09/1065 - Prescribed Tidal Works - Transport Type 5 - Domestic Marine [As Published] · 142009.1065

 

INTEGRATED PLANNING ACT 1997 Part A, Version 3.1, 3 March 2008

 

Resource entitlement

Section 3.2.1(5) of the IPA requires evidence of resource entitlement be given for applications if they invotve taking or interfering with 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 appfication. Link to Integrated Planning
Regutation. Section 3.2.1(10)(a)(ii) states an application cannot be taken to be property made without the required evidence.

For appfications 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, and the Department of Natural Resources and Water will accept the application as property made.
For State-controfled roads, a resource entitterent 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.
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 PA prescribes that an application 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 canal as defined
under the Coastal Protection and Management Act 1995; or work on rail corridor land defined under the Transport Infrastructure Act 1994.
Evidence af 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 appfication or in the event of an appeal about the outcome of the application.

“Owner for the purpose of a lodging an IDAS development application means the person at the time of lodging the application, entitled to
Teceive 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).

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 it is clear the documentation relates to the development application for the premises.
Owner's consent, if required, must be provided even if 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 tong 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 Portable Long Service Leave Levy (PLSL levy) is collected on certain building and construction work carried out inQueensland.

The PLSL levy amount and other prescribed percentages and rates for calculating the levy are stated in the Building and Construction Industry
(Portable Long Service Leave) Reguiation 2002. included in the amount collected by QLeave is the Workplace Health and Safety Fee and the
Building and Construction IndustryTrainingLevy.

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 tand.

The PLSL levy need not be paid when the application is made, but the PLSL Act requires 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 fevy, 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 at www.gleave.qld.gov.au. For further information contact QLeave (Tel: 1800 803 481 Web:

www. gleave.qid.gov.au )