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 |
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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 | |
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 | |
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:
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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:
| 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:
| 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:
| 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:
| 14 March 2023 | |
Planning Amendment Regulation 2022
| The Planning Amendment Regulation 2022 amends the Planning Regulation 2017 to:
| 16 December 2022 | |
The Planning (Rooming Accommodation) Amendment Regulation 2022 amends the Planning Regulation 2017 to:
| 2 December 2022 | ||
The Planning (Emergency Housing) Amendment Regulation 2022 amends the Planning Regulation 2017 to:
| 21 October 2022 | ||
The Planning (Secondary Dwellings) Amendment Regulation 2022 amends the Planning Regulation 2017 to:
| 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:
| 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:
| 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 | |
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 | ||
The Amendment Regulation amends the Planning Regulation 2017 to:
| 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 | |
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
RPI Regulation
| 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:
| 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
| 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:
| 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:
| 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:
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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:
| 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. |
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. | |
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. | |
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:
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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:
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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:
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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:
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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:
| 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:
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. |
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:
| 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):
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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 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. |
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:
Other miscellaneous amendments to the Planning Regulation:
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| New Planning Regulation to support the operation of the Planning Act 2016, by:
| 3 July 2017 | The Planning Regulation prescribes and transitions—
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Last updated: 01 Oct 2024