Transport Infrastructure Act 1994

The Brisbane port LUP may state that development on Brisbane core port land, or in a precinct, is port prohibited development.

Also, the Brisbane port LUP may state—

that development is consistent or inconsistent with the plan or a part of the plan relating to a particular precinct; and

the reasons that development is inconsistent with the plan or the part.

The Brisbane port LUP may state that development that is a material change of use of premises for core port infrastructure and is consistent with the plan for a precinct is, within that precinct, accepted development for the Planning Act under the plan.

The Brisbane port LUP may state that development that is a material change of use of premises for port related development and is consistent with the plan for a precinct is, within that precinct, accepted development or assessable development requiring code assessment for the Planning Act under the plan.

However, the Brisbane port LUP must not state that—

port prohibited development stated in schedule 5B is accepted development or assessable development for the Planning Act; or

development is assessable development for the Planning Act if a regulation made under section 43(5)(b) of that Act prohibits local categorising instruments, as defined in that Act, from doing so; or

any of the following development is assessable development or port prohibited development for the Planning Act under the plan—

development that is a material change of use of premises for core port infrastructure and is consistent with the plan;

development categorised as accepted development under a regulation made under the Planning Act; or

development that is a material change of use of premises for port related development, and is consistent with the plan, is assessable development requiring impact assessment or port prohibited development under the plan.