Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024

Queensland’s planning framework is one of the key tools used by state and local governments to deliver connected, liveable and sustainable communities across Queensland.

The Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024 (the HAAPOLA Act) has now commenced, with the exception of the provisions related to Development Control Plan’s which will commence by proclamation at a later date. The HAAPOLA Act amends the Planning Act 2016 (the Planning Act) and a number of other legislation, to improve the planning framework’s response to housing supply challenges.

The Planning Act now provides new tools for use across Queensland that will facilitate new housing and land supply including:

the ability for the Planning Minister to acquire land and create an easement for critical infrastructure to unblock development in the right locations and at the right time, and
a new and streamlined state led assessment process to facilitate development that is a priority of the state, for example the delivery of affordable housing.

Operational and process improvements were also made to the planning framework to ensure that the system is as efficient as possible.

Some of the key changes incorporated in the Planning Act include:

streamlining the renewal and registration processes for urban encroachment provisions,
removing the requirement for a development approval for particular development for a temporary period of time,
improving the functionality of an applicable event and the use of temporary use licences,
streamlining the Planning Minister’s powers to direct an amendment to a local planning scheme, and
reduced regulatory burdens for the State and local governments by improving processes.

Commencement of the HAAPOLA Act

The HAAPOLA Act was passed by Parliament on 16 April 2024 and assented on 26 April 2024.

Provisions in the HAAPOLA Act that commence on assent include but are not limited to:

Public notice and submission requirements for plan making, including to resorts legislation
Temporary Accepted Development
Appeal periods for Infrastructure Charge Notices and Change Representations

Certain provisions in the HAAPOLA Act commenced by proclamation on 22 July 2024. These amendments include but are not limited to:

State facilitated development
New powers to condition affordable housing
Easement and Acquisition Powers
Urban Encroachment
Temporary Use Licences and Applicable Events.

Supporting the HAAPOLA Act

To support the HAAPOLA Act’s objective in ensuring that the framework is as efficient, effective and responsive as possible, the following instruments were also amended:

Planning Regulation 2017 (Planning Regulation)
Economic Development Regulation 2023
Environmental Offsets Regulation 2014
Minister’s Guidelines and Rules (MGR)
Development Assessment Rules (DA Rules)

Find out more about the amendments to the Planning Regulation

The key amendments in the Planning Regulation include:

criteria for the new State facilitated development pathway,
a new ability to impose a development condition for the provision of an affordable housing component,
criteria for an affordable housing component,
a new definition for ‘build-to-rent’ development,
requirements for applications to register, renew and amend urban encroachment registrations,
requirements for applications to extend or amend temporary use licences,
requirements to keep particular materials available for inspection and purchase, and
minor amendments to update referencing and numbering.

View the Planning Regulation.

Find out more about the amendments to the Development Assessment Rules

Key amendments to the Development Assessment (DA) Rules include:

a process for assessing and deciding a State facilitated development application,
modernised public notice requirements, and
general operational and editorial improvements.

View the DA Rules.

Find out more about the amendments to the Minister’s Guidelines and Rules

Key amendments to the Minister’s Guidelines and Rules (MGR) include:

criteria for what constitutes an administrative and minor amendment to a planning scheme,
a new ability for the Planning Minister to impose a condition on a proposed Temporary Local Planning Instrument (TLPI),
modernised public notice and submission requirements, and
general operational and editorial improvements.

View the MGR.

Information about the changes

The list below provides further information on changes under the HAAPOLA Act as well as the Planning Regulation, Minister’s Guidelines and Rules and Development Assessment Rules.

Further information

For further information please contact the Department of Housing, Local government, Planning and Public Works via planning4housing@dsdilgp.qld.gov.au.

For enquiries about the State facilitated development pathway, please contact the State Facilitated Development team via sfd@dsdilgp.qld.gov.au.

Last updated: 22 Jul 2024