On 11 September 2026, the Planning Amendment Regulation 2026 (Amendment Regulation) commenced, amending the Planning Regulation 2017. The key amendments reduce certain State referral triggers, clarify the treatment of solar farms and battery storage facilities under local government planning schemes, and include transitional provisions for properly made applications not yet decided.
SARA referral triggers reduced
The Amendment Regulation has removed the number of development applications referred to the State Assessment and Referral Agency (SARA) by:
- removing the requirements for a referral when a development application is made on a premises subject to a Ministerial Infrastructure Designation (MID)
- removing the requirement for a referral to the Office of the Queensland Government Architect for significant developments that have not sought advice on urban design outcomes
- expanding the list of prescribed water storage infrastructure in Schedule 23B that does not require assessment for waterway barrier works.
State Development Assessment Provisions updated
To align with the Amendment Regulation, the State Development Assessment Provisions (SDAP) have been updated, with version 3.7 also commencing on 11 September 2026. Updates to SDAP include:
- State code 11: Removal, destruction or damage of marine plants – consolidation of 25 performance outcomes into seven, with a focus on managing development impacts
- State code 24: Urban design outcomes for significant projects – removed in full.
Assessment of solar farms and battery storage facilities clarified
The Amendment Regulation removes ‘battery storage facility’ from the use terms that may be adopted for local planning instruments in Schedule 3. The amendments also prohibit local planning schemes from making the following assessable development:
- a material change of use for a battery storage facility
- a material change of use for a solar farm with a maximum instantaneous electricity output of 1MW or more.
It has also been clarified that local government is the assessment manager for a material change of use of premises for a solar farm, other than a relevant solar farm, that is assessable development under Schedule 10, part 16AA of the Planning Regulation.
The Chief Executive is the assessment manager for a ‘relevant solar farm’, being a solar farm that has a maximum instantaneous electricity output of 1MW or more, or is located in a priority development area.
Transitional provisions for existing applications
The transitional provisions preserve the pre-amendment position for the following applications:
- development applications and change applications that were properly made, but not decided, before the commencement
- a change application made after the commencement if the application is for a change to a development approval:
- given before the commencement; or
- given after the commencement for an application referred to in (1) above.
In effect, those applications continue to be assessed as though the relevant amendments had not commenced.
The pre-amendment versions of Schedules 10 and 24 continue to apply to a development application that was properly made, but not decided, before the commencement, to the extent the application involves development stated in:
- Schedule 10, part 9, division 1 (designated premises)
- Schedule 10, part 18 (urban design).
Implications of amendments
The Amendment Regulation is aimed at reducing time and cost for applicants, resourcing for the State and improving certainty for proponents when progressing new developments in Queensland.
It will be important for proponents to understand the transitional provisions and how they impact their current and future development applications, and ensuring that the correct version of the SDAP is being considered for those applications.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]
