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Planning Regulation 2017

Schedule of amendments – updated September 2024

The Planning Regulation 2017 (Planning Regulation) supports Queensland’s principal planning laws by outlining the mechanics for the operation of the Planning Act 2016. It prescribes planning and development assessment matters for the state including:

  • how development is categorised
  • who the assessment manager is
  • the matters applying to assessment of development applications
  • prescribes the current fees and charges for development assessment, tribunal proceedings and prescribed amounts related to local government infrastructure plans.

Amendments

Amendments to the Planning Regulation are necessary from time to time. Generally, amendments are made by the Governor in Council. The Office of the Queensland Parliamentary Counsel (OQPC) notifies the amendment, and provides both the amendment as made, and an updated and consolidated version of the Planning Regulation at www.legislation.qld.gov.au/.

Generally, the amendment takes effect on the day of notification which is generally the day after it is made by the Governor in Council, unless another day for commencement is stated on the Amendment Regulation.

Amendments may be made to the Planning Regulation as a consequence of other legislative amendments. A full legislative history of the Planning Regulation is available at: Planning Regulation 2017 - Queensland Legislation - Queensland Government

Disclaimer

The data published in the following schedule is produced for information purposes only.

Whilst every effort is made to ensure the accuracy of this data, the department makes no representations or warranties about its accuracy, reliability, completeness or suitability for any particular purpose and disclaims all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which you might incur as a result of the product being inaccurate or incomplete in any way and for any reason.

Name of Amendment Regulation

Description of amendment

Effective date

Further information

Planning (Rural Workers’ Initiative and Other Matters) Amendment Regulation 2024

The Planning (Rural Workers’ Initiative and Other Matters) Amendment Regulation 2024 amends the Planning Regulation to:

Give effect to the latest version of the Queensland Rural Workers’ Accommodation Initiative in Schedule 6

Extend the sunset clause in Schedule 6 for relocatable classrooms by a further 2 years

Give effect to the latest version of the State Development Assessment Provisions (version 3.1) in Schedule 24.

30 September 2024 

Planning Amendment Regulation 2024

The Planning Amendment Regulation 2024 amends the Planning Regulation to clarify when certain development should be referred to the State Assessment and Referral Agency (SARA) due to impacts on state transport infrastructure.

Schedule 20 identifies development impacting on State transport infrastructure and thresholds exceeding which they are required to be referred to SARA for assessment.

The Planning Amendment Regulation 2024 amends Schedule 20, Item 43 to better reflect the policy intent that a development application that is operational works (not related to a material change of use or reconfiguring a lot) that involves filling or excavating above 10,000 tonnes is referred to SARA where the material is being transported to the premises; or from the premises; or to and from the premises.

Where the abovementioned material is contained wholly within the site, limited risk is posed to state transport infrastructure hence the development application does not need to be referred to SARA for assessment in these circumstances.

23 August 2024 

Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024

The Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024 amends the Planning Regulation 2017 to ensure a sex work business is treated the same as any other business through the planning framework and land use planning.2 August 2024 

Planning and Other Legislation Amendment Regulation 2024

The Planning and Other Legislation Amendment Regulation 2024 amends the Planning Regulation, the Economic Development Regulation 2023 and the Environmental Offsets Regulation 2014 to support the operation and implementation of the Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024.

22 July 2024

The Amendment Regulation prescribes:

  • 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,
  • modernisation of terminology used in development control plan areas to terms used in the Planning Act,
  • a new definition for ‘build-to-rent’ development,
  • requirements for applications to register, renew and amend urban encroachment registrations,
  • requirement 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.

Planning (Prescribed Amounts) Amendment Regulation 2024

The Planning (Prescribed Amounts) Amendment Regulation 2024 (Amendment Regulation) amends the Planning Regulation to reflect updated prescribed amounts to apply the latest producer price index (PPI) for road and bridge construction, published by the Australia Bureau of Statistics in accordance with section 112 of the Planning Act 2016.

1 July 2024

The Amendment Regulation will update the prescribed amounts in Schedule 16 to reflect the 3-yearly moving average quarterly percentage increase in the Producer Price Index (PPI) since 1 July 2022. PPI is defined in Schedule 2 of the Planning Act 2016 to be the producer price index for construction 6427.0 (ABS PPI) index number 3101—Road and Bridge construction index for Queensland published by the Australian Bureau of Statistics. For 2022 to 2023 the increase is 4.29 percent and for 2023 to 2024 the increase is 6.29 percent.

Police Powers and Responsibilities and Other Legislation Amendment Act 2024

The Police Powers and Responsibilities and Other Legislation Amendment Act 2024 amends the Planning Regulation to clarify that infrastructure established by Queensland Corrective Services on prescribed lots of land to support its functions under Corrective Services Act 2006 or other legislation is “accepted development” that cannot be categorised as assessable development under a local planning instrument for the purposes of Planning Act 2016 and Planning Regulation 2017.

6 June 2024

 

Planning (SEQ Regulatory Provisions) Amendment Regulation 2023

The Amendment Regulation amends the Planning Regulation to update the SEQ Regulatory Provisions, located in Schedule 10, Part 15 and 16 of the Planning Regulation to give regulatory effect to updated policy positions in ShapingSEQ 2023, streamline existing provisions and address feedback on the operation of the provisions.

11 December 2023

 

Building and Other Legislation (Queensland Development Code Update) Amendment Regulation 2023

The Building and Other Legislation (Update of Queensland Development Code Update) Amendment Regulation 2023 amends the Planning Regulation 2017 to:

  • update Schedule 9 of the Planning Regulation to reflect the amendments to Queensland Development Code QDC MP 3.7 to enable an alternative water supply option for dedicated firefighting purposes.

8 December 2023

The amendment has been made to align with amendments to the Queensland Development Code - Mandatory Part 3.7:  Farm Buildings and Vehicle Storage Farm Sheds (QDC MP 3.7), acceptable solution A3(4).

Planning (Queensland Rural Workers’ Accommodation Initiative) Amendment Regulation 2023

The Amendment Regulation amends the Planning Regulation to:

  • give effect to changes to the Queensland Rural Workers’ Accommodation Initiative to add new Nominated Premises

25 August 2023

 

Planning (Assessment fees and other matters) Amendment Regulation 2023

The Planning (Assessment fees and other matters) Amendment Regulation 2023 amends the Planning Regulation 2017 to:

  • to give effect to changes to the Minister’s Guidelines and Rules to support the efficient administration of the Resilient Homes Fund.
  • facilitate approval of temporary detention centres declared under the Youth Justice Act 1992 to not be able to be made assessable development by a local planning scheme.
  • rectify state referral development assessment fees for developments proposed near a current or future state transport corridor, and for operational works carried out in tidal waters.

28 July 2023

 

Planning (Caboolture West Interim Structure Plan) Amendment Regulation 2023

The Planning (Caboolture West Interim Structure Plan) Amendment Regulation 2023 amends the Planning Regulation to:

  • give effect on 14 March 2023 to the Caboolture West Interim Structure Plan (CWISP) which was approved by the Minister on 22 February 2023
  • regulate development in Caboolture West, noting the Amendment Regulation does not change the assessment manager or referral agency for development applications.

14 March 2023

 

Planning Amendment Regulation 2022

The Planning Amendment Regulation 2022 amends the Planning Regulation 2017 to:

  • give effect to the Queensland Rural Workers’ Accommodation Initiative that allows for small scale rural workers’ accommodation to proceed without needing planning approval and support the repurposing of existing underutilised facilities as an interim solution for rural workers’ accommodation in effect until 9 December 2025 while longer term solutions are being determined
  • include a 3-year sunset clause to enable establishment of small scale rural worker’ accommodation
  • remove the public health accommodation facility provisions no longer in effect
  • include a new use term for battery storage facility
  • prescribe certain small scale battery storage facilities as being unable to be made assessable development in a local planning instrument
  • provide for relocatable classrooms and associated infrastructure at state schools to be unable to be made assessable development in a local planning instrument, subject to meeting requirements
  • include a 2 -year sunset clause to enable establishment of relocatable classrooms...

16 December 2022

 

Planning (Rooming Accommodation) Amendment Regulation 2022

The Planning (Rooming Accommodation) Amendment Regulation 2022 amends the Planning Regulation 2017 to:

  • provide for state-wide consistency and support small-scale rooming accommodation where meeting certain criteria and located in the following zones:
    • low density residential zone
    • low-medium density residential zone
    • general residential zone.
  • reduce the circumstances where an overlay can make dwelling houses and rooming accommodation assessable development in the lower density residential zones to support a range of housing forms.
  • allow for local governments to assess applications for dwelling houses in the high density residential zone and medium density residential zone recognising that dwelling houses are not an efficient use of land within these zones.
  • remove reference to ‘dwelling house’ from the zone purpose statements for the low density residential zone and low-medium density residential zone to clarify other low scale housing forms can also be expected in these zones.

2 December 2022

 

Planning (Emergency Housing) Amendment Regulation 2022

The Planning (Emergency Housing) Amendment Regulation 2022 amends the Planning Regulation 2017 to:

  • provide for the establishment of emergency housing
  • provide for the infrastructure designation pathway to be used for development of social or affordable housing by a community housing provider or under a State funded program.

21 October 2022

 

Planning (Secondary Dwellings) Amendment Regulation 2022

The Planning (Secondary Dwellings) Amendment Regulation 2022 amends the Planning Regulation 2017 to:

  • amend the definitions of household, dwelling house, dual occupancy, multiple dwelling and secondary dwelling to ensure that the planning framework is not regulating private living arrangements. This change will also provide state-wide consistency in the way a secondary dwelling may be occupied.

23 September 2022

 

Planning (Economic Support Instruments) Amendment Regulation 2022

The Planning (Economic Support Instruments) Amendment Regulation 2022 amends the Planning Regulation 2017 to extend the expiry date of the economic support instrument provisions until 31 December 2023.

9 September 2022

 

Planning Legislation (Fee Unit Conversion and Other Amounts) Amendment Regulation 2022

The Planning Legislation (Fee Unit Conversion and Other Amounts) Amendment Regulation 2022 (the Amendment Regulation) amends:

  • the expression of development application fees and tribunal fees in the Planning Regulation 2017 from dollars to fee units, in accordance with Queensland Treasury’s Principles for Fees and Charges Policy (PFCP) and the fee unit model under the Acts Interpretation Act 1954 (AIA)
  • the expression of mitigation values and regional interest development application fees in the Regional Planning Interests Regulation 2014 from dollars to fee units, in accordance with the PFCP and the fee unit model under the AIA
  • the prescribed amounts under Schedule 16 of the Planning Regulation 2017 to apply the producer price index (PPI) for construction published by the Australian Bureau of Statistics, in accordance with the Planning Act 2016.

24 June 2022

24 June 2022

1 July 2022

The fee unit value is currently $1.00. From 1 July 2022, the fee unit value will be $1.025 to reflect the 2022-2023 Government Indexation Rate (GIR). The value of the fee unit is prescribed in the Acts Interpretation (Fee Unit) Regulation 2022, which will be updated annually to reflect the GIR.

Prescribed amounts under the Planning Regulation 2017 continue to be expressed as dollar figures, as section 112 of the Planning Act 2016 provides that these are indexed against the PPI. For 2022-203, the indexation rate is 1.31 percent. The indexation rate has been applied to the prescribed amounts and will commence on 1 July 2022.

Planning (State Development Assessment Provisions) Amendment Regulation 2022

The Planning (State Development Assessment Provisions) Amendment Regulation 2022 amends the regulation to:

  • give effect to the State Development Assessment Provisions (SDAP v3.0) which was approved by the Minister on 29 December 2021
  • align the definition of ‘food and drink outlet’ with the provisions of the Liquor Act 1992 to allow for the sale of takeaway liquor from a restaurant or café
  • remove the regulation of living arrangements from ‘rural workers’ accommodation’ and ‘non-resident workforce accommodation’ that is restricting who can occupy these land uses
  • remove the restriction that ‘government supported transport infrastructure’ is for public use, so that it can also be for the public benefit.

18 February 2022

 

Planning (Development in Priority Port’s Master Planned Area) Amendment Regulation 2021

The Planning (Development in Priority Port’s Master Planned Area) Amendment Regulation 2021 provides that the relevant port authority is the assessment manager for development that is completely on strategic port land made assessable by a port overlay for a priority port’s master planned area.

10 December 2021

 

Medicines and Poisons (Medicines) Regulation 2021

The Medicines and Poisons (Medicines) Regulation 2021, Chapter 11, Part 1 contains the relevant amendments to the Planning Regulation 2017. The Planning Regulation amendments include changing the expiry date of the COVID-19 vaccination service provisions from 31 December 2021 to ‘COVID-19 legislation expiry day’ in section 20A, schedule 6 and schedule 7.

27 September 2021

 

Planning Amendment Regulation (No. 1) 2021

The Amendment Regulation amends the Planning Regulation 2017 to:

  • extend the expiry date of the economic support instrument provisions by 12 months until 17 September 2022.
  • make several minor amendments to increase the efficiency of the Planning Regulation. These amendments will clarify provisions relating to the content of planning and development certificates and referral agency requirements for end of trip facilities.

17 September 2021

 

Planning (Public Health Accommodation Facility) Amendment Regulation 2021

The Planning (Public Health Accommodation Facility) amendment Regulation amends the Planning Regulation 2017 to make development other than reconfiguring a lot, for the purpose of accommodating persons to whom a public health direction applies, and where located on an identified lot, not assessable under a local planning instrument under Schedule 6, and accepted development under Schedule 7.

10 September 2021

 

Building Regulation 2021

The Building Regulation 2021, Part 12, Division 3 contains the relevant amendments to the Planning Regulation 2017. The Planning Regulation amendments are confined to updated references and renumbering consistent with provisions in the Building Regulation designed to remove redundant provisions, improve usability and reflect contemporary drafting practice.

1 September 2021

The Planning Regulation amendments are consequential to the amendments to the Building Regulation

Planning Legislation (Fees and Other Amounts) Amendment Regulation 2021

The Amendment Regulation updates the fees and charges in the Planning Regulation 2017 and the Regional Planning Interests Regulation 2014 (RPI Regulation) to reflect annual indexation increases as follows:

Planning Regulation

An increase of 1.7 per cent to the SARA fees, tribunal fees and examples of fees

The amounts in schedule 16 (Prescribed Amount) have been adjusted to account for the latest producer price index for construction 6427.0, index number 3101 - Road and Bridge construction index for Queensland, published by the Australia Bureau of Statistics.

RPI Regulation

An increase of 1.7 per cent to the assessment application fees and mitigation values.

1 July 2021

 

Planning (COVID-19 Vaccination Service) Amendment Regulation 2021

The Amendment Regulation amends the Planning Regulation 2017 to support Queensland’s COVID-19 vaccination program, providing that health care services that provide COVID-19 vaccination services by or for the Commonwealth, state or a public sector entity do not require planning approval for a material change of use.

28 May 2021

 

Planning (Walkable Neighbourhoods) Amendment Regulation 2020

The objective of the Planning (Walkable Neighbourhoods) Amendment Regulation 2020 (the Amendment Regulation) is to ensure new residential neighbourhoods are designed to support comfortable and convenient walking for transport, leisure, recreation and exercise.

The new assessment benchmarks will apply to certain development applications for reconfiguring a lot for residential purposes in certain residential zones.

The assessment manager must assess the development application against certain benchmarks about connectivity, block length, provision of street trees, footpaths and parks and open space.

28 September 2020

See Schedule 12A

Planning Legislation (Fees and Other amounts) Amendment Regulation 2020

The Amendment Regulation updates the fees and charges in both the Planning Regulation 2017 and the Regional Planning Interests Regulation 2014 to reflect annual indexation increases as follows:

Planning Regulation

  • An increase of 1.8 per cent to the SARA fees, tribunal fees and examples of fees
  • The amounts in schedule 16 (Prescribed Amount) have been adjusted to account for the latest producer price index for construction 6427.0, index number 3101 - Road and Bridge construction index for Queensland, published by the Australia Bureau of Statistics

RPI Regulation

  • An increase of 1.8 per cent to the assessment application fees and mitigation values.

28 August 2020

 

Economic Development and Other Legislation (Temporary Use Licence) Amendment Regulation 2020

The Amendment Regulation supports changes that were made in the Public Health and Other Legislation (Public Health Emergency) Amendment Act 2020. Amendments to the Planning Regulation include prescribing:

  • matters that must be included in an application for a temporary use licence
  • that a register of temporary use licences given by the chief executive must be available for inspection and purchase as well as the contents of the register

27 March 2020

 

Nature Conservation and Other Legislation (Koala Protection) Amendment Regulation 2020

The Amendment Regulation introduces new planning controls relating to the koala habitat in South East Queensland, including

  • a definition for interfering with koala habitat
  • prohibition of development interfering with koala habitat in a koala habitat area in koala priority areas
  • SARA assessment or referral agency role for assessment of development interfering with koala habitat in a koala habitat area outside of koala priority areas
  • SARA as assessment manager or referral agency for development for extractive industries in key resource areas when interfering with koala habitat
  • transitional provisions associated with the introduction of the new planning controls
  • assessment benchmarks for proposals on sites containing koala habitat areas, where not interfering with koala habitat
  • assessment benchmarks for development in identified koala broad-hectare areas that continue the general intent of the previous policy applying in these areas
  • consequential changes to administrative definitions to deliver the policy changes
  • an amendment to the definition of the State Development Assessment Provisions (SDAP) to reflect the update to SDAP, commencing 7 February 2020.

7 February 2020

 

Transport Infrastructure and Other Legislation Amendment Regulation 2019

The Amendment Regulation supports changes that have been made to the Transport Infrastructure Act 1994.  Amendments to the Planning Regulation:

  • clarifies that ancillary works and encroachments ‘for a road’ may be eligible to progress as a designation under section 35 of the Planning Act 2016
  • clarifies that certain operational works for ancillary works for a road and development for ancillary works and encroachments for a road carried out by or for the state, is prohibited from being assessable development in planning schemes and other local categorising instruments
  • amends the term in the dictionary (schedule 24) from ‘ancillary works and encroachments’ to ‘ancillary works and encroachments for a road’

13 December 2019

 

Planning (Spit Master Plan and Other Matters) Amendment Regulation 2019

The Amendment Regulation:

introduces provisions for the Spit master plan area, including:

  • a maximum building height of three storeys or 15 metres for certain development located within the Spit building control area
  • assessment managers must have regard to the Spit Master Plan when deciding development applications within the Spit master plan area
  • clarifies that clearing native vegetation for necessary firebreaks and fire management lines, where it meets certain criteria, cannot be made assessable development.
  • gives effect to a new version of the Development Assessment Rules.

6 December 2019

View the ‘Planning Regulation 2017 changes - clearing vegetation for firebreaks and fire management lines’ fact sheet for more information about the vegetation clearing provisions .

Planning (Regulated Requirements and Other Matters) Amendment 2019

The Amendment Regulation confirms the original intended application of the regulated requirements which establish standard requirements for local planning schemes, by clarifying that they are applicable to both local planning schemes made under the Planning Act 2016 and those that were made under the Sustainable Planning Act 2009.

8 November 2019

The amendment aligns the Planning Regulation with provisions in the Sustainable Ports Development Act 2015 to ensure a port overlay cannot regulate certain priority development area development and regulated development for a state development area.

Planning (Infrastructure Charges Register and Other Matters) Amendment Regulation 2019

The Amendment Regulation supports changes to improve local government transparency in infrastructure charging and the planning framework; and remove expired provisions relating to the Guragunbah Development Area which are no longer required.

The commencement of the infrastructure charging provisions in the Amendment Regulation are proposed to be staged, to give local governments sufficient time to prepare for the additional reporting requirements.

4 October 2019

The Amendment Regulation will require local governments to:

  • include additional information in their infrastructure charges register and make these available for inspection, purchase and online
  • provide specific supporting material for local government infrastructure plans (LGIPs)
  • require the forecast infrastructure charges revenue, and trunk infrastructure expenditure, for the current financial year and the next three financial years, to be reported on annually
  • require the actual infrastructure charges revenue, and expenditure, for the previous financial year, to be reported on annually
  • require a list of delivered trunk infrastructure to be updated in the infrastructure charges register
  • make infrastructure charges notices and amended infrastructure charges notices available for inspection, purchase and online.

Planning Legislation (Fees and Other Matters) Amendment Regulation 2019

The Amendment Regulation updates the annual indexation of fees and charges in both the Regional Planning Interests Regulation 2014 and the Planning Regulation.

It also amends the Planning Regulation by:

  • clarifying when dwelling houses and dual occupancies may not be regulated by a local categorising instrument
  • giving effect to the most current version of the State Development Assessment Provisions, and
  • facilitating the timely development of certain youth detention centres in Wacol, Brisbane.

1 July 2019

 

Natural Resources and Other Legislation Amendment Act 2019 (NROLA)

The Court of Appeal judgement (Traspunt No 4 Pty Ltd v Moreton Bay Regional Council [2019] QCA 51) established a narrower interpretation of infrastructure than intended for the vegetation management framework.

The amendment establishes a new definition of infrastructure for the purposes of the essential management and routine management definitions in the Planning Regulation to implement the policy as originally intended.

24 May 2019

The NROLA introduces a new definition of infrastructure for the purposes of the essential management and routine management definitions in Schedule 24 of the Planning Regulation.

Planning (Minor Changes of Use) Amendment Regulation 2019

The amendment regulation extends a sunset clause to continue to support the Container Refund Scheme.

26 April 2019

The amendment regulation extends the sunset clause of the minor change of use provisions until 1 November 2019.

The effect of the amendment is to continue to allow the establishment of particular small-scale container refund operations that might otherwise constitute a material change of use, without the need of a development approval.

Planning (Excluded Development) Amendment Regulation 2019

The Amendment Regulation corrects an unintended change to the definition of ‘excluded development’ in Schedule 24 of thePlanning Regulation.

22 February 2019

The amendment regulation amends the definition of excluded development in Schedule 24 (dictionary) to ensure consistency in the effect of provisions relating to biodiversity development offset areas under the Statutory Guideline 01/10 Biodiversity development offset area – koala conservation.

Planning Amendment Regulation (No. 1) 2018

The Amendment Regulation amends the definition of prescribed land; and amends the definition of the State Development Assessment Provisions to reflect the update which commenced 16 November 2018.

16 November 2018

The Amendment Regulation:

  • amends the definition of prescribed land to align with the Land Act 1994 (Land Act), to ensure development applications involving clearing vegetation in boundary watercourses and boundary lakes (tidal and non-tidal) are captured under the trigger for operational works for vegetation clearing in schedule 10 of the Planning Regulation; and
  • amends the date of the State Development Assessment Provisions to reflect a new revision of the document.

Planning (Container Refund Scheme) Amendment Regulation (No. 2)

The Amendment Regulation supports the implementation of the Container Refund Scheme by further enabling the roll out of the scheme.

19 October 2018

The amendment regulation:

  • identifies additional low risk sites for the purpose of the Container Refund Scheme.
  • allows low risk industrial sites listed under the lot on plan exemption to operate outside of a building to facilitate Container Refund Scheme related activities such as cage collection, and
  • amends the notice requirements to expand the notice period for operators to within 10 days after the use commences.

Planning (Container Refund Scheme) Amendment Regulation 2018

The Amendment Regulation provides that certain uses for the purposes of the Container Refund Scheme are a minor change of use and do not require a development application.

14 September 2018

The amendment includes:

  • new Part 3A (Minor changes of use)
  • new Schedule 5A (minor changes of use)
  • minor change of use for shops participating in Container Refund Scheme
  • minor change of use for low or medium impact industries for the container refund scheme
  • minor change of use for prescribed premises.

Planning Legislation (Fees and Other Matters) Amendment Regulation 2018

The Amendment Regulation amends the Planning Regulation to index fees and prescribed amounts, correct administrative and drafting errors, clarify provisions and improve planning processes.

2 July 2018

The indexation of fees and adopted charges occurs annually, in line with the Government indexation rate and the Queensland Roads and Bridges construction index.

Other amendments to the Planning Regulation:

  • remove the mandatory requirement for local governments to include a statement of compliance in planning schemes, allowing greater flexibility for local governments to identify how a planning scheme complies with a state planning instrument
  • clarify the assessment manager for tidal works
  • reduce the fee charged for development applications referred to the State Assessment and Referral Agency for infrastructure-related referrals
  • clarify the fees applicable for development applications within 100m of a state-controlled road and when a development application is in proximity to more than one state transport corridor
  • clarify the fee applicable for small private prescribed tidal works such as a deck
  • correct various drafting omissions and errors discovered following commencement of the Planning Regulation relating to:
    • the regulation of bores under section 1046 of the Water Act 2000 in Schedule 10
    • ‘Special fire services’ provisions in Schedule 19
    • ‘exempt clearing work’ in in Schedule 21
    • the reference to the Planning Act 2016 in schedule 22 about publicly accessible documents
    • align the definition of exempted development with the now repealed Koala Conservation State Planning Regulatory Provisions
  • ensure consistency between examples listed in the definition of residential zone and zones categorised as ‘residential’ in Schedule 2
  • prescribe the date of State Development Assessment Provisions to reflect a new revision of the document.

Vegetation Management (Thickened Vegetation) and Other Legislation Amendment Regulation 2018

The Amendment Regulation amends the Planning Regulation to remove references to high value agriculture clearing and irrigated high value agriculture clearing, as vegetation clearing for these purposes is prohibited development (i.e. development applications for these purposes cannot be made). This includes:

  • fee provisions in section 33, 34, 35 and 38;
  • assessable development in schedule 10; and
  • definitions in Schedule 24.

18 May 2018

The amendments tothePlanning Regulation are consequential changes to align with the Vegetation Management and Other Legislation Amendment Act 2018, which made vegetation clearing for high value agriculture clearing and irrigated high value agriculture clearing purposes prohibited development under the Regulation.

These changes included the removal of the definitions and development application fees for high value agriculture clearing and irrigated high value agriculture clearing.

Vegetation Management and Other Legislation Amendment Act 2018

This Act amends the Planning Regulation as part of the broader Vegetation Management reform agenda. The amendments to the Planning Regulation include:

  • removing the term thinning and replace it with the term managing thickened vegetation.
  • inclusion of a new section 19A in Schedule 21, part 1, section 1.

Amendment of schedule 21, part 2, section 8(b)(iv) and (v) to expand the exemption for urban purposes in an urban area and the exemption for routine management on land subject to a licence or permit under the Land Act 1994, to include regulated regrowth vegetation.

9 May 2018

The amendment provides for the alignment of the Planning Regulation with the vegetation management reforms.

The inclusion of a new section 19A removes any doubt that clearing in accordance with a restoration notice under the Vegetation Management Act 1999 or an enforcement notice under the Planning Act 2016 is exempt clearing work.

The amendments to schedule 21, part 2, section 8(b)(iv) and (v) are necessary given the regulation of high value regrowth (category C) on occupational licences issued under the Land Act 1994, and to ensure the consistency of application of exemption across various tenures.

Vegetation Management (Clearing Codes) and Other Legislation Amendment Regulation 2018

The Amendment Regulation amends the definition of the State Development Assessment Provisions (SDAP) to reflect the update to SDAP, commencing 9 March 2018.

9 March 2018

The amendment gives effect to an updated version of the State Development Assessment Provisions.

Planning (Community Residence) Amendment Regulation 2017

The Amendment Regulation amends the Planning Regulation to facilitate safe and secure accommodation and support services for young people under 18 as part of a program or service under the Youth Justice Act 1992, in:

  • community residences accommodating up to 6 young people, and
  • supervised accommodation services accommodating from 7 to 20 young people.

27 October 2017

Provided the stated criteria are met, development for the following is not assessable development under a local categorising instrument (e.g. a planning scheme):

  • a community residence, as amended to include accommodation for youths as part of a program or service under the Youth Justice Act 1992, in Centre zones, Community facilities zone, Environmental management and conservation zone, Residential zones, Rural zone, and Rural residential zone, and
  • a supervised accommodation service providing accommodation for youths as part of a program or service under the Youth Justice Act 1992 on lot 409 on SP257441 (within the Wacol institutional precinct).

Planning (Contaminated Land) Amendment Regulation 2017

Amended the Planning Regulation to ensure that site remediation is not required before a development application for a Material Change of Use (MCU) for development assessable under a planning scheme and subject to contaminated land provisions can be made to a local government.

Also includes amendments in relation to the regulatory provisions applying in koala habitat areas, to ensure the repealed South East Queensland Koala Conservation State Planning Regulatory Provisions continue to apply on a like for like basis.

6 October 2017

Previously, certain types of development on contaminated land was prohibited until the contamination matters were dealt with. The practical benefit of the amendment is that applicants will now be able to seek local government approval of a development application for an MCU on contaminated land for development assessable under a planning scheme, prior to undertaking the site remediation. This outcome affords applicants:

  • the ability to avoid significant up-front costs associated with remediation works, and
  • greater certainty by enabling a development approval for an MCU to be in place before site remediation works are required.

The effect of the koala habitat area regulatory provisions was inadvertently changed by the Planning and Other Legislation (South East Queensland Regional Plan and Other Matters) Amendment Regulation 2017 on 11 August 2017, by amending the definition for urban activity and other related definitions on which the koala habitat area regulatory provisions rely. The definitions were amended for the purposes of the South East Queensland Regional Plan 2017 (ShapingSEQ) regulatory provisions in the Planning Regulation 2017. The amended definition of urban activity specifically excluded residential development which was separately defined to provide clearer intent for the regulation of residential development under ShapingSEQ. This change had an unintended consequence for the regulation of development in koala habitat areas, which this amendment corrects.

Coastal Protection and Management Regulation 2017

Consequential amendment of Planning Regulation, amending definition of Coastal Regulation.

1 September 2017

The Coastal Protection and Management Regulation 2017 updates legislative references in the Planning Regulation in relation to development assessment matters for coastal management.

Planning and Other Legislation (South East Queensland Regional Plan and Other Matters) Amendment Regulation 2017

The Amendment Regulation amends the Planning Regulation to support the implementation of the South East Queensland Regional Plan 2017 (ShapingSEQ); and makes other miscellaneous amendments to ensure the effective implementation of regulatory provisions.

11 August 2017

The focus of amendments to the Planning Regulation to support the implementation of ShapingSEQ and other statutory regional plans is to:

  • provide improved clarity and operational effectiveness of the regulatory provisions;
  • reflect the policies of ShapingSEQ; and
  • ensure regional plans are appropriately considered in development assessment.

Other miscellaneous amendments to the Planning Regulation:

  • prescribe amended Development Assessment Rules;
  • clarify provisions for wind farm development;
  • clarify the referral fee for Queensland Fire and Emergency Service (QFES);
  • clarify when clearing native vegetation in non-tidal boundary watercourse land is assessable development;
  • clarify the urban design trigger referral exemption applies to all developments with a preliminary approval, not just preliminary approvals that include a variation approval.’;
  • clarify and remove duplication of chief executive referral fees for development assessment;
  • update the maximum amount for adopted charges for providing truck infrastructure to 2017-18 amounts;
  • minor change to the requirements for publicly accessible documents;
  • change requirements for standard planning and development certificates; and
  • prescribe the commencement date of the revised State Development Assessment Provisions (SDAP).

Planning Regulation

New Planning Regulation to support the operation of the Planning Act 2016, by:

  • prescribing instruments and other matters provided for under the Planning Act 2016
  • providing the mechanics for the operation and implementation of the Planning Act 2016.

3 July 2017

The Planning Regulation prescribes and transitions—

  • prohibited development from the repealed Sustainable Planning Act 2009
  • matters for the assessment of assessable development from the repealed Sustainable Planning Act 2009
  • requirements for the development of public housing from the repealed Sustainable Planning Act 2009
  • regulatory provisions from the State Planning Regulatory Provisions made under the repealed Sustainable Planning Act 2009
  • regulated requirements for local planning instruments (previously the mandatory provisions) from the Queensland Planning Provisions made under the repealed Sustainable Planning Act 2009
  • state-wide codes applying to particular development, from the Queensland Planning Provisions or the State Planning Policy made under the repealed Sustainable Planning Act 2009
  • various process provisions from the repealed Sustainable Planning Act 2009
  • assessment matters previously prescribed under the repealed Sustainable Planning Regulation 2009.

Last updated: 01 Oct 2024