Subdivision 2

Referral agency’s assessment

In force

Table 1—Material change of use on Brisbane core port land
Column 1	Column 2
1 Development application requiring referral	Development application for a material change of use of premises on Brisbane core port land, if—
	(a) the Brisbane port LUP categorises the material change of use as assessable development; and
	(b) the chief executive is the prescribed assessment manager for the application
2 Referral agency	Brisbane City Council
3 Limitations on referral agency’s powers	Referral agency may give advice only
4 Matters referral agency’s assessment must be against	The material impacts of the proposed development, identified by the council, on land in its local government area, other than Brisbane core port land
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	—

Table 2—Operational work near a State transport corridor
Column 1	Column 2
1 Development application requiring referral	Development application for operational work on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, if—
	(a) all or part of the premises are within 25m of a State transport corridor; and
	(b) the work—
	(i) relates to access to the State transport corridor; or
	(ii) involves extracting, excavating or filling more than 50m³; or
	(iii) involves the redirection or intensification of site stormwater from the premises through a pipe or culvert with a cross-sectional area of more than 625cm², to a State transport corridor; and
	(c) the work does not relate to—
	(i) a material change of use stated in table 4, item 1, column 2, paragraph (a) or (c); or
	(ii) government supported transport infrastructure
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
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	Nil

Table 3—Operational work on land that is a future State transport corridor
Column 1	Column 2
1 Development application requiring referral	Development application for operational work on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, if—
	(a) all or part of the premises are a future State transport corridor; and
	(b) the work does not relate to—
	(i) a material change of use stated in table 4, item 1, column 2, paragraph (b); or
	(ii) government supported transport infrastructure
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
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	Nil

Table 4—Material change of use of premises near a State transport corridor or that is future State transport corridor
Column 1	Column 2
1 Development application requiring referral	Development application for a material change of use of premises on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, other than an excluded material change of use, if all or part of the premises—
	(a) are within 25m of a State transport corridor; or
	(b) are a future State transport corridor; or
	(c) are—
	(i) adjacent to a road that intersects with a State-controlled road; and
	(ii) within 100m of the intersection
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
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	Nil

Table 5—Development that is inconsistent with Brisbane port LUP for transport reasons
Column 1	Column 2
1 Development application requiring referral	Development application for development on Brisbane core port land that is inconsistent with the Brisbane port LUP for transport reasons
2 Referral agency	The Minister responsible for administering the Transport Infrastructure Act
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The transport reasons
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	—

Table 6—Material change of use of premises for an environmentally relevant activity
Column 1	Column 2
1 Development application requiring referral	Development application for a material change of use of premises on Brisbane core port land, if the material change of use—
	(a) is for an environmentally relevant activity; and
	(b) is prescribed assessable development; and
	(c) is categorised as assessable development under the Brisbane port LUP
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
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	Nil

Table 7—Material change of use or operational work that is for or involves tidal works or work in a coastal management district
Column 1	Column 2
1 Development application requiring referral	Development application for development on Brisbane core port land, if the development—
	(a) is a material change of use or operational work; and
	(b) is categorised as assessable development under the Brisbane port LUP; and
	(c) is for or involves—
	(i) tidal works; or
	(ii) operational work completely or partly in a coastal management district that is prescribed assessable development
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
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	Nil

Table 8—Material change of use of premises for a hazardous chemical facility
Column 1	Column 2
1 Development application requiring referral	Development application for a material change of use of premises on Brisbane core port land, if the material change of use—
	(a) is for a hazardous chemical facility; and
	(b) is categorised as assessable development under the Brisbane port LUP
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
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	Nil

Table 9—Operational work for taking or interfering with water
Column 1	Column 2
1 Development application requiring referral	Development application for operational work stated in section 29, if the operational work—
	(a) is on Brisbane core port land; and
	(b) is categorised as assessable development under the Brisbane port LUP
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
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	Nil

Table 10—Operational work for referable dams
Column 1	Column 2
1 Development application requiring referral	Development application for operational work stated in section 31, if the operational work—
	(a) is on Brisbane core port land; and
	(b) is categorised as assessable development under the Brisbane port LUP
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
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	Nil

Table 11—Material change of use or operational work relating to fisheries
Column 1	Column 2
1 Development application requiring referral	Development application for the following development, if the development is on Brisbane core port land and is categorised as assessable development under the Brisbane port LUP—
	(a) a material change of use stated in section 9;
	(b) operational work stated in section 10, 11 or 12;
	(c) a material change of use involving operational work that is the removal, destruction or damage of a marine plant, if there is no development permit for the operational work
2 Referral agency	The chief executive
3 Limitations on referral agency’s powers	—
4 Matters referral agency’s assessment must be against	The State development assessment provisions
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	Nil

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