08/0022 - MCU - Detached House [As Published] · 132008.22

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

 

Q3

A single development application may involve land both within and outside waters.

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

‘Tidal! water’ is defined in the Coastal Protection Act 1995 (Schedule) and ‘tidal area’ for a tocal government and for strategic port land is
defined in the IPA (schedule 10). Generally, 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 tidal area.

Land below high water mark is not within a local government's area unless provided for under the Local Goverment Act 1993. Unless
otherwise provided for by legislation, a local government has no jurisdiction below high water mark. A tidal area for strategic port land is
within the jurisdiction of the relevant port authority, while the Environmental Protection Agency generally has jurisdiction for a local
government tidal area. However, the IPA gives local governments jurisdiction for assessing and deciding applications for prescribed tidal
works within the tidal area for a local government, and the planning scheme may be applied to that assessment {to the extent provided
for in the code for prescribed tidal! work),

 

Qg

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 (inciuding this Part and any other relevant Part) is correct.

If the applicant is a company or 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 appeal about the outcome of the application.

 

Q10

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 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..

In the case of 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 entitlement.

In the case of State-controfled 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, section 50), or if the activity requires referral to
the Department of Main Roads.

 

Q11

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) amaternal change of use;

(ii) reconfiguration of a jot;

{iit} work on land below high-water mark and not within a canal as defined under the Coastal Protection and Management Act 1995; or
(iv) work on rail corridor land defined under the Transport infrastructure Act 1994.

‘Owner ior the purpose of a lodging an IDAS development application means the person at the time of lodging the application, entitled to
receive the rent 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.

 

Qt2

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

 

Q13

 

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 ieave. To
fund the scheme, a levy is collected on all building and construction work carried out in Queensland where the total 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) Regutation 2002. Included in the amount
collected by QLeave 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 1991 (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
buildings, pools, roads, jetties, pipelines, fences or earthworks, and works for subdividing, irrigating or draining land.

The PLSL Act requires the portable long service leave levy (PLSL 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 available from any Queenstand post office or agency, on request
from QLeave, or can be completed on the QLeave website at www.qleave.qid.gov.au

For further information contact QLeave (Tel: 1800 803 481 Web: www.gleave.qid.qov.au )

 

 

Privacy Statement

 

The information collected on Form 7 will be used by the Department of Local Government, Planning, 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 legislation {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 information on your privacy, contact the Privacy Contact Officer for
the Department of Local Government, Planning, Sport and Recreation at (07) 3237 1860.

 

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