20080490 - Decision Notice [As Published] · 112008.490

INTEGRATED PLANNING ACT 1997

; Part A, Version 31,3 March 2003
Details of the premises

The term ‘premises' is defined by the IPA, schedule 10 to mean a building or other structure, and land (whether or not’a building oc other
Structure is situated on the land). The term ‘land is also defined to include the estate in, on, over of under the fand.

Detaits of the land are not required if the application involves a mobile and temporary Enviconmentatly Relevant Activity only. Instead complete
Table A.

‘The premises may be identified in a number of ways —

+ Steet address and fot on plan are most common and will apply to most appfications.

+ Coordinates may provide the best means of accurately identifying the location of development proposed in waters, or on a relaivety small
development site distant from property boundaries on a large lot. Sufficient coordinates need to be provided to identify the boundary of the
Preméses the subject of the appfication. Eastings and northings using GDAS4 datuin is preferred, but fongitude and latitude and other
(specified) datum such as Zone Reference or GS84 may be provided. :

The definition of ‘water body and ‘watercourse’ can vary from Act to Act.

StrategicPortl andis within a local goverriment area but a local govemments planning scheme does not apply onStrategicPortLand.
StrategicPortLandis declared under the Trensport Infrastructure Act 1994. For further information go to IDAS Guide 11 (Development on
Strategic port land) and the Queensland Transport (Ports) website. .

‘Tidal water is defined in the Coastal Protection and Management Act 1995 (Schedule) and “tidal area’ for a local government and for strategic
Port land is defined in the IPA (schedule 10). Gerieraily, the area below ‘high-water mark’ (defined by the Coastal Act in relation lo high water
mark at spring tides) establishes the boundary of a tidal area. Land below high water mark is not within a focal government's area untess
provided for under the Loca! Government Act 1993. Unless otherwise provided fer by legislation, a local goverment has no jurisdiction below
high water mark. A tidal area for strategic port tand is within the jurisdiction of the relevant port authority, while the Environmenta Protection
Agency generally has jurisdiction for a focal government tidal area. However, the IPA gives local governments jurisdiction for assessing and

deciding applications for prescribed tidal works within the local goverment tidal area, and the planning scheme may be applied that
assessment (to the extent provided for in the code for prescribed tidal work).

 

Resource entitlement

Section 3.2.15} of the IPA requires evidence of resource entiftement be given for applications if they invotve taking or interfering with a
prescribed State resource.. Schedute 10 of the Integrated Planning Regutation 1998 (IPR) prescribes the State resources, including State-
owned land, where evidence is required to be given, and the evidence required to support the application. Link fo integrated Planning
Regulation. Section 3.2.1(10Xa}(i) states an application cannot be taken te be property made without the required evidence. :

For applications involving the taking or interfering with water under the Water Act, the development application may be made at the same
time as the request for resource entitement, and the Department of Natural Resources and Water will accept the application as property made,
For State-controtled roads, a resource entitlement is not required for an activity that is exempt ancillary works or encroachment (identified by
gazette notice under the Transport infrastructure Act 1994, sectidn 50), or if the activity requires referral to the Department of Main Roads.
Evidence may be required from more than one Department responsible for a State-owned resource, e.g. from the Environmental Protection

Agency for quarry material below high water mark, and the Department of Natural Resources and Water in relation to the State-owned land
above high water mark. . ., .

 

Owner's consent

Section 3.2.1(3) of the IPA prescribes that an apptication must contain, or be supported by, the written consent of the land owners, if the

application involves: a material change of use; reconfiguration of a fot: work on land below high-water mark and not within a canat as defined
under the Coastal Protection and Management Act 1995; or work on rail corridor land defined under the Transport Infrastructure Act 1994.

Evidence of this consent may need to be provided before the application will be accepted as property made by the Assessmeni Manager, during
the processes of the application or in the event of an appeal about the outcome of the application.

“Owmer for the purpose of a lodging an IDAS development apptication means the person at the time of lodging the application, enfited to
receive the rent for the land (or would be entitled to receive the rent for it i were let to a tenant at a rent).

Templates are available from the IPA website for the provision of owner's consent as an attachment to.this form. However other documentation

may be used for providing owner's consent provided itis clear the documentation relates to the development application for the premises.
Owner's consent, if required, must be provided even i the applicant is the owner. Owner's consent is not required for a mobile and temporary
ERA. :

 

 

Portable Long Service Leave (PLSL) Levy

The Building and Construction Industry Portable Long Service Leave Scheme provides fong service leave entitlements to workers in the building
and construction industry who would be unlikely to acctue enough service with one employer to qualify for long service leave. To fund the
scheme, a Porlable Long Service Leave Levy (PLSL levy) is collected on certain building and construction work carried out inQueenstand.

The PLSL levy amount and other prescribed percentages and rates for calculating the fevy are stated in the Building and Construction Industry
(Portable Long Service Leave) Regulation 2002. Included in the amount collected by QLeave is the Workplace Health and Safety Fee and the
Building and Construction Industry TrainingLevy. : |

The Building and Construction Industry (Portable Long Service Leave) Act 1991 (PLSL Act) defines the building and construction work subject to!
the PLSL levy and includes renovating, relocating, constructing, altering, demolishing, maintaining or repairing buildings, pools, roads, jetties,
Pipelines, fences or earthworks, and works for subdividing, irrigating or draining land.

The PLSL levy need not be paid when the application is made, but the PLSL Act sequires the levy to be paid before a development permit may
be issued.

The Assessment Manager must sight an approved form issued by QLeave advising of the status of the payment of the PLSL levy. Building and
Construction Industry Notification and Payment Forms are available from anyQueenslandpost office or agency, on request from QLeave, or can

be completed on the QLeave website al ww gleave.gid.gov.au. For further information contact QLeave (Tel: 1800 803 481 Web:
www, qleave.qid.gov.au ) :