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Part B LA08 Application for owners consent to development applications

of 6

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 1.    Is the development application for reconfiguration of a lot as outlined below held under the Land Act 1994 tenure?


                                                Yes                                                    Application cannot be considered


                                           ✔ No                                                        go to 2
 Reconfiguration of land administered under the Land Act 1994 e.g. subdivision of a lease, including a freeholding lease, issue of a trustee
 lease of a reserve, is not assessed under the provisions of the Planning Act 2016 - you will need to make the relevant application to deal with
 the land under the Land Act 1994. However, for a deed of grant in trust in some circumstances e.g. for a trustee lease with a term of more
 than 10 years, a development application under Planning Act 2016 may also be required.

 2.    Is your development application for tidal works for a structure e.g. a jetty, pontoon or boat ramp for residential use
       adjoining private land outside of a canal and not within a declared fish habitat area?


                                                Yes           Your application may qualify for FastTrack5 or otherwise
                                                              must be lodged with the Department of Environment and Science


                                           ✔ No                go to 3
  If the proposed development is for a structure such as a jetty, pontoon or boat ramp for residential use adjoining private land outside of a
 canal your application may qualify for FastTrack5 at https://planning.statedevelopment.qld.gov.au/planning-framework/state-assessment-and-
 referral-agency/state-development-assessment-provisions-sdap, or otherwise, the Environmental business unit of Department of Environment
 and Science <https://www.des.qld.gov.au/> gives owners consent. No owners consent is required for development applications for tidal
 works within a canal, as defined under the Coastal Protection and Management Act 1995.

 If your application is for tidal works partly or wholly within a declared fish habitat area under the Fisheries Act 1994, contact the Department
 of Agriculture and Fisheries <https://www.daf.qld.gov.au/business-priorities/fisheries/habitats>.

 3.    Is this application for a material change of use on state land for quarry material administered under the Forestry Act
       1959?


                                                Yes        go to 4 (see note below)


                                          ✔ No             go to 4
 You will need to contact Forest Products within Department of Agriculture and Fisheries or you can call 13 25 23.

 4.    Owners consent is required to be given by Department of Resources for a Material Change of Use or works on premises
       that are below high-water mark and are outside a canal over land listed below.

  Please select the following if applicable to your development application:


  ✔ a lease (including a freeholding lease), a reserve or deed of grant in trust under the Land Act 1994 held by Department
        of Resources on behalf of the state as the lessee or trustee of the land.

       a lease under the Land Act 1994 (including a freeholding lease), a reserve if the lessee or trustee is not or does not
       represent the state.

       strategic port land under the Transport Infrastructure Act 1994, other than freehold land.

       a permit to occupy or licence under the Land Act 1994.

       land that is in fee simple (freehold) held by the Department of Resources on behalf of the state.

  ✔ unallocated state land under the Land Act 1994
        including land below high water mark – other than as outlined in question two of this application form.

       a non-tidal boundary watercourse or land under the Water Act 2000.

       a road (other than a state controlled road) or stock route                                                                 go to 5


LA08       2023/01                                                                                                                  Page 3 of 6
                                           © The State of Queensland (Department of Resources)
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Part B LA08 Application for owners consent to development applications.pdf · 310 KB (small file)

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