Urban encroachment

Increasing urban development can pose difficulties for some industries where their activities involve emissions relating to noise, dust, aerosols, fumes, light and smoke.

Urban encroachment protections allow local governments to plan for increasing urban density, while protecting these existing industries. Where an activity is operating within previously approved limits, an owner can apply to the Planning Minister for an urban encroachment registration. This protects the registered premises from others launching legal action for nuisance relating to air, light or noise emissions.

The owner of a premises is eligible to apply for an urban encroachment registration if their activity provides significant economic, heritage or infrastructure value to Queensland. The registration does not assess, approve or monitor the environmental impacts or limits (noise, dust, aerosols, fumes, light, or smoke) of a premises. These matters are addressed through a development approval and/or environmental authority.

Protection is provided for a period of 10 years, after which the registered premises is required to renew the registration if continued protection is required. The protection also ceases once any new or changed development approval or environmental authority is issued to the premises. In these cases, a re-registration process is required to be undertaken by the proponent of the premises for protections to reapply.

These protections do not restrict the right to legal proceedings where an activity is operating outside of approved limits.

Urban encroachment registrations

Registration of a premises

Prior to making an application, the owner must give notice of the proposed application to the owners and occupiers of all premises in the area to which the registration is proposed to relate to. A copy of the notice must also be published in a relevant online newspaper.

Change to a registration

To remove land from a registered premises affected area, the owner of the registered premises must publish a notice about the proposed removal in a relevant online newspaper and publish the details of the proposed removal on their website (if applicable). The owner is also required to give the Planning Minister a notice of compliance and a map of the affected area as changed.

The owner of a registered premises may apply to the Planning Minister to amend an existing registration to include additional land in the affected area for the premises.

Prior to making an application, the owner must give notice of the proposed application to the owners and occupiers of all premises in the expanded area. A copy of the notice must also be published in a relevant online newspaper and on the owner’s website (if applicable). The owner is also required to give the Planning Minister a notice of compliance.

Renew a registration

If renewal of a registration is required, the owner of the premises must provide certain information, including (but not limited to) a technical report detailing the levels of emissions during operating hours, details of any complaints made in the previous 12 months about emissions from the premises and details about any action taken to mitigate emissions.

Renewal of an urban encroachment registration does not require public consultation when there is an impending lapse in registration and there is no change to the affected area.

Re-register a premises

There is no requirement to re-register a premises where a new or amended approved environmental authority and/or development approval (which has undergone the necessary approvals process under planning and environment legislation), where the affected area is not expanded, and where the owner gives notice to the affected area and the Planning Minister.

When a new or amended authority for a registered premises starts to apply to allow greater emissions from the premises than the original authority, the owner of the premises must publish a notice about it in a relevant online newspaper and on the owner’s website (if applicable).

Further information

Email planning4housing@dsdilgp.qld.gov.au for more information about urban encroachment registrations.

Approved urban encroachment registrations

Registered premises	XXXX Milton Brewery
Address	185 Milton Road, Milton, QLD, 4064
Lot/plan	Lot 35 Plan SL805565
Date of registration	28 April 2019
Map of affected area	Map of affected area