For declared fish habitat area

For assessing building work against the Fisheries Act 1994, building work in a declared fish habitat area if it is not self-assessable development.

For an environmentally relevant activity

1

(a) a mining activity; or

(b) a chapter 5A activity; or

(c) a mobile and temporary environmentally relevant activity; or

(d) an environmentally relevant activity, or aspects of an environmentally relevant activity, for which a code of environmental compliance has been made under a regulation under the Environmental Protection Act 1994; or

(e) in an urban development area.

For a brothel

On strategic port land

3

Making a material change of use of premises on strategic port land that is inconsistent with the land use plan approved under the Transport Infrastructure Act 1994, section 286 (Approval of land use plans).

On airport land

3A

Making a material change of use of premises on airport land that is inconsistent with the land use plan approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1.

For a major hazard facility

4

Making a material change of use of premises for a major hazard facility or possible major hazard facility as defined under the Dangerous Goods Safety Management Act 2001.

Contaminated land management

5

Making a material change of use of premises if all or part of the land forming part of the premises is on the environmental management register or contaminated land register under the Environmental Protection Act 1994, unless--

(a) a suitability statement has been given and a site management plan has been approved for the land for the intended use and the application only involves--

(i) the fit-out of a building on the land; or

(ii) minor site excavation, including, for example, post holes for open-sided non-habitable structures; or

(b) there is currently a notifiable activity on the land and the activity is continuing; or

(c) the proposed use is industrial and only involves minor site excavation, including, for example, post holes for open-sided non-habitable structures; or

(d) the land is used for a mining activity or chapter 5A activity; or

(e) the land is in an urban development area.

6

Making a material change of use of premises, other than premises in an urban development area, if all or part of the land forming part of the premises is used for, or if there is no existing use was last used for--

(a) a notifiable activity; or

(b) an industrial activity (other than for a mining activity or chapter 5A activity), and the proposed use is for child care, educational, recreational or residential purposes, including a caretaker residence on industrial land;

unless for paragraph (a)--

(c) a suitability statement, removing the land from the environmental management register, has been given under the Environmental Protection Act 1994 for the existing use, or if there is no existing use, the last use, and the following both apply--

(i) no new notifiable activity has occurred on the land since the suitability statement was issued;

(ii) the land is not otherwise contaminated by a hazardous contaminant; or

(d) a suitability statement has been given, and a site management plan has been approved, for the land for the intended use, and the application involves only--

(i) the fit-out of a building on the land; or

(ii) minor site excavation, including, for example, post holes for open-sided non-habitable structures; or

(e) the land is used for a mining activity or chapter 5A activity.

7

Making a material change of use of premises, other than premises in an urban development area, if all or part of the premises is in an area for which an area management advice has been given for natural mineralisation or industrial activity (other than for a mining activity or chapter 5A activity), and the proposed use is for child care, educational, recreational or residential purposes, including a caretaker residence on industrial land.

For aquaculture

8

For assessing a material change of use of premises against the Fisheries Act 1994, making a material change of use of premises for aquaculture if it is not self-assessable development.

For public passenger transport

9

Making a material change of use of premises, other than premises in an urban development area, prescribed under a regulation for this table.

For railways

10

Making a material change of use of premises, other than premises in an urban development area, prescribed under a regulation for this table.

For a wild river area

Under the Land Title Act 1994

1

Reconfiguring a lot under the Land Title Act 1994, unless the plan of subdivision necessary for the reconfiguration--

(a) is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or

(b) is for the amalgamation of 2 or more lots; or

(c) is for the incorporation, under the Body Corporate and Community Management Act 1997, section 41, of a lot with common property for a community titles scheme; or

(d) is for the conversion, under the Body Corporate and Community Management Act 1997, section 43, of lessee common property within the meaning of that Act to a lot in a community titles scheme; or

(e) is in relation to the acquisition, including by agreement, under the Acquisition of Land Act 1967 or otherwise, of land by--

(i) a constructing authority, as defined under that Act, for a purpose set out in parts 1 to 13 (other than part 10, second dot point) of the schedule to that Act; or

(ii) an authorised electricity entity; or

(f) is in relation to land held by the State, or a statutory body representing the State and the land is being subdivided for a purpose set out in the Acquisition of Land Act 1967, schedule, parts 1 to 13 (other than part 10, second dot point) whether or not the land relates to an acquisition; or

(g) is for the reconfiguration of a lot comprising strategic port land as defined in the Transport Infrastructure Act 1994; or

(h) is for the reconfiguration of a South Bank lot within the corporation area under the South Bank Corporation Act 1989; or

(i) is for the Transport Infrastructure Act 1994, section 240; or

(j) is in relation to the acquisition of land for a water infrastructure facility; or

(k) is in relation to land in an urban development area.

For clearing native vegetation on freehold land and indigenous land

1A

Operational work that is the clearing of native vegetation on freehold land and indigenous land, unless the clearing is--

(a) the clearing of vegetation to which VMA does not apply; or

(b) for a forest practice, other than on indigenous land on which the State owns the trees; or

(c) to the extent necessary for building on a lot, other than indigenous land, a single residence, and any reasonably associated building or structure, if the building of the residence--

(i) is building work for which a development permit for a building development application has been issued; or

(ii) is building work mentioned in part 2, table 1, item 1; or

(iii) is development to which chapter 5, part 6 applies; or

(ca) to the extent necessary for building residences on indigenous land, and any reasonably associated building or structure, for Aboriginal or Torres Strait Islander inhabitants of the land or persons providing educational, health, police or other community services for the inhabitants if the building of the residences--

(i) is building work for which a development permit for a building development application has been issued; or

(ii) is building work mentioned in part 2, table 1, item 1; or

(iii) is development to which chapter 5, part 6 applies; or

(d) necessary for essential management; or

(e) in an area shown on a property map of assessable vegetation as a category X area; or

(f) in an area for which there is no property map of assessable vegetation and the vegetation is not remnant vegetation; or

(g) for urban purposes in an urban area that is--

(i) shown on a property map of assessable vegetation as a category 2 area or a category 3 area; or

(ii) if there is no property map of assessable vegetation for the area--a remnant of concern regional ecosystem or a remnant not of concern regional ecosystem; or

(ga) for urban purposes in an urban area in a wild river high preservation area and the vegetation is--

(i) a remnant of concern regional ecosystem; or

(ii) a remnant not of concern regional ecosystem; or

(iii) not remnant vegetation; or

(h) necessary for routine management in an area of the land--

(i) shown on a property map of assessable vegetation as a category 3 area; or

(ii) for which there is no property map of assessable vegetation and the vegetation is a remnant not of concern regional ecosystem; or

(i) on indigenous land, gathering, digging or removing forest products for--

(i) the purpose of improving the land or for use under the Local Government (Aboriginal Lands) Act 1978, section 28; or

(ii) use under the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 62; or

(j) for a specified activity; or

(k) in an urban development area; or

(l) on airport land and the operational work--

(i) is consistent with the land use plan approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1 for the land; and

(ii) is carried out on land that is not stated, under the land use plan, to remain undeveloped land.

For clearing native vegetation on leasehold land used for agriculture or grazing

1B

Operational work that is the clearing of native vegetation on land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes, unless the clearing is--

(a) the clearing of vegetation to which VMA does not apply; or

(b) to the extent necessary, for building on a lot a single residence, and any reasonably associated building or structure, if the building of the residence--

(i) is building work for which a development permit for a building development application has been issued; or

(ii) is building work mentioned in part 2, table 1, item 1; or

(iii) is development to which chapter 5, part 6 applies; or

(c) necessary for essential management; or

(d) in an area shown on a property map of assessable vegetation as a category X area; or

(e) in an area for which there is no property map of assessable vegetation and the vegetation is not remnant vegetation and the area has been cleared after 31 December 1989; or

(f) necessary for routine management in an area of the land--

(i) shown on a property map of assessable vegetation as a category 3 area or category 4 area; or

(ii) for which there is no property map of assessable vegetation, and the vegetation is a remnant not of concern regional ecosystem or the vegetation is not remnant vegetation; or

(g) for a specified activity.

For clearing native vegetation on land that is subject to a lease under the Land Act 1994, other than a lease used for agriculture or grazing

1C

Operational work that is the clearing of native vegetation on land, other than land in an urban development area, subject to a lease under the Land Act 1994, other than a lease issued for agriculture or grazing purposes, unless the clearing is consistent with the purpose of the lease and is--

(a) the clearing of vegetation to which VMA does not apply; or

(b) to the extent necessary, for building on a lot a single residence, and any reasonably associated building or structure, if the building of the residence--

(i) is building work for which a development permit for a building development application has been issued; or

(ii) is building work mentioned in part 2, table 1, item 1; or

(iii) is development to which chapter 5, part 6 applies; or

(c) necessary for essential management; or

(d) in an area shown on a property map of assessable vegetation as a category X area; or

(e) for rental category 3.1, 3.2, 4, 5, 8.2, 9.1 and 9.2 leases under the Land Regulation 1995 in an area for which there is no property map of assessable vegetation and the vegetation is not remnant vegetation; or

(f) for a specified activity.

For clearing native vegetation on a road under the Land Act 1994

1D

Operational work that is the clearing of native vegetation on a road under the Land Act 1994, unless the clearing is--

(a) carried out by a local government and is--

(i) necessary to construct road infrastructure or to source construction material for roads; or

(ii) in an urban area and the vegetation is a remnant not of concern regional ecosystem or the vegetation is not remnant vegetation; or

(iii) for an activity approved by the chief executive administering VMA; or

(b) necessary to remove or reduce the imminent risk that the vegetation poses of serious personal injury or damage to infrastructure; or

(c) by fire under the Fire and Rescue Service Act 1990 to reduce hazardous fuel load; or

(d) necessary to maintain infrastructure located on the road, other than fences; or

(e) necessary to maintain an existing boundary fence to the maximum width of 1.5m; or

(f) necessary for reasonable access to adjoining land from the existing formed road for a maximum distance of 100m with a maximum width of 10m; or

(g) necessary to maintain an existing firebreak or garden located on the road; or

(h) for a specified activity; or

(i) in an urban development area.

For clearing native vegetation on trust land under the Land Act 1994

1E

Operational work that is the clearing of native vegetation on trust land under the Land Act 1994, other than indigenous land, unless the clearing is--

(a) by the trustee and is--

(i) necessary for essential management; or

(ii) in an area shown on a property map of assessable vegetation as a category X area; or

(iii) in an area for which there is no property map of assessable vegetation and the vegetation is not remnant vegetation; or

(iv) for an activity approved by the chief executive administering VMA; or

(b) for a specified activity; or

(c) in an urban development area.

For clearing native vegetation on unallocated State land under the Land Act 1994

1F

Operational work that is the clearing of native vegetation on unallocated State land under the Land Act 1994, unless the clearing is--

(a) carried out by the chief executive administering that Act and is necessary for--

(i) essential management; or

(ii) the control of non-native plants or declared pests; or

(b) for a specified activity; or

(c) in an urban development area.

For clearing native vegetation on land that is subject to a licence or permit under the Land Act 1994

1G

Operational work that is the clearing of native vegetation on land that is subject to a license or permit under the Land Act 1994, unless the clearing is--

(a) carried out by the licensee or permittee and is necessary for essential management; or

(b) for a specified activity.

Associated with reconfiguration

2

Operational works for the reconfiguration of a lot, other than a lot in an urban development area, if the reconfiguration is also assessable development.

For taking, or interfering with, water

3

Operational work of any kind, other than in an urban development area, and for all things constructed or installed that allow the taking, or interfering with, water (other than using a water truck to pump water) under the Water Act 2000, if the operations allow, under that Act--

(a) taking or interfering with, water from a watercourse, lake or spring (other than under the Water Act 2000, section 20(2), (3) or (5)) or from a dam constructed on a watercourse or lake if it is not self-assessable development;

(b) taking, or interfering with, artesian water under the Water Act 2000; or

(c) taking, or interfering with--

(i) overland flow water, if the operations are mentioned as assessable development in a water resource plan under the Water Act 2000, a wild river declaration or prescribed under a regulation under this Act or the Water Act 2000;

(ii) subartesian water, if the operations are mentioned as assessable development in a water resource plan under the Water Act 2000, a wild river declaration or prescribed under a regulation under this Act or the Water Act 2000;

(d) interfering with overland flow water in an area declared under the Water Act 2000 to be a drainage and embankment area if the operations are declared under that Act or a wild river declaration to be assessable development.

For a referrable dam

4

Operational work that--

(a) is the construction of a referrable dam as defined under the Water Supply Act; or

(b) will increase the storage capacity of a referrable dam by more than 10%.

For tidal work or work within a coastal management district

(a) tidal work; or

(b) any of the following carried out completely or partly within a coastal management district--

(i) interfering with quarry material on State coastal land above high-water mark;

(ii) disposing of dredge spoil or other solid waste material in tidal water;

(iii) draining or allowing drainage or flow of water or other matter across State coastal land above high-water mark;

(iv) constructing or installing works in a watercourse and not assessable under item 3 or 4;

(v) reclaiming land under tidal water;

(vi) constructing an artificial waterway associated with the reconfiguration of a lot;

(vii) constructing an artificial waterway not associated with the reconfiguring of a lot on land, other than State coastal land, above high-water mark if the maximum surface area of water on the waterway is at least 5000m2;

(viii) constructing a bank or bund wall to establish a ponded pasture on land, other than State coastal land, above high-water mark;

(ix) removing or interfering with coastal dunes on land, other than State coastal land, that is in a erosion prone area and above high-water mark; or

(c) carried out in an urban development area.

For constructing or raising waterway barrier works

6

For assessing operational work against the Fisheries Act 1994, operational work that is the constructing or raising of a waterway barrier works if it is not self-assessable development.

For works in a declared fish habitat area

7

For assessing operational work against the Fisheries Act 1994, operational work completely or partly within a declared fish habitat area if it is not self-assessable development.

For removal, destruction or damage of marine plants

8

For assessing operational work against the Fisheries Act 1994, operational work that is the removal, destruction or damage of a marine plant if it is not self-assessable development and not in an urban development area.

For railways

9

Operational work, other than operational work in an urban development area, prescribed under a regulation for this table.

Operational work for agricultural or animal husbandry activities, as defined under the Wild Rivers Act 2005, in a wild river area if the operations are declared, under the wild river declaration for the area, to be assessable development.

1

All aspects of development for removing quarry material from a watercourse or lake as defined under the Water Act 2000, other than in an urban development area, if an allocation notice is required under that Act.

Development on Queensland heritage place

2

All aspects of development on a Queensland heritage place, other than development--

(a) for which an exemption certificate under the Queensland Heritage Act 1992 has been issued; or

(b) that, under section 78 of that Act, is liturgical development; or

(c) carried out by the State; or

(d) in an urban development area.

Development on local heritage place

2A

All aspects of development on a local heritage place, other than--

(a) development that is self-assessable development under part 2, table 1, item 1; or

(b) development to which chapter 5, part 6 applies; or

(c) development carried out by the State on designated land; or

(d) development mentioned in schedule 9.

For an environmentally relevant activity

3

A mobile and temporary environmentally relevant activity for which a code of environmental compliance has not been made under a regulation under the Environmental Protection Act 1994.

4

An environmentally relevant activity (other than a mining activity or a chapter 5A activity) for which a code of environmental compliance has been made under a regulation under the Environmental Protection Act 1994, but only to the extent development for the activity is in a wild river area.

By the State, a public sector entity or a local government

1

Building work carried out by or on behalf of the State, a public sector entity or a local government, other than building work declared under the Building Act 1975 to be exempt development.

For declared fish habitat area

3

For assessing building work against the Fisheries Act 1994, building work in a declared fish habitat area if the work is reasonably necessary for--

(a) the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type--

(i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs;

(ii) existing powerlines or associated powerline infrastructure; or

(b) educational or research purposes relating to the fish habitat area; or

(c) monitoring the impact of development on the declared fish habitat area; or

(d) the construction of structures, including, for example, safety signs, swimming enclosures and aids to navigation, if--

(i) the impact on the area is minor; and

(ii) the structures are constructed in compliance with all the requirements, under any Act, relating to a structure of that type.

For aquaculture

1

For assessing a material change of use of premises against the Fisheries Act 1994, making a material change of use of premises for aquaculture, other than in a wild river area, if the change of use of premises does not cause the discharge of waste into Queensland waters and the aquaculture--

(a) is--

(i) of indigenous freshwater fish species listed in the Fisheries (Freshwater) Management Plan 1999, schedule 6; and

(ii) in a catchment listed in that schedule for that species for aquarium display or human consumption only; and

(iii) carried out in ponds, or using above-ground tanks, that have a total water surface area of no more than 5ha; or

(b) is of indigenous freshwater fish for aquarium display or human consumption only, or nonindigenous freshwater fish for aquarium display only, and is carried out using only above-ground tanks that have--

(i) a floor area, excluding water storage area, of no more than 50m2; and

(ii) a roof impervious to rain water; or

(c) is of indigenous marine fish for aquarium display only and is carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 50m2.

For taking or interfering with, water

Operational work of any kind, other than in an urban development area, and for all things constructed or installed that allow the taking of, or interfering with, water (other than using a water truck to pump water) under the Water Act 2000, if the operations allow, under that Act--

(a) taking water from a watercourse, lake or spring under the Water Act 2000, section 20(3); or

(b) taking, or interfering with--

(i) water in a watercourse, lake or spring, other than under section 20(2), (3) or (5), of the Water Act 2000, if the operations are mentioned as self-assessable development in a water resource plan under the Water Act 2000 or, a wild river declaration or are prescribed under a regulation under this Act or the Water Act 2000; or

(ii) overland flow water, if the operations are mentioned as self-assessable development in a water resource plan under the Water Act 2000, a wild river declaration or prescribed under a regulation under this Act or the Water Act 2000;

(iii) subartesian water, if the operations are mentioned as self-assessable development in a water resource plan under the Water Act 2000, a wild river declaration or prescribed under a regulation under this Act or the Water Act 2000;

(c) interfering with overland flow water in an area declared under the Water Act 2000 to be a drainage and embankment area if the operations are declared under that Act or a wild river declaration to be self-assessable development.

For assessing operational work against the Fisheries Act 1994, operational work for constructing or raising a waterway barrier works, other than in a wild river area, if the waterway barrier works is--

(a) temporary; or

(b) minor; or

(c) rebuilt on a regular basis.

For works in a declared fish habitat area

3

For assessing operational work against the Fisheries Act 1994, operational work completely or partly within a declared fish habitat area if the works are reasonably necessary for--

(a) the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type--

(i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs;

(ii) existing powerlines or associated powerline infrastructure; or

(b) educational or research purposes relating to the fish habitat area; or

(c) monitoring the impact of development on the declared fish habitat area; or

(d) the construction or placement of structures, including, for example, safety signs, swimming enclosures and aids to navigation, if--

(i) the impact on the area is minor; and

(ii) the structures are constructed in compliance with all the requirements, under any Act, relating to a structure of that type; or

(e) public benefit works, including, for example, the construction of runnels for mosquito control, the removal of Lyngbya and seed collection for site rehabilitation, if the impact on the area is minor.

For the removal, destruction or damage of marine plants

4

For assessing operational work against the Fisheries Act 1994, operational work that is the removal, destruction or damage of marine plants if the removal, destruction or damage--

(a) is of dead marine wood on unallocated State land, other than in a wild river area, for trade or commerce; or

(b) is reasonably necessary for the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type--

(i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs;

(ii) existing drainage structures;

(iii) existing powerlines or associated powerline infrastructure; or

(c) is reasonably necessary for educational or research purposes or for monitoring the impact of development on marine plants; or

(d) is reasonably necessary for the construction or placement of structures, including, for example, swimming enclosures, safety signs, aids to navigation, fences, pontoons, public boat ramps and pipelines, if--

(i) the extent of the removal, destruction or damage is minor; and

(ii) the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type; or

(e) is reasonably necessary for the construction of runnels for mosquito control, removal of Lyngbya, seed collection for site rehabilitation or the collection of marine plants for fishing bait, or handicraft.

For local government roads

5

For assessing road works on a local government road, other than in an urban development area, under the Transport Planning and Coordination Act 1994, section 8C, operational works that are road works on a local government road.

For an environmentally relevant activity

1

(a) a mining activity; or

(b) a mobile and temporary environmentally relevant activity; or

(c) a chapter 5A activity.