The state government introduced a new planning instrument (state planning regulatory provision) into the Integrated Planning Act 1997 (IPA) in 2007. State planning regulatory provisions can be used in four circumstances:

1. To implement a regional plan (in a similar way as the regulatory provisions of the South East Queensland (SEQ) Regional Plan which are to be transitioned as state planning regulatory provisions).
2. To implement structure plans for master planned areas (including major development areas in SEQ).
3. To allow the Minister for Infrastructure and Planning to respond to state issues in local areas by affecting the operation of planning schemes.
4. To apply state infrastructure charges within master planned areas.

Like the regulatory provisions of the South East Queensland Regional Plan, state planning regulatory provisions will, amongst other things, affect the operation of a planning scheme. They will be able to:

• prohibit development
• provide a single overarching planning instrument that can be applied in a range of circumstances
• provide a more transparent approach with public consultation included.

State planning regulatory provisions associated with regional plans may also:

• declare assessment levels for development, including requirements for impact or code assessment 
• include a code or other criteria for the assessment of development applications 
• otherwise regulate development by, for example, aspects of development that may not occur in particular identified localities
• state transitional arrangements for development applications affected by the regulatory provisions.

Statutory regional plans may utilise state planning regulatory provisions however, not all statutory regional plans will require regulatory provisions.  The need for regulatory provisions will be determined when developing a regional plan.

Regulatory provisions associated with a draft statutory regional plan have effect from the date of gazettal of the draft regulatory provisions (by notification in the Government Gazette) until the final regulatory provisions have been made and given effect.  This means that draft regulatory provisions are in operation and effective while public consultation is carried out and submissions about the provisions are being considered. This is necessary to avoid any potential adverse consequences involved in proposing a state planning regulatory provision.

Any assessment requirements that are to occur through the Integrated Development Assessment System (IDAS) as a result of draft and final regulatory provisions will be undertaken by the State Government.

Two state planning regulatory provisions are currently in effect:

• South East Queensland Amendment 1
• Draft State Planning Regulatory Provisions (Regional Plans) .

Draft State Planning Regulatory Provisions (Regional Plans)

The draft State Planning Regulatory Provisions (Regional Plans) will regulate land use and development throughout the designated regions listed in its Schedule 1 and specify aspects of development that may not occur in stated locations. Currently, the FNQ region is the only designated region listed in Schedule 1 of the draft State Planning Regulatory Provisions (Regional Plans).

The draft State Planning Regulatory Provisions (Regional Plans) have been prepared under Part 5C of the Integrated Planning Act 1997 as a stand-alone document. They have been developed in a format that allows application across the state for regional plans requiring regulatory provisions.  They are developed as draft state wide regulatory provisions but will only have effect within the FNQ region until amendments are made to incorporate other regional planning areas as they undergo the regional planning process.  Although a statutory regional plan may link to the draft regulatory provisions, not all statutory regional plans will require regulatory provisions.  The need for linking a regional plan to these regulatory provisions will be determined when developing the regional plan.

Further information

See have your say to obtain a copy of the draft regulatory provisions and submission information.

Details on information sessions are also available.