor public lobby; or

a mall; or

parking, loading or manoeuvring vehicles; or

unenclosed private balconies, whether roofed or not.

the level of the natural ground; or

if the level of the natural ground has changed, the level as lawfully changed.

means operational work that changes the form of land, or involves placing a structure on land, in a way that diverts water to or from a wetland in a wetland protection area and involves excavating or filling—

if the work is carried out in the wetland or within 200m of the wetland—more than 100m³; or

otherwise—more than 1,000m³; but

does not include operational work—

that is excavating to establish underground infrastructure, other than infrastructure for drainage or stormwater flows, if the excavated land is to be restored, as far as practicable, to its original contours after the infrastructure is established; or

to maintain dams, fences, helipads, roads, stockyards, vehicular tracks or watering facilities; or

to alter, maintain, repair, replace, rehabilitate, remove or service government supported transport infrastructure; or

to take preventative or remedial action in relation to government supported transport infrastructure; or

to maintain systems and services relating to government supported transport infrastructure; or

in tidal water; or

for a forest practice; or

to reinstate earthworks destroyed by floods or landslides; or

to restore or conserve the ecological processes or hydrological functions of a wetland protection area; or

to laser level land without change to the previously levelled contours or slopes; or

for government supported transport infrastructure for which the funding and construction arrangements were approved by the State or Commonwealth before 31 October 2011; or

carried out under the Electricity Act, section 101 or 112A; or

carried out under the Fire Services Act 1990, section 145F, 145G or 149I; or

carried out under a geothermal exploration permit under the Geothermal Energy Act 2010; or

that is completely or partly in a declared fish habitat area, if the work is prescribed assessable development; or

that is constructing or raising waterway barrier works, if the work is accepted development under schedule 7, part 3, section 6, 6A or 6B.

that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and

that a local planning instrument applying to the premises states is a high impact industry; and

that complies with any thresholds for the activity stated in a local planning instrument applying to the premises, including, for example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.

the medical or surgical care or treatment of patients, whether or not the care or treatment requires overnight accommodation; or

providing accommodation for patients; or

providing accommodation for employees, or any other use, if the use is ancillary to the use in paragraph (a) or (b).

means the use of premises for—

selling liquor for consumption on the premises; or

a dining or entertainment activity, or providing accommodation to tourists or travellers, if the use is ancillary to the use in subparagraph (i); but

does not include a bar.

identified koala broad-hectare area—01 Oxley Wedge;

identified koala broad-hectare area—02 Rochedale;

identified koala broad-hectare area—03 Coomera;

identified koala broad-hectare area—04 Ripley Valley;

identified koala broad-hectare area—05 Kinross Road;

identified koala broad-hectare area—06 South East Thornlands;

identified koala broad-hectare area—07 Palmview.

a function facility; or

a hotel; or

indoor sport and recreation; or

a major sport, recreation and entertainment facility at which events are carried out mainly indoors; or

tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (d); or

a commercial use that is ancillary to a use stated in paragraphs (a) to (d).

an area (however described) designated in a planning instrument as industrial; or

an area that is predominantly industrial in character, having regard to—

dominant land uses in the area; or

the planning instruments applying to the area.

an extractive industry; or

a high impact industry; or

a low impact industry; or

a marine industry; or

a medium impact industry; or

a research and technology industry; or

a service industry; or

a special industry; or

a warehouse.

the charges, stated in the local government’s annual budget or annual report, that may be levied by the local government during the current financial year and the next 3 financial years;

a forecast of future spending by the local government on trunk infrastructure for the current financial year and the next 3 financial years;

each of the following for the previous financial year—

the total amount of charges levied by the local government and the total amount of charges paid;

the total amount of offsets given by the local government;

the total amount of levied charges that were refunded by the local government;

the total amount of levied charges spent by the local government on providing trunk infrastructure;

the total amount of levied charges that were not spent by the local government.

includes the following information for each charge levied by the local government—

the real property description of the premises to which the charge applies;

the charges resolution under which the charge was levied;

the amount of the charge levied;

how the charge was worked out;

if an automatic increase provision applies to the charge—that the charge is subject to automatic increases and how the increases are worked out under the provision;

if all or part of the charge has been paid—the amount paid and the day on which it was paid;

if the charge has not been paid in full—the amount of the charge unpaid;

details of any offset or refund given;

if the charge was levied as a result of a development approval—the approval reference number and the day the approval will lapse;

if infrastructure is to be provided instead of paying the charge—details of any infrastructure still to be provided; and

includes the following additional information for each charge levied by the local government on or after 1 January 2020—

the suburb or other locality in which the premises the charge applies to are situated;

if the levied charge is the subject of an infrastructure agreement—any reference number given to the agreement and the day the agreement was entered into;

if the charge was levied as a result of a development approval—the day the development application was approved;

if the levied charge is the subject of an infrastructure charges notice—the notice reference number and the day the local government gave the notice; and

includes infrastructure charges information for the local government.

is the prescribed assessment manager for the application; and

either—

supplies trunk infrastructure for development; or

has an agreement with another person that supplies trunk infrastructure for development.

means the use of premises for—

the intensive production of animals or animal products, in an enclosure, that requires food and water to be provided mechanically or by hand; or

storing and packing feed and produce, if the use is ancillary to the use in subparagraph (i); but

does not include the cultivation of aquatic animals.

means the use of premises for—

the intensive production of plants or plant material carried out indoors on imported media; or

the intensive production of plants or plant material carried out outside using artificial lights or containers; or

storing and packing plants or plant material grown on the premises, if the use is ancillary to the use in subparagraph (i) or (ii); but

does not include the cultivation of aquatic plants.

means removing, cutting down, ringbarking, pushing over, poisoning or destroying in any way, including by burning, flooding or draining, native vegetation in a koala habitat area; but

does not include destroying standing vegetation by stock, or lopping a tree.

for mooring, launching, storing and retrieving vessels; and

from which passengers embark and disembark.

for strategic port land—a plan approved under the Transport Infrastructure Act, section 286; or

for airport land—a land use plan approved under the Airport Assets Act, chapter 3, part 1.

land on which light rail transport infrastructure is situated; or

land on which light rail transport infrastructure works are carried out; or

land on which services for the maintenance or operation of light rail transport infrastructure are situated.

Brisbane City Council; or

Bundaberg Regional Council; or

Cairns Regional Council; or

Fraser Coast Regional Council; or

Gold Coast City Council; or

Ipswich City Council; or

Logan City Council; or

Moreton Bay City Council; or

Redland City Council; or

Scenic Rim Regional Council; or

Sunshine Coast Regional Council; or

Townsville City Council.

removing its trunk; or

cutting or pruning its branches so severely that it is likely to die.

that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and

that a local planning instrument applying to the premises states is a low impact industry; and

that complies with any thresholds for the activity stated in a local planning instrument applying to the premises, including, for example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.

means the use of premises for—

a transmission grid or supply network; or

a telecommunication facility, if the use is ancillary to the use in subparagraph (i); but

does not include the use of premises for a supply network or private electricity works stated in schedule 6, section 26(5), unless the use involves—

a new zone substation or bulk supply substation; or

the augmentation of a zone substation or bulk supply substation that significantly increases the input or output standard voltage.

manufacturing, storing, repairing or servicing vessels or maritime infrastructure; or

providing fuel or disposing of waste, if the use is ancillary to the use in paragraph (a).

selling goods to the public mainly from temporary structures, including, for example, stalls, booths or trestle tables; or

providing entertainment, if the use is ancillary to the use in paragraph (a).

that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and

that a local planning instrument applying to the premises states is a medium impact industry; and

that complies with any thresholds for the activity stated in a local planning instrument applying to the premises, including, for example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.

50m²;

an area equal to 5% of the gross floor area of the building.

the physical characteristics of an aquifer; or

the physical, chemical or biological characteristics of water in an aquifer.

organised or recreational motor sports; or

facilities for spectators, including, for example, stands, amenities and food and drink outlets, if the use is ancillary to the use in paragraph (a).

means a residential use of premises involving 3 or more dwellings, whether attached or detached; but

does not include build to rent housing.

an area of environmental, cultural or heritage value; or

a local ecosystem; or

the natural environment.

the use of a new location as a relevant vehicular access between the premises and the road or corridor; or

the construction of a new relevant vehicular access between the premises and the road or corridor; or

the extension of an existing relevant vehicular access between the premises and the road or corridor; or

an increase in the number of vehicles regularly using an existing relevant vehicular access between the premises and the road or corridor; or

a change in the type of vehicles regularly using an existing relevant vehicular access between the premises and the road or corridor.

providing entertainment that is cabaret, dancing or music; or

selling liquor, and preparing and selling food, for consumption on the premises, if the use is ancillary to the use in paragraph (a).

the maintenance of structures built in accordance with the requirements, under any Act, relating to the structure; or

educational or research purposes relating to the declared fish habitat area; or

monitoring the impact of development on the declared fish habitat area; or

the construction or placement of structures, including, for example, safety signs, swimming enclosures or aids to navigation, if—

the impact on the area is minor; and

the structures are built in accordance with the requirements, under any Act, relating to the structure.

for an urban purpose in an urban area; and

that is carried out on a lot, other than a lot that—

if the lot contains vegetation shown on the regulated vegetation management map as a category B area—contains an endangered regional ecosystem; or

is dedicated as a road under the Land Act; or

is unallocated State land.

means the use of premises for—

providing an administrative, financial, management or secretarial service or function; or

the practice of a profession; or

providing business or professional advice or services; but

does not include the use of premises for making, selling or hiring goods.

off-road motorcycling; or

facilities that are ancillary to off-road motorcycling.

lot 50 on SP233714; or

lot 1 on RP61998; or

lot 1 on RP61996; or

lot 3 on RP61997; or

lot 39 on RP17872; or

lot 38 on RP17872.

a driveway that is used only for providing access between the premises and a road; or

an area used only for protecting or enhancing the visual amenity of the premises; or

a part of a building that is relevant to calculating the gross floor area of the building.

displaying, selling, hiring or leasing vehicles, boats, caravans, machinery, equipment or other similar products, if the use is mainly conducted outdoors; or

repairing, servicing, selling or fitting accessories for the products stated in paragraph (a), if the use is ancillary to the use in paragraph (a).

a recreation or sporting activity that is carried on outdoors and requires areas of open space; or

providing and selling food and drink, change room facilities or storage facilities, if the use is ancillary to the use in paragraph (a).

development in a priority development area; or

PDA-associated development for a priority development area.

organised worship and other religious activities; or

social, education or charitable activities, if the use is ancillary to the use in paragraph (a).

unless the reconfiguration relates to—

the acquisition of land, including by agreement, under the Acquisition Act, by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or

the acquisition of land by agreement, other than under the Acquisition Act, by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or

land held by the State, or a statutory body representing the State, that is being reconfigured for a purpose for which land may be taken under the Acquisition Act, whether or not the land relates to an acquisition; or

the acquisition of land for water infrastructure; or

a lot that is, or includes, airport land, strategic port land or Brisbane core port land; or

other than a plan lodged under the Acquisition Act, section 12A as a result of a reconfiguration stated in paragraph (a)(i).

the arrival and departure of vessels; or

the movement of passengers or goods on or off vessels; or

storing, servicing, maintaining or repairing vessels; or

ancillary uses that directly service the needs of passengers of the vessels.

schedule 9; or

schedule 10, other than schedule 10, part 15 or 16.

a development permit has been given for the building work; or

the building work is stated in schedule 7, part 1, section 2; or

the dwelling is for public housing.

clearing vegetation on freehold land or land leased under the Land Act, if—

the clearing is necessary for building a single dwelling on a lot, and any reasonably associated building or structure; and

there is no other dwelling on the lot; or

clearing vegetation on indigenous land, if the clearing is necessary for building 1 or more dwellings, and any reasonably associated building or structure, for—

Aboriginal or Torres Strait Islander inhabitants of the land; or

persons providing educational, health, police or other community services for the inhabitants.

means a hazardous chemical that—

is stated in the Work Health and Safety Regulation, schedule 15, table 15.1; or

belongs to a class, type or category of hazardous chemicals stated in the Work Health and Safety Regulation, schedule 15, table 15.2; but

does not include a liquid that is an agricultural chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth), if—

the liquid is stored on premises in a rural zone; and

the liquid is for use in a primary industry activity; and

the total amount of liquid stored on the premises is less than 10,000L; and

the liquid is stored in packages that are labelled and ready for use by an end user.

freehold land; or

indigenous land; or

any of the following under the Land Act—

leased land;

land dedicated as a road;

trust land, other than indigenous land;

unallocated State land;

land subject to a licence or permit; or

land that is the property of the State under the Land Act, section 9 or 13A(1) or (2).

a material change of use of premises that is assessable development under a local categorising instrument; or

a material change of use of premises for a battery storage facility that is assessable development under schedule 10, part 2, division 1; or

a material change of use of premises for a relevant solar farm that is assessable development under schedule 10, part 16AA, division 1.

the name and contact details of the private certifier to whom the application was made;

the information stated in this schedule, definition application register, paragraphs (b) to (g) and (j) to (l).

means housing—

provided by, or for, the State or a statutory body representing the State; and

for short or long term residential use; and

totally or partly subsidised by the State or a statutory body representing the State; and

includes services provided mainly for residents of the housing.

is on freehold land; or

is on indigenous land; or

is on land leased under the Land Act 1994 for agriculture or grazing purposes; or

is on land leased under the Land Act 1994, other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or

is on trust land under the Land Act 1994, other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or

is on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or

is on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.

land on which rail transport infrastructure or other rail infrastructure is situated; or

land on which railway works are carried out, if the works relate to rail transport infrastructure or other rail infrastructure; or

land on which services for the maintenance or operation of rail transport infrastructure or other rail infrastructure are situated.

recorded in the register kept under the Collections Act 1966, part 6; or

recorded in a register kept under a law of another State substantially corresponding to the register kept under the Collections Act 1966, part 6; or

a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth).

an overlay, or part of an overlay, that is about—

bush fire hazards, coastal hazards, flood hazards or landslide hazards; or

safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination; or

an overlay, or part of an overlay, that includes an overlay code and is about—

development of a local heritage place; or

development in a place with traditional building character; or

the protection of areas of natural, environmental or ecological significance, including the protection of the biodiversity, significant animals and plants, wetlands and waterways of such areas; or

development within an area identified on a map titled ‘ANEF’ on the State Planning Policy Interactive Mapping System.

for a sewer—the sewerage service provider, as defined under the Water Supply Act, schedule 3, for the sewer; or

for a stormwater drain—the owner of the stormwater drain; or

for a water main—the water service provider, as defined under the Water Supply Act, schedule 3, for the water main.

a solar farm that has a maximum instantaneous electricity output of 1MW or more; or

a solar farm in a priority development area.

a road, other than a pedestrian or bicycle path, that provides access between the premises and the road or corridor; or

a driveway that provides access between the premises and the road or corridor.

relocatable dwellings for long-term residential accommodation; or

amenity facilities, food and drink outlets, a manager’s residence, or recreation facilities for the exclusive use of residents, if the use is ancillary to the use in paragraph (a).

means the use of premises for the generation of electricity or energy from a renewable energy source, including, for example, sources of bioenergy, geothermal energy, hydropower, ocean energy or wind energy; but

does not include—

the use of premises for the generation of electricity or energy to be used mainly on the premises; or

a solar farm; or

a wind farm; or

the use of premises for pumped hydro energy storage.

in relation to an application under the old Act or repealed IPA for a development approval, means the State planning regulatory provisions made under that repealed Act for the SEQ region and as in force when the application was properly made under that repealed Act; or

otherwise, means the State planning regulatory provisions made under the old Act for the SEQ region and as in force immediately before the repeal of the old Act.

can not live independently; and

require regular nursing or personal care.

the building work for the dwelling that necessitates the clearing is carried out—

under a development permit; or

by, or for, the State or a public sector entity; or

the dwelling that necessitates the clearing is for public housing.

means the use of premises for a residential purpose, including, for example, a relocatable home park or retirement facility; but

does not include—

a community residence; or

a detention facility; or

a residential care facility; or

tourist accommodation; or

accommodation for employees, including rural workers’ accommodation.

tourist and visitor accommodation that includes integrated leisure facilities; or

staff accommodation that is ancillary to the use in paragraph (a); or

transport facilities for the premises, including, for example, a ferry terminal or air service.

accommodation for older members of the community, or retired persons, in independent living units or serviced units; or

amenity and community facilities, a manager’s residence, health care and support services, preparing food and drink or staff accommodation, if the use is ancillary to the use in paragraph (a).

residential accommodation, if each resident—

has a right to occupy 1 or more rooms on the premises; and

does not have a right to occupy the whole of the premises; and

does not occupy a self-contained unit, as defined under the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2, or has only limited facilities available for private use; and

shares other rooms, facilities, furniture or equipment outside of the resident’s room with 1 or more other residents, whether or not the rooms, facilities, furniture or equipment are on the same or different premises; or

a manager’s residence, an office or providing food or other services to residents, if the use is ancillary to the use in paragraph (a).

to establish a necessary fence, road or vehicular track, if the maximum width of the clearing for the fence, road or track is 10m; or

to build necessary built infrastructure, including core airport infrastructure, other than contour banks, fences, roads or vehicular tracks, if—

the clearing is not to source construction timber; and

the total area cleared is less than 2ha; and

the total area covered by the infrastructure is less than 2ha; or

on freehold land by the owner of the land to source construction timber for establishing necessary infrastructure on any land of the owner, if—

the clearing does not cause land degradation; and

restoration of a similar type to, and to the extent of, the removed trees, is ensured; or

by the lessee of land leased under the Land Act for agriculture or grazing purposes to source construction timber, other than commercial timber, for establishing necessary infrastructure on the land, if—

the clearing does not cause land degradation; and

restoration of a similar type to, and to the extent of, the removed trees, is ensured.

an agricultural supplies store; or

animal husbandry; or

animal keeping; or

aquaculture; or

cropping; or

an intensive animal industry; or

intensive horticulture; or

a permanent plantation; or

a roadside stall; or

a rural industry; or

rural workers’ accommodation; or

a wholesale nursery; or

a winery.

storing, processing or packaging products from a rural use carried out on the premises or adjoining premises; or

selling products from a rural use carried out on the premises or adjoining premises, if the use is ancillary to the use in paragraph (a).

are for sale or proposed to be sold; or

can be won as a prize in a competition.

attached to the other dwelling; or

occupied by individuals who are related to, or associated with, the household of the other dwelling.

build to rent housing; or

caretaker’s accommodation; or

a childcare centre; or

a community care centre; or

a community residence; or

a detention facility; or

a dual occupancy; or

a dwelling house; or

a dwelling unit; or

an educational establishment; or

a health care service; or

a hospital; or

a hotel, to the extent the hotel provides accommodation for tourists or travellers; or

a multiple dwelling; or

a relocatable home park; or

a residential care facility; or

a resort complex; or

a retirement facility; or

rooming accommodation; or

rural workers’ accommodation; or

short-term accommodation; or

a tourist park; or

workforce accommodation.

a category 1 SEQ development area; or

a category 2 SEQ development area.

means an area in the SEQ region shown on the regulatory maps as a regional landscape and rural production area; but

does not include an SEQ development area.

means an area in the SEQ region shown on the regulatory maps as a rural living area; but

does not include an SEQ development area.

does not result in off-site air, noise or odour emissions; and

is suitable for location with other non-industrial uses.

selling fuel, including, for example, petrol, liquid petroleum gas, automotive distillate or alternative fuels; or

a food and drink outlet, shop, trailer hire, or maintaining, repairing, servicing or washing vehicles, if the use is ancillary to the use in paragraph (a).

means a sewer that is part of a sewerage system under the Plumbing and Drainage Act 2018; and

includes a maintenance cover for the sewer.

displaying, selling or hiring goods; or

providing personal services or betting to the public.

means the use of premises for—

providing accommodation of less than 3 consecutive months to tourists or travellers; or

a manager’s residence, office, or recreation facilities for the exclusive use of guests, if the use is ancillary to the use in subparagraph (i); but

does not include a hotel, nature-based tourism, resort complex or tourist park.

a related product line; and

a size, shape or weight that requires—

a large area for handling, display or storage; and

direct vehicle access to the building that contains the goods by members of the public, to enable the loading and unloading of the goods.

means the use of premises for the generation of electricity or energy from a source of solar energy, other than electricity or energy to be used mainly on the premises; and

includes the use of premises for any of the following if the use relates, or is ancillary, to the use stated in paragraph (a)—

a building or structure, including, for example, a site office or temporary workers’ accommodation;

a storage area or maintenance facility, including, for example, a lay down area;

infrastructure or works, including, for example, site access, foundations, electrical works, substations, facilities or devices for storing and releasing energy, or landscaping.

that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and

that a local planning instrument applying to the premises states is a special industry; and

that complies with any thresholds for the activity stated in a local planning instrument applying to the premises, including, for example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.

a major sport, recreation and entertainment facility at which events are carried out mainly outdoors; or

a motor sport facility at which the motor sports are carried out mainly outdoors; or

outdoor sport and recreation; or

tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (c); or

a commercial use that is ancillary to a use stated in paragraphs (a) to (c).

a busway corridor; or

a light rail corridor; or

a railway corridor; or

a State-controlled road.

means a space within a building between 2 floor levels, or a floor level and a ceiling or roof, other than—

a space containing only a lift shaft, stairway or meter room; or

a space containing only a bathroom, shower room, laundry, toilet or other sanitary compartment; or

a space containing only a combination of the things stated in subparagraph (i) or (ii); or

a basement with a ceiling that is not more than 1m above ground level; and

includes—

a mezzanine; and

a roofed structured that is on, or part of, a rooftop, if the structure does not only accommodate building plant and equipment.

means infrastructure used for receiving, storing, transporting or treating stormwater; and

includes a maintenance cover for the stormwater drain.

as part of a transmission grid or supply network to—

convert or transform electrical energy from one voltage to another; or

regulate voltage in an electrical circuit; or

control electrical circuits; or

switch electrical current between circuits; or

for a telecommunications facility for—

works as defined under the Electricity Act, section 12(1); or

workforce operational and safety communications.

means premises that contain a substation and are larger than 50m²; but

does not include premises used for—

pole mounted substations, transformers or voltage regulators; or

pad mounted substations or transformers.

was given to the assessment manager by the applicant; and

is in the assessment manager’s possession when the request to inspect and purchase is made.

is carried out on a non-permanent basis; and

does not involve the construction of, or significant changes to, permanent buildings or structures.

presenting movies, live entertainment or music to the public; or

the production of film or music; or

the following activities or facilities, if the use is ancillary to a use in paragraph (a) or (b)—

preparing and selling food and drink for consumption on the premises;

facilities for editing and post-production;

facilities for wardrobe, laundry and make-up;

set construction workshops;

sound stages.

nature-based tourism; or

a resort complex; or

a tourist attraction; or

a tourist park; or

tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (d); or

a commercial use that is ancillary to a use stated in paragraphs (a) to (d).

providing entertainment to, or a recreation facility for, the general public; or

preparing and selling food and drink for consumption on the premises, if the use is ancillary to the use in paragraph (a).

holiday accommodation in caravans, self-contained cabins, tents or other similar structures; or

amenity facilities, a food and drink outlet, a manager’s residence, offices, recreation facilities for the use of occupants and their visitors, or staff accommodation, if the use is ancillary to the use in paragraph (a).

storing vehicles, or machinery, that are used for a commercial or public purpose; or

cleaning, repairing or servicing vehicles or machinery, if the use is ancillary to the use in paragraph (a).

active transport infrastructure as defined under the Transport Planning Act, section 8A(3); or

air transport infrastructure; or

busway transport infrastructure; or

light rail transport infrastructure; or

miscellaneous transport infrastructure as defined under the Transport Infrastructure Act, section 416; or

other rail infrastructure; or

public marine transport infrastructure as defined under the Transport Infrastructure Act, schedule 6; or

public passenger transport infrastructure as defined under the Transport Planning Act, schedule 1; or

rail transport infrastructure; or

a road on State toll road corridor land; or

a State-controlled road.

a description of the trunk infrastructure;

whether the trunk infrastructure is included in the local government’s LGIP;

if the trunk infrastructure is included in the local government’s LGIP—any LGIP reference number for the trunk infrastructure;

the trunk infrastructure network that the trunk infrastructure is associated with;

whether the trunk infrastructure was provided by the local government, or under an infrastructure agreement or condition of a development approval;

the suburb or other locality in which the trunk infrastructure is situated;

the cost of providing the trunk infrastructure;

if the trunk infrastructure is provided under a condition of a development approval—the development approval number.

means the use of premises for an urban purpose; but

does not include—

a community activity; or

indoor recreation; or

residential development; or

a sport and recreation activity; or

a tourist activity.

an area identified in a gazette notice by the chief executive as an urban area; or

if no gazette notice has been published—an area identified as an area intended for an urban purpose, or for an urban purpose in the future, on a map in a planning scheme that—

identifies the area using cadastral boundaries; and

is used exclusively or mainly to assess development applications.

including residential, industrial, sporting, recreation and commercial purposes; but

not including rural residential, environmental, conservation, rural, natural or wilderness area purposes.

any of the following zones stated in schedule 2—

general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone;

centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;

industry zone, low impact industry zone, medium impact industry zone, high impact industry zone, special industry zone, research and technology industry zone, industry investigation zone or waterfront and marine industry zone;

emerging community zone;

innovation zone;

mixed use zone;

specialised centre zone;

township zone; or

a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in paragraph (a).

a service for supplying or treating water, hydraulic power or gas; or

a sewerage, drainage or stormwater service; or

a transport service; or

a waste management service; or

a maintenance depot, storage depot or other facility for a service stated in paragraphs (a) to (d).

the medical or surgical treatment of animals; or

the short-term stay of animals, if the use is ancillary to the use in paragraph (a).

storing or distributing goods, whether or not carried out in a building; or

the wholesale of goods, if the use is ancillary to the use in paragraph (a).

means infrastructure used for transporting water, other than stormwater; and

includes a maintenance cover for the water main.

made by the department in which the Fisheries Act is administered; and

published on the Queensland Spatial Catalogue website.

the wholesale of plants grown on or next to the premises; or

selling gardening materials, if the use is ancillary to the use in paragraph (a).

means the use of premises for generating electricity by wind force, other than electricity that is to be used mainly on the premises for a domestic or rural use; and

includes the use of premises for any of the following, if the use relates, or is ancillary, to the use stated in paragraph (a)—

a wind turbine, wind monitoring tower or anemometer;

a building or structure, including, for example, a site office or temporary workers’ accommodation;

a storage area or maintenance facility, including, for example, a lay down area;

infrastructure or works, including, for example, site access, foundations, electrical works, substations, facilities or devices for storing and releasing energy, or landscaping.

making wine; or

selling wine that is made on the premises.

means the use of premises for—

accommodation that is provided for persons who perform work as part of—

a resource extraction project; or

a project identified in a planning scheme as a major industry or infrastructure project; or

a rural use; or

recreation and entertainment facilities for persons residing at the premises and their visitors, if the use is ancillary to the use in subparagraph (i); but

does not include rural workers’ accommodation.