Who must comply with QLD development assessment (Planning Act 2016)?

QLD Planning Act 2016 + Development Assessment Rules govern development.

The Planning Act 2016 (Qld) sorts all development into three categories (s 44): accepted development, which needs no development approval; assessable development, which needs a development approval; and prohibited development, for which no application may be made. A categorising instrument such as a local planning scheme or the regulation decides the category, and development it does not categorise is accepted. Assessable development is assessed either by code assessment, against the stated assessment benchmarks, or by impact assessment (s 45). Applications are made to the assessment manager prescribed by regulation (s 48) and may be referred to referral agencies, with the process governed by the Development Assessment Rules (Part 4). A development approval attaches to the premises (s 73). Chapter 5 makes it an offence to carry out assessable development without a permit, to breach an approval, or to use premises unlawfully.

Applies only if you propose development requiring consent or a permit. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Any person who carries out development (building, plumbing, drainage or operational work, reconfiguring a lot, or a material change of use of premises) or uses premises in Queensland, including owners, developers, builders and businesses occupying premises. An approval binds the owner, the owner's successors in title and any occupier of the premises.

What triggers it: Proposing development that a categorising instrument makes assessable, or a use of premises that is not a lawful use; prohibited development cannot be applied for at all.

Jurisdiction: Queensland law only. A business with no operations in QLD is outside it, whatever the rest of the test says.

Outcome across the 35 industries Rules Mate maps (1 of 35: only if a further fact applies; 34 of 35: no).

Structure does not change the answer in construction (residential & commercial): for every structure the answer is "only if a further fact applies".

Size does not change the answer in construction (residential & commercial): at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in construction (residential & commercial) with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you propose development requiring consent or a permit.

The engine shows this obligation as "check whether this applies" when a business has industry: Construction (residential & commercial). It then applies only if you propose development requiring consent or a permit. That fact is not something Rules Mate can infer from industry, structure or size.

When due

Before assessable development starts, all necessary development permits must be in effect (s 163). Conditions of the approval must be complied with for as long as they apply, and the use of premises must remain lawful.

Frequency

When a triggering event occurs

Evidence to keep

Category check against the planning scheme and other categorising instruments; development application, referral agency responses and decision notice; development permits and approved plans; evidence of compliance with each development condition; records supporting any exemption certificate (s 46) relied on.

Status

Current

Priority

High

Maximum penalty: Carrying out assessable development without a development permit: up to 4,500 penalty units, or 17,000 penalty units on a Queensland or local heritage place (s 163). Carrying out prohibited development (s 162), contravening a development approval (s 164) or unlawfully using premises (s 165): up to 4,500 penalty units. Enforcement authorities can also issue show cause notices and enforcement notices (ss 167 to 168)

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

If this obligation applies to you, so do these 2: the engine uses the same rule for each.

• NSW development consent (Environmental Planning and Assessment Act 1979)
• VIC planning permits (Planning and Environment Act 1987)

Rules Mate tracks 3 published obligations tagged "planning", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated high priority and carries criminal liability, and is triggered by events.

Free tools that help with this obligation:

• Compliance calendar builder