Guide to the Sustainable Planning Act
The Sustainable Planning Act 2009 (SPA) () was amended by the Sustainable Planning and Other Legislation Amendment Act (No. 2) 2012 (SPOLAA (No. 2) 2012) which was given assent on 22 November 2012.
SPOLAA (No. 2) 2012 is the result of extensive consultation with local government, the property and construction industry and the environmental sector. SPOLAA (No. 2) 2012 delivers on the government's commitment to restoring efficiency, consistency and certainty to the planning and development system. For further information on the SPOLAA (No. 2) 2012 refer to the Queensland Legislation website.
SPOLAA is the result of the first regular review of the SPA and includes amendments that clarify, simplify or improve operational arrangements for the planning and development framework.
The Sustainable Planning Act 2009 replaces the Integrated Planning Act 1997.
SPA seeks to achieve sustainable planning outcomes through:
- managing the process by which development takes place
- managing the effects of development on the environment
- continuing the coordination and integration of local, regional and state planning.
Sustainable Planning Regulation
The Sustainable Planning Regulation 2009 () commenced on 18 December 2009, and supports the operation of the Sustainable Planning Act 2009.
A number of recent sustainable planning amendment regulations amend the Sustainable Planning Regulation 2009:
The Sustainable Planning Regulation 2009 (SP Regulation) was amended by the Sustainable Planning Amendment Regulation (No. 7) 2013 on Friday 29 November 2013. These amendments take effect on 2 December 2013.
The amendments result in the following changes:
- removing references to the former topic-based state planning policies
- as a result of the implementation of the new State Planning Policy, enabling local governments to assess certain state transport infrastructure and strategic airports and aviation facilities
- reflecting the updated version of the State Development Assessment Provisions (version 1.1) (SDAP)
- providing for the new statutory guideline 01/13 Making and amending local planning instruments
- removing reference to declared catchment areas, consistent with the Land, Water and Other Legislation Amendment Act 2013
- enabling the chief executive of the Sustainable Planning Act 2009 (SPA) to identify an 'urban area'
- reflecting reforms under the Vegetation Management Framework Amendment Act 2013 including changing assessment trigger requirements to reduce the number of smaller-scale development applications, introducing application fees for new clearing purposes and updating some existing ones to align with the assessment trigger changes, and introducing and broadening exemptions, and
- accurately reflecting relevant provisions and triggers in order to improve State Assessment and Referral Agency (SARA) operations by:
- removing superseded provisions that reflect old referral arrangements to state agencies
- correcting and clarifying applicable fees for certain applications
- clarifying the codes that apply to development in wild river area for clearing native vegetation
- ensuring that exemption certificates can be granted where works are considered to have an insignificant impact on coastal management
- reducing the number of referrals to SARA for the construction and operation of certain works that take or interfere with water in a watercourse, lake or spring.
The Sustainable Planning Regulation 2009 was amended by the Sustainable Planning Amendment Regulation (No. 6) 2013 on Friday 11 October 2013.
The amendments made the following changes:
- inserting new section 10B in table 5 of Schedule 4, which provides an exemption from development assessment against the Moreton Bay Regional Council planning scheme for all aspects of development for the construction of the Moreton Bay Rail Link project. The exemption means that assessment or development approval under the planning scheme will not be required, but any other state assessments or approvals will continue to apply e.g. building work and coastal approvals; and
- amendments to schedules 5, 7 and 26 to clarify a number of Integrated Development Assessment System (IDAS) provisions applying to various transport related development applications, to ensure that the State Assessment and Referral Agency (SARA) operates as intended and that development applications are referred and assessed as required.
The Sustainable Planning Regulation 2009 was amended by the Sustainable Planning Amendment Regulation (No. 5) 2013 on Friday 30 August 2013.
The amendments will result in exemptions for development for the purposes of G20 radiocommunications works, other than for building work regulated under the Building Act 1975, carried out on or before 30 June 2015, by:
- insertion of a new section 9A which clarifies that development for the purposes of G20 radiocommunications works is not assessable or self-assessable development
- amendment of schedule 4 to ensure that development for the purposes of the G20 radiocommunications works is exempt under local planning instruments
- amendment of schedule 18 to ensure that subdivision of 1 lot into 2 for the purposes of G20 radiocommunications works is not subject to compliance assessment, and
- insertion of new definitions to support the exemption for G20 radiocommunications works. G20 radiocommunications works means radiocommunications infrastructure or equipment to be constructed, installed or used as part of the Government Wireless Network for the G20 meetings to be held in Queensland in 2014.
The amendments also amend schedule 7A, part 2, items 12 to 22 to clarify the circumstances where development application and assessment fees are payable for aquaculture or fisheries development applications, to ensure that the correct fees will apply as intended. The amendment has not resulted in any increase in fees.
The Sustainable Planning Regulation 2009 was amended by the Sustainable Planning Amendment Regulation (No. 4) 2013 on Friday 2 August 2013.
The amendments made the following changes:
- amendment of schedule 13A (Excluded matters for Strategic Cropping Land (SCL) or potential SCL concurrence agency jurisdiction) to include aquaculture, community infrastructure mentioned in schedule 2, and saleyards. The amendment will exclude these matters from concurrence agency jurisdiction for the assessment of impacts on SCL or potential SCL
- amendment of schedule 24 (Clearing of native vegetation - not assessable development under schedule 3, part 1, table 4, item 1) to include new items under part 1 (Clearing and other activities or matters - general) for clearing vegetation for an airport-related purpose on airport premises, and clearing vegetation for community infrastructure mentioned in schedule 2. The amendment exempts these developments from vegetation management assessment
- inserting relevant definitions supporting the operation of the provisions for airport premises, airport-related purpose, livestock, and saleyard.
The Sustainable Planning Regulation 2009 was amended by the Sustainable Planning Amendment Regulation (No. 3) 2013 on 1 July 2013.
The amendments establish the administrative arrangements, development assessment fees and assessment criteria required to support the effective operation of the State Assessment and Referral Agency (SARA), which commenced on 1 July 2013. SARA will deliver a coordinated, whole-of-government approach to the state's assessment of development applications.
The Sustainable Planning Regulation 2009 was amended by the Sustainable Planning Amendment Regulation (no. 2) 2013 on 12 April 2013.
The amendments enable the timely delivery of new high school facilities under the Flying Start for Queensland Children program by reducing the regulatory burden for non-state schools. Schedule 4, table 5, item 12A is amended to remove the minimum 50% state government funding requirement, instead requiring that a minimum of 50% of the gross floor area of a development is for the purpose of Fflying Sstart development.
The amendment also enables an exemption for new development under the Flying Start program that occurs in an existing building footprint, that does not disrupt koala habitat under the South East Queensland Koala Conservation State Planning Regulatory Provision. This will ensure the timely delivery of appropriate development for new year 7 students.
Other amendments to the Sustainable Planning Regulation 2009 are necessary for the purpose of updating legislative references, including references to the Geothermal Energy Act 2010 and the the Aurukun and Mornington Shire Leases Act 1978.
The Sustainable Planning Regulation 2009 was amended by the Sustainable Planning Amendment Regulation (No. 1) 2013 on 15 March 2013.
The amendments result in significant improvements to referrals and other development assessment processes under the Sustainable Planning Act framework. Some amendments commenced on 15 March 2013, including:
- simplified and reduced transport related referrals for relevant development applications (to commence on 25 March 2013)
- simplified referrals for applications involving contaminated land
- simplified and reduced referrals for applications for coastal development
- removal of referrals for applications involving declared significant projects on strategic cropping land
- removal of referrals for applications under regional plans other than the South East Queensland Regional Plan
- reduced public notification periods for certain development so that it aligns with the general notification requirement of 15 business days
- the chief executive under the Environmental Protection Act 1994 prescribed as the assessment manager for applications involving an environmentally relevant activity and vegetation clearing
- removal of redundant provisions, including those relating to evidence of state resource allocation
- the regulation made consistent with assessment categories that may be prescribed for development under an airport land use plan.
Amendments to simplify and reduce transport related referrals for relevant development applications commence on 25 March 2013.
On 14 December 2012, the Sustainable Planning Amendment Regulation (No. 8) 2012 amended the Sustainable Planning Regulation 2009 to repeal Statutory Guideline 03/09-Declared master planned area structure plans.
This means that structure plans for declared master planned areas will now be required to be transitioned into local government planning schemes by following the process outlined in Statutory Guideline 02/12 - Making and amending local planning instruments (MALPI) ( 376 KB). The amendment also includes new definitions in the regulation for terms that are no longer defined in the Sustainable Planning Act 2009 (SPA), due to the removal of the planning partnership arrangements.
Materials currently available
- IDAS forms and checklists
- Interactive versions of IDAS forms and checklists
- Building and Dispute Resolution Committees forms and guidelines
- Compliance assessment state planning policy and fact sheets
- Fact sheets about the Sustainable Planning Act
- Development assessment process and IDAS flow charts
- Queensland Planning Provisions
- Priority infrastructure plan templates and statutory guidelines
- Public notification forms and guides
- Sustainable planning forms and templates (excluding IDAS forms)
- Standard conditions for deemed approvals and fact sheet
- Statutory guidelines
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