08/0056 - Operational Works - Landscaping (Road Reserve) [As Published] · 142008.56

INTEGRATED PLANNING ACT 1997 Part A, Version 3.0, 3 September 2007

 

Q3

* Asingle development application may involve land both within and outside waters.

* A'watercourse’ is defined by the Water Act 2000, schedule 4 and generally means a river, creek or stream upstream of the point to which high spring
fide ordinarily floes and reflows (untess a regulation has. declared a limit for the watercourse). Generally, a watercourse is in the jurisdiction of the
Oepartment of Natural Resources and Water.

« ‘Tidal water is defined in the Coastal Protection Act 1995 (Schedule) and ‘tidat area’ for a locatgovernment and for strategic port land is defined in
the IPA (schedule 10). Generatty, the area below ‘high-water mark’ (defined by the Coastal Protection Act in relation to high water mark at spring
tides) establishes the boundary of a thdat area.

+ Land below high water mark is not within a local govemment’s area unless provided for under the Local Goverment Act 1993. Untess otherwise
provided for by legislation, a local government has no jurisdiction betow high water mark. A tidal area for strategic port land is within the jurisdiction of
the relevant post authority, while the Environmentat Protection Agency generally has jurisdiction for a local government tidal area. However, the IPA
gives local governments jurisdiction for assessing and deciding apptications for prescribed tidat works within the tidal area for a locat government,
and the planning scheme may be applied to thal assessment (to the extent provided for in the code for prescribed tida! work).

 

« The applicant need not be the owner of the land. However, the applicant is responsible for ensuring the information provided on the Form 1
Application Form (including this Part and any other relevant Part} is correct.

«Ifthe applicant is a company of organisation, a contact person must be nominated.

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

 

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+ Section 3.2.1(5) of the IPA requires evidence of resource entitlement be given for applications involving a prescribed State resource. Schedule 10 of
the integrated Planning Regulation 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 to Integrated Planning Regulation

© Section 3.2. 1(10)(a)(ii) states an application cannot be taken to be:properly made without the required evidence.

» Evidence may be required from more than one Department responsible for a State-owned resource, e.g. from the Environmentat Protection Agency
for quarry materiat below high water mark, and the Department of Natural Resources and Water in relation to the State-owned land above high water
mark..

« Inthe case of applications invoiving 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 entitlement.

+ Inthe case of State-controlled roads, a resource entittement is not required for an activity that is exempt ancillary works or encroachment (identified
by gazette notice under the Transport Infrastructure Act 1994, section 50), or if the activity requires referral to the Department of Main Roads.

 

Qit

* Section 3.2.1(3) of the IPA prescribes that an application must contain, or be supported by, the written consent of the land owner/s, if the application
involves any of the following:

(i) a material change of use;

(li) teconfiguration of a lot;

(iii) work on land below high-water mark and not within a canat as defined under the Coastat Protection and Management Act 1995; or

(iv) work on rail corridor land defined under the Transport Infrastructure Act 1994.

* ‘Owner for the purpose of a lodging an IDAS development application means the person at the time of lodging the application, entitled to receive the
tent for the land (or would be entitled to receive the rent for it if it were let to a tenant at a rent).

¢ Owner's consent is not required for a mobile and temporary ERA.

 

Qi2

Only information not identified in other Parts of Form 1 needs to be listed in this section of Part A.

 

ats

« The Building and Construction Industry Portable Long Service Leave Scheme provides long service leave entitlements to workers in the building and:
construction industry who would be unlikely to accrue enough service with one employer to qualify for long service leave. To fund the scheme, a levy
is collected on all building and construction work carried out in Queensland where the totat cost of the work, whether direct or indirect; is $80,000 or
more inclusive of GST. This amount and other prescribed percentages and rates for calculating the levy are stated in the Building and Construction
Industry (Portable Long Service Leave) Regulation 2002. included in the amount collected by Qteave is.the Workplace Health and Safety Fee and
the Building and Construction Industry Training Levy.

¢ The Building and Construction Industry (Portable Long Service Leave) Act 1994 (PLSL Act) defines the building and construction industry for the
purposes of the levy and includes, for example, renovating, relocating, constructing, altering, demolishing, maintaining or repairing buitdings, poots,
toads, jetties, pipelines, fences or earthworks, and works for subdividing, irrigating. or draining land.

« The PLSL Act requires the portable long service leave tevy (PLSt levy) be paid-before the assessment manager may give a development permit for
certain building or operational work. The assessment manager must sight an approved form issued by QLeave advising of the status of the payment
of the levy.

+ Building and Construction industry Notification and Payment Forms are avaiable from any Queensland post office or agency, on request from
QLeave, or can be completed on the QLeave website at www.qleave.ald.qov.au

* For further information contact QLeave (Tet. 1800 803 481 Web: waw.gleave.qid.qov.au )

 

 

 

 

Privacy Statement

The information collected on Form 1 wilt be used by the Department of Local Government, Panning, Sport and Recreation in accordance

with the processing and assessment of your Application, Your personal details will not be disclosed for a purpose outside of the IDAS process,
except where required by legisiation (including the Freedom of information Act 1992) or as.required by Parliament. This information may be
stored in a Department of Local Government, Planning, Sport and Recreation database. The information collected will be retained as required
by the Public Records Act 2002. For further informatian on your privacy, contact the Privacy Contact Officer for the Departmant of Local
Government, Planning, Sport and Recreation at (07) 3237 1860.