Reference Document - RAL26/0011 (As Published)

4. Bushfire Regulatory Framework
4.1      State Planning Policy
In QLD, bushfire legislation and all other development-related regulations are regulated under the Planning Act 2016 (PA), which
represents the principal planning instrument governing all planning matters state-wide (DILGP 2017).
Under the PA's framework, development regulation is driven by the QLD State Planning Policy (SPP), which identifies matters of
state interest (State of Queensland 2017). According to the PA's requirements, all local government entities must incorporate
matters of state interest within local government planning instruments.
A proposed development within a designated bushfire-prone area is identified in the SPP as a matter of state interest, included
under the title 'Natural Hazards, Risk and Resilience'. As such, the SPP represents the primary planning instrument, subordinate
to the PA, related to bushfire hazard management in QLD. The current SPP identifies a bushfire hazard area as (State of
Queensland 2017):




An area identified by a local government in its planning scheme as a bushfire hazard
area based on a fit-for-purpose bushfire study; or

An area designated as a bushfire hazard on the SPP Interactive Mapping System.


Given the above definition, both the State and Local Government have the ability under the SPP to identify and map bushfire
hazard areas as a development constraint (Leonard et al. 2009).
In addition to the material provided in the SPP, the policy is supported by the State Planning Policy Interest Guidance Material
(DSDMIP 2019), which includes the State's example bushfire-prone areas code. Where a local government planning instrument
has not been prepared under the SPP or where the local planning scheme is not relevant to the application, the ‘example’s code
takes precedence to ensure the State interest is addressed appropriately. Both the SPP and the SPP guidance material are
supported by the QFD document Bushfire Resilient Communities Technical Reference Guide for the State Planning Policy State
Interest ‘Natural Hazards, Risk and Resilience – Bushfire’ (QFD 2019) that provides the best practice methods under which to
undertake a bushfire hazard assessment in line with the SPP outcomes.
Section 5.1 below discusses the State Government’s assessment of bushfire hazard for the subject site.

4.2      Local Planning Scheme
Notwithstanding the above, at a functional level, Local Government planning schemes provide the actual development
constraints and opportunities within their development codes and zoning considerations. Each LGA has its own interpretation
of the SPP guidelines, but all are designed to represent the state interest (where up to date) in this and all state interest matters.
This site is subject to the provisions of the Noosa Plan 2020 (NP2020), particularly Section 8.2.3 Bushfire Hazard Overlay Code,
which has the primary purpose of managing the potential bushfire risk associated with assessable development appropriately.
Section 5.1 below discusses the Local Government's assessment of bushfire hazard for the subject site.



4.3      National Construction Code
The National Construction Code 2022 (NCC) establishes primary technical and construction provisions for new buildings within
Australia. The code establishes performance-based standards to ensure minimum levels of safety, health, amenity, accessibility,
and sustainability in building classifications, in accordance with the purpose for which the structure is designed or intended for
use.
Part H7 of the NCC defines ancillary provisions and additional construction requirements that operate alongside other parts of
the NCC relevant to construction in bushfire-prone areas. The functional statement H7F4 states that a Class 1 building, a Class

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