Australia: Planning & Environment Update: Did you know...

Last Updated: 5 August 2016
Article by Mark Baker-Jones
Services: Property & Projects
Industry Focus: Property

Queensland's first wind farm state code and planning guideline have been released?

The Queensland State Government has released Queensland's first wind farm state code (Code), supported by the wind farm state code planning guideline (Guideline), to facilitate quality renewable energy outcomes whilst balancing wind farm proposals against liveability, sustainability and prosperity. The Code and Guideline commenced on 22 July 2016, as part of the State Development Assessment Provisions (version 1.9).

The Queensland State Government has said it developed the Code and Guideline after identifying the need for a consistent, coordinated, whole-of-government approach to the assessment and regulation of wind farms. Local governments previously acted as the assessment manager for wind farm development often without the required technical expertise, and using local government planning schemes that largely failed to address complicated characteristics specific to wind farms.

The Code and Guideline operate to support the Department of Infrastructure, Local Government and Planning, via the State Assessment and Referral Agency, as the assessment manager for Queensland wind farm proposals.

The Code applies to a material change of use for a new or expanding wind farm. The State Government says the purpose of the Code is to protect individuals, communities and the environment from adverse impacts as a result of the construction, operation and decommissioning of wind farm development. The Guideline will assist applicants in preparing development applications for new or expanding wind farm proposals. The Guideline will also provide information to assist applicants in complying with the performance outcomes and acceptable outcomes of the code.

There will be an annual increase to infrastructure charges for new developments in Queensland?

Jackie Trad, Queensland's Minister for Infrastructure, Local Government and Planning, announced last week that infrastructure charges levied by councils on new development approvals will be automatically indexed each year under amendments to the Sustainable Planning Act 2009 (Qld).

Infrastructure charges are the costs developers are required to contribute towards the construction, upgrading and maintenance of infrastructure such as roads, water supply and stormwater infrastructure. Amounts are based on adopted infrastructure charges resolutions implemented by councils.

Often infrastructure charges are not paid until late in the development process and there can be years between a charge being levied on an approval and the charge being paid. Under the current regime there is some scope for councils' adopted infrastructure charges resolutions to allow for an increase in the charges between the date a charge is levied and when it is paid, however the change will automatically index all infrastructure charges for newly approved developments at the start of each financial year.

The Producer Price Index (PPI) will be applied, which is based on increases to the cost of road and bridge construction averaged over the previous three years.

Whilst the change was proposed as part of the new Planning Act 2016 (Qld), due to take effect next year, Ms Trad says the change was brought forward to provide a more immediate boost to infrastructure revenue for councils. It is expected to commence in coming weeks.

The heritage referral trigger is set to return later this year in Queensland?

From later this year, development applications for land adjoining sites listed on the Queensland Heritage Register will again need to be referred to the State Government for assessment, in addition to the usual assessment processes.

Prior to 2012, development applications for land adjoining a Queensland Heritage Place triggered referral to the State Government to consider impacts on heritage values. However, this referral trigger was removed as part of the LNP Government's overhaul of planning legislation and now only applies to development proposed on heritage places.

In making the announcement to reinstate the referral trigger, Queensland's Minister for Infrastructure, Local Government and Planning, said that recent controversy surrounding the approval of a 47-storey tower on land adjoining heritage listed Customs House in Brisbane's CBD has been considered, which drew strong criticism from the Heritage Council and the public for its perceived failure to respect the heritage significance of its neighbour.

When the new regulation commences any development applications for land adjoining any of the approximately 1600 places on the Queensland Heritage Register will need to be referred to the Department of Environment and Heritage Protection under the State Assessment and Referral Agency for technical advice.

Major amendments are proposed to Brisbane City Plan 2014 to cater for the elderly?

Brisbane's Lord Mayor Graham Quirk has acknowledged the need for a broader opportunity for the development of aged care and retirement living facilities in Brisbane, especially in areas close to the city. In his speech to the Council's ordinary meeting on 14 June 2016, the Lord Mayor stated that it is important to offer aged care and retirement living in areas where people are familiar with medical and other services, and where they have long-established friendships.

This concept of 'ageing in place' is becoming increasingly popular, and underpins many policies at all levels of government.

In recognition of this need, the Council has resolved to adopt major amendments to its planning scheme to allow for a more streamlined approach for extending or upgrading existing facilities, as well as to provide for new aged care and retirement living centres in suitable locations. It is expected that a comprehensive policy will be forthcoming in the next few months which will set the framework for potential opportunities across the aged care sector.

This article is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this article. Authors listed may not be admitted in all states and territories

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.