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Schedule 3 Assessable Development
Checklist 2—Material change of use
(Sustainable Planning Act 2009 version 3.0 effective 1 July 2013)

This checklist only applies when the development application seeks approval for a material change of use of premises.
Before completing this checklist, please complete Checklist 1—Various aspects of development.

You may complete this checklist as part of your development application. The checklist will:
•     help you identify whether you need to make a development application for the proposed development
•     help you identify the relevant Integrated Development Assessment System (IDAS) forms you need to complete as
      part of your application
•     assist in identifying the assessment manager or referral agency for development that is assessable development
      under schedule 3 of the Sustainable Planning Regulation 2009.

If your development involves reconfiguring a lot, building work or operational work, it is recommended you complete the
relevant checklists: Checklist 3—Reconfiguring a lot, Checklist 4—Operational or Checklist 5—Building work, where
relevant.

If you are unsure how to answer any questions on this checklist, phone or visit your local government, or go to the
Department of State Development, Infrastructure and Planning’s (DSDIP) website at www.dsdip.qld.gov.au

All terms used in this checklist have the meaning given in the Sustainable Planning Act 2009 or the Sustainable
Planning Regulation 2009.

Part 1—General questions

1.1    Is the proposed material change of use of premises for a brothel?

✔     No        •    Continue to question 1.2
      Yes       •    Complete part 2 of this checklist

1.2    Is the proposed material change of use of premises on strategic port land?

✔     No        •    Continue to question 1.3
      Yes       •    Complete part 3 of this checklist

1.3    Is the proposed material change of use of premises on airport land?

✔     No        •    Continue to question 1.4
      Yes       •    Complete part 4 of this checklist

1.4    Is the proposed material change of use of premises for a major hazard facility or proposed major hazard
       facility?

✔     No        •    Continue to question 1.5
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      Yes     •    A development permit is required.
              •    The chief executive of DSDIP will be assessment manager or concurrence agency for the
                   development application.
              •    You must complete IDAS form 22—Major hazard facility.

Section reference:
•     Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 5
•     Sustainable Planning Regulation 2009, schedule 6, table 3, item 4
•     Sustainable Planning Regulation 2009, schedule 7, table 2, item 8

1.5    Is the proposed material change of use of a potentially affected premises?

✔     No      •    Continue to question 1.6
      Yes     •    Complete part 5 of this checklist

1.6    Is the proposed development a potentially sensitive material change of use of premises?

✔     No      •    Continue to question 1.7
      Yes     •    Complete part 6 of this checklist

1.7    Is the proposed material change of use of premises for aquaculture?

✔     No      •    Continue to question 1.8
      Yes     •    Complete part 7 of this checklist

1.8    Is the proposed material change of use of premises in a wild river area and is the proposed use for
       agricultural activities or animal husbandry activities (as defined under the Wild Rivers Act 2005)?

✔     No      •    Continue to question 1.9
      Yes     •    Complete part 8 of this checklist

1.9    Is the proposed material change of use of premises for an environmentally relevant activity that, under
       the Environmental Protection Regulation 2008, section 16, is identified as a concurrence ERA (the
       relevant ERA)?

✔     No      •    End of part 1 of checklist
      Yes     •    Complete part 9 of this checklist

Part 2—Brothel

2.1    Do any of the following apply?

More than five rooms in the proposed brothel are proposed to be used for providing prostitution.            Yes       No
Any land, the subject of the development, is in, or within 200 metres of the closest point on any           Yes       No
boundary of, a primarily residential area, or an area approved for residential development or
intended to be residential in character (measured according to the shortest route a person may
reasonably and lawfully take, by vehicle or on foot, between the land the subject of the
development and the other land).




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Page 3

Any land, the subject of the development, is within 200 metres of the closest point on any                    Yes       No
boundary of land on which there is a residential building, place of worship, hospital, school,
kindergarten or any other facility or place regularly frequented by children for recreational or
cultural activities (measured according to the shortest route a person may reasonably and lawfully
take, by vehicle or on foot, between the land the subject of the development and the other land).
Any land, the subject of the development, is within 100 metres of the closest point on any                    Yes       No
boundary of land on which there is a residential building, place of worship, hospital, school,
kindergarten or any other facility or place regularly frequented by children for recreational or
cultural activities, measured in a straight line.
The land, the subject of the development, is in a town with a population of less than 25 000, the             Yes       No
local government for the local government area has required that all material changes of use for
such development within the area be prohibited, and the Minister has agreed that the development
should be prohibited.

•     If yes to any of the above, this aspect of the development is prohibited development and a development
      application cannot be made.
•     If no to all of the above, a development permit is required. You must complete IDAS form 9—Brothel, and submit
      your application to the local government if the development is completely in a single local government area.

Section reference:
•     Sustainable Planning Regulation 2009, schedule 3, part 1 , table 2, item 2
•     Sustainable Planning Regulation 2009, schedule 6, table 1, item 1(a)(iv)
•     Sustainable Planning Act 2009, schedule 1, item 5

Part 3—Strategic port land

3.1    Do any of the following apply?

The proposed material change of use of premises is inconsistent with the land use plan approved               Yes       No
under the Transport Infrastructure Act 1994.
The proposed material change of use of premises is assessable development under the land use                  Yes       No
plan approved under the Transport Infrastructure Act 1994, but is not inconsistent with it.

•     If yes to either of the above, a development permit is required. The port authority may be the assessment
      manager for the development application (see schedule 6 of the Sustainable Planning Regulation 2009).
•     If the proposed material change of use of premises is inconsistent with the land use plan, you are also required to
      refer the application to the Minister under the Transport Infrastructure Act 1994 as concurrence agency.
•     You must complete IDAS Form 10—Inconsistent development on strategic port land or Brisbane core port land.

Section reference:
•     Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 3
•     Sustainable Planning Regulation 2009, schedule 3, part 1, table 5, item 6
•     Sustainable Planning Regulation 2009, schedule 6
•     Sustainable Planning Regulation 2009, schedule 7, table 2, item 6

Part 4—Airport land

4.1    Do any of the following apply?

The proposed material change of use of premises is inconsistent with the land use plan approved               Yes       No
under the Airport Assets (Restructuring and Disposal) Act 2008.




                                                                                            Checklist 2—Material change of use
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The proposed material change of use of premises is assessable development under the land use                     Yes       No
plan approved under the Airport Assets (Restructuring and Disposal) Act 2008 for the airport land,
but is not inconsistent with it.

•     If yes to either of the above, a development permit is required for this aspect of development. The chief executive
      of DSDIP may be the assessment manager (see schedule 6 of the Sustainable Planning Regulation 2009).
•     If the proposed material change of use of premises is inconsistent with the land use plan approved under the
      Airport Assets (Restructuring and Disposal) Act 2008, you are also required to refer the application to the chief
      executive of DSDIP as concurrence agency, if the chief executive of DSDIP is not the assessment manager.
•     You must complete IDAS Form 5—Material change of use assessable against a planning scheme.

Section reference:
•     Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 4
•     Sustainable Planning Regulation 2009, schedule 3, part 2, table 5, item 7
•     Sustainable Planning Regulation 2009, schedule 6
•     Sustainable Planning Regulation 2009, schedule 7, table 2, item 7

Part 5—Potentially affected premises

5.1    Do any of the following apply?

A suitability statement has been given for the premises, a site management plan has been                         Yes       No
approved in relation to the proposed use and the material change of use only involves:
•     the fit-out of a building, or
•     minor site excavation (e.g. post holes for open-sided non-habitable structures).
The proposed use is industrial and only involves minor site excavation (e.g. post holes for open-                Yes       No
sided non-habitable structures).

•     If no to both of the above:
      - A development permit is required for this aspect of development
      - The development application will require assessment by the chief executive of DSDIP, as assessment manager
          or concurrence agency
      - You must complete IDAS form 24—Contaminated land
•     If yes to either of the above, this aspect of development is not assessable development but it is recommended that
      you provide a copy of any suitability statement or approved site management plan to the assessment manager to
      support your claim for exemption if any other aspects of your proposed use are assessable development.

Section reference:
•     Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 6
•     Sustainable Planning Regulation 2009, schedule 6
•     Sustainable Planning Regulation 2009, schedule 7, table 2, item 23

Part 6—Potentially sensitive material change of use

6.1    Do either of the following apply?

All or part of the premises is used for, or if there is no existing use, was last used for, an industrial        Yes       No
activity (other than a mining activity or chapter 5A activity).
All or part of the premises is in an area for which an area management advice has been given for                 Yes       No
natural mineralisation or industrial activity (other than for a mining activity or a chapter 5A activity).




                                                                                               Checklist 2—Material change of use
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•     If yes to either of the above:
      - A development permit is required
      - The development application requires assessment by the chief executive of DSDIP as assessment manager or
          concurrence agency
      - You must complete IDAS form 24—Contaminated land
•     If no to all of the above, this aspect of development does not require a development permit.

Section reference:
•     Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 7
•     Sustainable Planning Regulation 2009, schedule 6
•     Sustainable Planning Regulation 2009, schedule 7, table 2, item 23

Part 7—Aquaculture

7.1    Will the proposed material change of use of premises for aquaculture cause discharge of waste into
       Queensland waters (as defined in section 36 of the Acts Interpretation Act 1954) ?

      No      •    Continue to question 7.2
      Yes     •    Go to question 7.3

7.2    Do any of the following apply?

The aquaculture is:                                                                                  Yes       No
•     of indigenous freshwater fish species mentioned in the Fisheries Regulation 2008,
      schedule 10C
•     in a catchment listed in that schedule for that species for aquarium display or human
      consumption only
•     carried out in ponds, or using above-ground tanks, that have a total water surface area
      of no more than five hectares.
The aquaculture is of indigenous freshwater fish for aquarium display or human                       Yes       No
consumption only, or non-indigenous freshwater fish for aquarium display only, and is
carried out using only above-ground tanks that have:
                                                                        2
•     a floor area, excluding water storage area, of no more than 50m
•     a roof impervious to rainwater.
The aquaculture is of indigenous marine fish for aquarium display only and is carried out            Yes       No
using only above-ground tanks that have a total floor area, excluding water storage areas,
                     2
of no more than 50m .

•     If no to all of the above, continue to question 7.3
•     If yes to any of the above, a development permit is not required for this aspect of development, but the proposed
      material change of use will be self assessable development and must comply with applicable codes

7.3    Is any part of the proposed material change of use of premises for aquaculture intended to be located in
       a wild river area?

      No      •    A development permit is required for this aspect of development and this aspect of development
                   requires assessment by the chief executive of DSDIP as assessment manager or concurrence
                   agency
              •    You must complete IDAS form 25—Aquaculture
              •    End of part 7 of this checklist



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      Yes     •    Continue to question 7.4

7.4    Is the proposed material change of use of premises for aquaculture in a wild river high preservation area
       or wild river special floodplain management area?

      No      •    Continue to question 7.5
      Yes     •    To the extent the development is in a wild river high preservation area or wild river special floodplain
                   management area, this aspect of development is prohibited development and a development
                   application cannot be made. If this is the only aspect of development, then that is the end of part 7 of
                   this checklist, otherwise continue to question 7.5

7.5    Is any part of the proposed material change of use of premises on land to which a property development
       plan under the Wild Rivers Act 2005 applies?

      No      •    A development permit is required for this aspect of development and this aspect of development
                   requires assessment by the chief executive of DSDIP as assessment manager or concurrence
                   agency
              •    You must complete IDAS form 25—Aquaculture
              •    End of part 7 of this checklist
      Yes     •    Continue to question 7.6

7.6    Is the proposed material change of use inconsistent with the property development plan under the Wild
       Rivers Act 2005?

      No      •    A development permit is required for this aspect of development and this aspect of development
                   requires assessment by the chief executive of DSDIP as assessment manager or concurrence
                   agency
              •    You must complete IDAS form 25—Aquaculture
              •    End of part 7 of this checklist
      Yes     •    This aspect of development is prohibited development and a development application can not be
                   made for this aspect of development
              •    End of part 7 of this checklist

Section reference:
•     Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 10
•     Sustainable Planning Regulation 2009, schedule 3, part 2, table 2, item 1
•     Sustainable Planning Regulation 2009, schedule 6
•     Sustainable Planning Regulation 2009, schedule 7, table 2, item 28
•     Sustainable Planning Act 2009, schedule 1, items 2 and 6

Part 8—Agriculture and animal husbandry activities

8.1    Is the proposed material change of use of premises for animal husbandry activities in a wild river high
       preservation area or wild river special floodplain management area?

      No      •    Continue to question 8.2
      Yes     •    To the extent the development is in a wild river high preservation area or wild river special floodplain
                   management area, it is prohibited development and a development application cannot be made. If
                   this is the only aspect of development, end of part 8 of this checklist, otherwise continue to question
                   8.2



                                                                                            Checklist 2—Material change of use
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8.2    Is the proposed material change of use of premises for agricultural activities in any of the following?

•     A wild river high preservation area                                                                  Yes       No
•     A wild river preservation area or wild river special floodplain management area and the              Yes       No
      development involves the production of a high risk species
•     A wild river special floodplain management area and the development is for agricultural              Yes       No
      activities that involve irrigation

•     If yes to any of the above, this aspect of development is prohibited development and a development application
      cannot be made. If this is the only aspect of development, end of part 8 of checklist, otherwise continue to
      question 8.3
•     If no to all of the above, continue to question 8.3

8.3    Will the development be carried out on land to which a property development plan under the Wild Rivers
       Act 2005 applies?

      No      •    A development permit is required and this application requires assessment by the chief executive of
                   DSDIP as assessment manager or concurrence agency
              •    Your application must include IDAS form 29—Agricultural activities in a wild river area or IDAS form
                   30—Animal husbandry activities in a wild river area
      Yes     •    Continue to question 8.4

8.4    Is the development inconsistent with any property development plan that applies to the land?

      Yes     •    This aspect of the development is prohibited development and a development application cannot be
                   made. End of part 8 of checklist
      No      •    A development permit is required and this application requires assessment by the chief executive of
                   DSDIP as assessment manager or referral agency
              •    Your application must include IDAS form 29—Agricultural activities in a wild river area or IDAS form
                   30—Animal husbandry activities in a wild river area

Section reference:
•     Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 11
•     Sustainable Planning Regulation 2009, schedule 6
•     Sustainable Planning Regulation 2009, schedule 7, table 2, item 41
•     Sustainable Planning Act 2009, schedule 1, items 1 and 2

Part 9—Environmentally relevant activities (ERA)

9.1    Has an environmental authority to carry out a concurrence ERA been approved for the premises?

      No      •    Continue to question 9.4
      Yes     •    Continue to question 9.2

9.2    Is the relevant ERA and the concurrence ERA approved under the environmental authority to be carried
       out under the environmental authority?

      No      •    Continue to question 9.4
      Yes     •    Continue to question 9.3



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9.3    Does the relevant ERA have a lower aggregate environmental score than the concurrence ERA approved
       under the environmental authority, under the Environmental Protection Regulation 2008, section 14(1)?

      No      •    Continue to question 9.4
      Yes     •    This aspect of development does not require a development permit. End of checklist

9.4    Do all of the following apply?

The environmentally relevant activity is to be carried out in the North Stradbroke Island Region.           Yes       No
The environmentally relevant activity is mentioned in the Environmental Protection Regulation               Yes       No
2008, schedule 2, part 4, section 16.
The environmentally relevant activity involves dredging or extracting more than 10 000 tonnes of            Yes       No
material a year.

•     If yes to all of the above, this aspect of development is prohibited development (to the extent it involves dredging
      or extracting more than 10000 tonnes of material a year) and a development application cannot be made. If this is
      the only aspect of development, end of checklist, otherwise continue to question 9.5
•     If no to any of the above, continue to question 9.5

9.5    Is any part of the proposed material change of use of premises for an environmentally relevant activity
       intended to be located in a wild river area?

      No      •    Go to question 9.14
      Yes     •    Continue to question 9.6

9.6    Does the proposed development involve development in waters in a wild river area that is for an
       extraction ERA?

      No      •    Go to question 9.8
      Yes     •    Continue to question 9.7

9.7    Will the development application for the proposed development be accompanied by an allocation
       notice?

      No      •    This aspect of development is prohibited development and a development application cannot be
                   made. If this is the only aspect of development, end of checklist, otherwise continue to question 9.8
      Yes     •    Continue to question 9.8

9.8    Does the proposed development involve development in a wild river high preservation area or a wild
       river special floodplain management area?

      No      •    Go to question 9.10
      Yes     •    Continue to question 9.9

9.9    Is the proposed development any of the following?

A sewage ERA under the Environmental Protection Act 1994, section 174(4)                                    Yes       No
A water treatment ERA under the Environmental Protection Act 1994, section 174(4)                           Yes       No



                                                                                          Checklist 2—Material change of use
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Page 9

A dredging ERA                                                                                                Yes       No
An extraction ERA, if the activity is a low impact activity carried out outside waters and is for             Yes       No
specified works, residential complexes, or another commercial, industrial or residential purpose in
a designated urban area, in the wild river high preservation area or a wild river special floodplain
management area
A screening ERA, if the activity is carried out outside waters and is for specified works, or                 Yes       No
residential complexes, in the wild river high preservation area or a wild river special floodplain
management area
A crude oil or petroleum product storage ERA, if the activity is for residential complexes in the wild        Yes       No
river high preservation area or a wild river special floodplain management area, and is carried out
outside a designated urban area
An exempt prescribed ERA under the Environmental Protection Act 1994, section 174(4), in a                    Yes       No
designated urban area

•    If yes to any of the above, continue to question 9.10
•    If no to all of the above, this aspect of development is prohibited development and a development application
     cannot be made. If this is the only aspect of development, end of checklist, otherwise continue to question 9.10

9.10 Does the proposed development involve an extraction ERA in a wild river floodplain management area?

✔    No      •    Go to question 9.12
     Yes     •    Continue to question 9.11

9.11 Is the proposed development either of the following?

A low impact activity carried out outside waters                                                              Yes       No
For specified works, residential complexes, or another commercial, industrial or residential                  Yes       No
purpose in a designated urban area, in the wild river floodplain management area

•    If yes to either of the above, continue to question 9.12
•    If no to all of the above, this aspect of development is prohibited development and a development application
     cannot be made. If this is the only aspect of development, end of checklist, otherwise continue to question 9.12

9.12 Will the development be carried out on land to which a property development plan under the Wild Rivers
     Act 2005 applies?

     No      •    Go to question 9.14
     Yes     •    Continue to question 9.13

9.13 Is the development inconsistent with any property development plan that applies to the land?

     Yes     •    This aspect of the development is prohibited development and a development application cannot be
                  made. End of checklist
     No      •    Continue to question 9.14

9.14 Is the concurrence ERA devolved to local government under the Environmental Protection Regulation
     2008?




                                                                                            Checklist 2—Material change of use
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Page 10

          No       •    A development permit is required and this application requires assessment by the chief executive of
                        DSDIP as assessment manager or concurrence agency
                   •    Your application must include IDAS form 8—Environmentally relevant activity
                   •    End of checklist
          Yes      •    A development permit is required and this application requires assessment by the local government
                        as assessment manager or concurrence agency
                   •    End of checklist

    Section reference:
    •    Sustainable Planning Regulation 2009, schedule 3, part 1, table 2, item 1
    •    Sustainable Planning Regulation 2009, schedule 6
    •    Sustainable Planning Regulation 2009, schedule 7, table 2, item 1
    •    Sustainable Planning Act 2009, schedule 1, items 2, 9, 10, 11 and 13



    Privacy—Please refer to your assessment manager, referral agency and/or building certifier for further details
    on the use of information recorded in this form.

    Disclaimer:
    While DSDIP believes that the information contained on this checklist and provided as part of this process will be of
    assistance to you, it is provided on the basis that you will not rely on the information. It is your responsibility to make
    your own enquiries regarding the interpretation and application of the applicable legislation to your circumstances.

    To the full extent permitted by law, DSDIP expressly disclaims all liability (including but not limited to liability for
    negligence) for errors or omissions of any kind or for any loss (including direct and indirect losses), damage or other
    consequence which may arise from your reliance on this process and the information contained on this checklist.




    OFFICE USE ONLY

    Date received                                              Reference numbers



    The Sustainable Planning Act 2009 is administered by DSDIP. This checklist and all other required application
    materials should be sent to your assessment manager and any referral agency.




Department of State Development, Infrastructure and Planning
PO Box 15009 City East Qld 4002
tel 13 QGOV (13 74 68)
[email protected]                                                                            Checklist 2—Material change of use
                                                                                                            Version 3.0—1 July 2013
www.dsdip.qld.gov.au

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