Department of Infrastructure and
Planning
Standard conditions for deemed approvals
Table of contents
Purpose…………………………………………………………………………………….…………………………….1
1.0
Standard conditions for material change of use—general…………………………………1
2.0 Standard conditions for reconfiguring of a lot…………………………………………………..3
3.0
Standard conditions for operational works—general………………………………………..4
4.0 Standard conditions for a preliminary approval under section 241 of SPA….….….5
5.0
Standard conditions for a material change of use on strategic port land…………..5
6.0 Standard conditions for a material change of use for aquaculture…………………….7
7.0
Standard conditions for a material change of use for an environmentally
relevant activity (ERA), including mobile and temporary ERAs…………………………..8
8.0 Standard conditions for a material change of use for contaminated land………..10
9.0 Standard conditions for operational works—waterway barrier works, works
in a declared fish habitat area and removal, destruction or damage of
marine plants…………………………………………………………………………………………………10
10.0 Standard conditions for operational works—taking or interfering with water
and development for quarrying in a watercourse or lake …………………………………12
11.0 Standard conditions for operational works for a referrable dam………………………13
12.0 Standard conditions for operational works—tidal work or work within
a coastal management district……………………………………………………………………….13
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
Purpose
This document sets out the standard conditions made by the Minister under section 332 of the
Sustainable Planning Act 2009 (SPA).
The standard conditions apply to a development application that is deemed to be approved under
section 331 of SPA and for which the assessment manager does not give a decision notice.
Definitions
Terms used in the standard conditions have the meaning given in SPA or the Sustainable Planning
Regulation 2009.
1.0 Standard conditions for material change of use—general
These standard conditions apply to a deemed approval for a material change of use (or any part of the
approval that is for a material change of use), if standard conditions 4, 5, 6, 7 or 8 do not apply to the
approval or part of the approval.
Condition type
Approved plans
1. The proposed development must be carried out generally in accordance with the plans as lodged
with the application or, if there are any subsequent plans submitted to the assessment manager
during the assessment process, the latest of those subsequent plans.
Works during construction
2. Hours of construction must be in accordance with the provisions of any relevant local law or, in the
absence of any relevant local law, the hours of construction must be limited to 0630–1830 Monday
to Saturday and not at all on Sunday and public holidays.
3. Construction works must occur so they do not cause unreasonable interference with the amenity of
adjoining premises by reason of noise, vibration, electrical or electronic interference, smell, fumes,
vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.
4. During construction the site must be kept in a clean and tidy state at all times.
5. The Workplace Health and Safety Act 1995 and AS 1742 Manual of Uniform Traffic Control Devices
must be complied with in carrying out any construction works, and to ensure safe traffic control
and safe public access in respect of works being constructed on a road.
6. Implement drainage, erosion and sediment control measures and maintain these measures in
accordance with the Draft State Planning Policy for Healthy Waters 2009 (or as amended).
General development works
7. Unless otherwise stated, all work must be designed, constructed and maintained in accordance
with the relevant local government policies, guidelines and standards.
8. Undertake and meet the cost of all works reasonably associated with the development including
any necessary alteration, relocation or damage of services, public utility mains and installation
costs.
9. Repair any damage to existing kerb and channel, footpath, roadway or other infrastructure that may
occur during any works carried out in association with the development.
Infrastructure contributions
10. Where the development is subject to local government policies about infrastructure, pay the
relevant amount to the local government prior to the commencement of the use. Contributions are
to be paid in accordance with the policies as at the date of payment.
Water supply
11. Connect to the local government’s reticulated water supply system prior to commencement of the
use or, where the site is outside the local government’s planned reticulated water supply system
area, an alternative potable water supply is to be provided in accordance with relevant local
government standards.
12. Each individual tenancy or dwelling unit must be provided with a separate system for the metering
of water consumption.
1
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
Sewerage
13. Connect to the local government’s reticulated sewerage system prior to commencement of the use
or, where the site is outside of the local government’s planned sewerage network area, an
alternative on-site sewerage treatment and effluent disposal system is to be provided in
accordance with relevant local government standards.
14. Obtain separate permission from the local government in respect of any building over or within
2 metres of a local government sewer.
Car parking/traffic
15. Car parking, manoeuvring areas, vehicular access, service vehicle provision and all other relevant
associated matters are to be provided in accordance with any relevant local government policy or
standard or, where no relevant local government policy or standard exists, in accordance with AS
1428 Design for access and mobility and AS 2890 Parking facilities.
Stormwater drainage
16. No ponding, concentration or redirection of stormwater may occur on adjoining land unless
specifically agreed to with any relevant adjoining land owner.
17. Construct a stormwater drainage system to service the development in accordance with any
relevant local government policy or standard or, where no relevant local government policy or
standard exists, in accordance with the Queensland Urban Drainage Manual (2007) as amended
from time to time.
18. Prior to the commencement of the use, the development is to be connected to a lawful point of
discharge.
Flooding
19. All habitable floor levels are located above the defined flood event (DFE) flood level in accordance
with any relevant local government policy or standard or, where no relevant local government
policy or standard exists, as per the default DFE identified in State Planning Policy 1/03 - Mitigating
the adverse impacts of flood, bushfire and landslide as amended from time to time.
Fencing
20. Where the use is not for a residential purpose and the site adjoins the boundary of a site used for a
residential purpose, an acoustic fence is to be provided along the common boundary in
accordance with any relevant local government policy or standard. In the absence of a relevant
local government policy or standard, a 1.8 metre high timber screen fence is to be provided along
the common boundary.
Lighting
21. External lighting is to be designed and installed in accordance with any relevant local government
policy or standard or, where no relevant local government policy or standard exists, in accordance
with AS4282-1997 Control of the Obtrusive Effects of Outdoor Lighting so as not to cause nuisance
to nearby residents or passing motorists.
Noise
22. All noise emissions resulting from the use are to comply with any relevant local government policy
or standard or, where no relevant local government policy or standard exists, are to be in
accordance within the Environmental Protection Regulation 2008 (Chapter 5, Part 3 – Noise) and
the Environmental Protection (Noise) Policy 2008 so as not to cause any unreasonable interference
with the amenity to any surrounding noise sensitive uses.
Refuse storage and waste
23. All refuse storage, removal and collection methods must be in accordance with any relevant local
government policy or standard or, where no relevant local government policy or standard exists,
are to be in accordance with the Environmental Protection (Waste Management) Regulation 2000
and the Environmental Protection (Waste Management) Policy 2000 so as not to cause any
unreasonable interference with the amenity to the surrounding area and to provide an acceptable
level of amenity for future users of the site.
2
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
Compliance with conditions
24. Unless otherwise stated, all conditions must be completed prior to the commencement of the use.
Advice note
25. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
2.0 Standard conditions for reconfiguring of a lot
These standard conditions apply to a deemed approval for reconfiguring a lot (or any part of the
approval for reconfiguring a lot) if standard condition 4 does not apply to the approval or part of the
approval.
Condition type
Approved plans
1. The proposed development must be carried out generally in accordance with the plans as lodged
with the application or, if there are any subsequent plans submitted to the assessment manager
during the assessment process, the latest of those subsequent plans.
Works during construction
2. The Workplace Health and Safety Act 1995 and AS 1742 Manual of Uniform Traffic Control Devices
must be complied with in carrying out any construction works, and to ensure safe traffic control
and safe public access in respect of works being constructed on a road.
3. Implement drainage, erosion and sediment control measures and maintain those measures in
accordance with the Draft State Planning Policy for Healthy Waters 2009 (or as amended).
General development works
4. Unless otherwise stated, all work must be designed, constructed and maintained in accordance
with any relevant local government policies, guidelines and standards.
5. Undertake and meet the cost of all works reasonably associated with the development including
any necessary alteration, relocation or damage of services, public utility mains and installation
costs.
6. Repair any damage to existing kerb and channel, footpath, roadway or other infrastructure that may
occur during any works carried out in association with the development.
Infrastructure contributions
7. Where the development is subject to local government policies about infrastructure, pay the
relevant amount to the local government prior to the endorsement of the survey plan.
Contributions are to be paid in accordance with the policies as at the date of payment.
8. All outstanding rates and charges are required to be paid in full prior to the endorsement of the
survey plan.
Water supply
9. Connect to the local government’s reticulated water supply system prior to the endorsement of the
survey plan or, where the site is outside the local government’s planned reticulated water supply
system area, an alternative potable water supply must be provided in accordance with any relevant
local government standards.
10. Each individual tenancy or dwelling unit must be provided with a separate system for the metering
of water consumption.
Sewerage
11. Connect to the local government’s reticulated sewerage system prior to the endorsement of the
survey plan or, where the site is outside of the local government’s planned sewerage network area,
an alternative on-site sewerage treatment and effluent disposal system must be provided in
accordance with any relevant local government standards.
12. Obtain separate permission from the local government with regard to any building over or within
2 metres of a local government sewer.
3
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
Park contribution
13. Provide a contribution to the provision of public parkland in accordance with any relevant local
government policy prior to the endorsement of the survey plan. If a monetary contribution is to be
provided, the contribution amount is to be at the rate current at the time of payment.
Electricity services
14. Enter into an agreement with a relevant electricity supplier to provide services to any new lots.
Telecommunications
15. Enter into an agreement with a relevant telecommunications supplier to provide services to any
new lots.
Stormwater drainage
16. No ponding, concentration or redirection of stormwater may occur onto adjoining land or roads
unless otherwise specifically approved by the local government.
17. The development must comply with any relevant local government policy or standard about
stormwater drainage or, where no relevant local government policy or standard exists, must be in
accordance with the Queensland Urban Drainage Manual (2007) as amended from time to time.
18. Prior to the endorsement of the survey plan, the development must be connected to the lawful
point of discharge.
Compliance with conditions
19. Unless otherwise stated, all conditions must be completed prior to the endorsement of the survey
plan.
Advice note
20. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
3.0 Standard conditions for operational works—general
These standard conditions apply to a deemed approval for operational works (or any part of the
approval for operational works), if standard conditions 4, 9, 10, 11 or 12 do not apply to the approval or
part of the approval.
Condition type
Approved plans
1. The proposed development must be carried out generally in accordance with the plans as lodged
with the application or, if there are any subsequent plans submitted to the assessment manager
during the assessment process, the latest of those subsequent plans.
Works during construction
2. Hours of construction must be in accordance with the provisions of any relevant local law or, in the
absence of any relevant local law, the hours of construction must be limited to 0630–1830 Monday
to Saturday and not at all on Sunday and public holidays.
3. Construction works must occur so they do not cause unreasonable interference with the amenity of
adjoining premises by reason of noise, vibration, electrical or electronic interference, smell, fumes,
vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.
4. During construction the site must be kept in a clean and tidy state at all times.
5. The Workplace Health and Safety Act 1995 and AS 1742 Manual of Uniform Traffic Control Devices
must be complied with in carrying out any construction works, and to ensure safe traffic control
and safe public access in respect of works being constructed on a road.
6. Implement drainage, erosion and sediment control measures and maintain those measures in
accordance with the Draft State Planning Policy for Healthy Waters 2009 (or as amended).
4
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
General development works
7. Unless otherwise stated, all work must be designed, constructed and maintained in accordance
with any relevant local government policies, guidelines and standards.
8. Undertake and meet the cost of all works reasonably associated with the development including
any necessary alteration, relocation or damage of services, public utility mains and installation
costs.
9. Repair any damage to existing kerb and channel, footpath, roadway or other infrastructure that may
occur during any works carried out in association with the development.
Compliance with conditions
10. Unless otherwise stated, all conditions must be completed prior to the commencement of the
works.
Advice note
11. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
4.0 Standard conditions for a preliminary approval under section 241 of SPA
These standard conditions apply to a development approval for a preliminary approval to which
section 241 of SPA applies.
Condition type
Approved plans
1. Future applications for development permits are to be generally in accordance with the plans as
lodged with the application or, if there are any subsequent plans submitted to the assessment
manager during the assessment process, the latest of those subsequent plans.
Advice note
2. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
5.0 Standard conditions for a material change of use on strategic port land
These standard conditions apply to a deemed approval for a material change of use on strategic port
land (or any part of the approval that is for a material change of use on strategic port land) if the port
authority is the assessment manager for the development application.
Condition type
Approved plans
1. The proposed development must be carried out generally in accordance with the plans as lodged
with the application or, if there are any subsequent plans submitted to the assessment manager
during the assessment process, the latest of those subsequent plans.
Works during construction
2. Hours of construction must be limited to 0630–1830 Monday to Saturday and not at all on Sunday
and public holidays.
3. Construction works must occur so they do not cause unreasonable interference with the amenity
of adjoining premises by reason of noise, vibration, electrical or electronic interference, smell,
fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.
4. During construction the site must be kept in a clean and tidy state at all times.
5. The Workplace Health and Safety Act 1995 and AS 1742 Manual of Uniform Traffic Control Devices
must be complied with in carrying out any construction works, and to ensure safe traffic control
and safe public access in respect of works being constructed on a road.
6. Implement drainage, erosion and sediment control measures and maintain those measures in
accordance with the Draft State Planning Policy for Healthy Waters 2009 as amended from time to
time.
Shipping
7. The harbour master must be informed about the movement of any vessels within the port authority
area and the erection of any proposed structures.
5
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
Condition type
Health and safety
8. Details of any safety or environmental incidents and the associated response are to be reported to
the port authority within 24 hours of the incident occurring.
Stormwater drainage
9. No ponding, concentration or redirection of stormwater may occur on adjoining land unless
specifically agreed to with any relevant adjoining land owner.
10. Construct a stormwater drainage system to service the development in accordance with any
relevant port authority policy or standard or, where no relevant port authority policy or standard
exists, in accordance with the Queensland Urban Drainage Manual (2007) as amended from time
to time.
11. Prior to the commencement of the use, the development is to be connected to a lawful point of
discharge.
Spillage
12. Contaminants must not be directly or indirectly released to any waters or the bed and banks of any
waters.
13. The maintenance and cleaning of vehicles and any other equipment or plant must be carried out in
areas from where contaminants cannot be released into any waters, roadside, gutter or stormwater
drainage system.
14. Spill kits are to be located where any loading or unloading of fuel is to occur. All personnel
involved with this activity are to be trained and competent in the proper use of these spill kits.
15. Any spillage of wastes, contaminants or other materials must be cleaned up as quickly as
practicable and disposed of at a facility that can lawfully accept such waste. Such spillages must
not be cleaned up by hosing, sweeping or otherwise releasing such wastes, contaminants or
material to any stormwater drainage system, roadside, gutter or waters.
Refuse storage and waste
16. All refuse storage, removal and collection methods must be in accordance with any relevant port
authority policy or standard or, where no relevant port authority policy or standard exists, must be
in accordance with the Environmental Protection (Waste Management) Regulation 2000 and the
Environmental Protection (Waste Management) Policy 2000 so as not to cause any unreasonable
interference with the amenity to the surrounding area and to provide an acceptable level of
amenity for future users of the site.
Environment general
17. The storage and handling of flammable and combustible liquids storage must comply with the
standards set in AS1940:2004.
18. Dangerous goods must be managed to comply with the Dangerous Goods Safety Management Act
2001.
19. Unless authorised by the port authority, any car parking is to be wholly contained on-site and no
on-street parking is permitted.
20. Lighting must be directed to ensure no unreasonable interference with the environmental value of
surrounding properties, including any local turtle nesting beaches.
Compliance with conditions
21. Unless otherwise stated, all conditions must be completed prior to the commencement of the use.
Advice note
22. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
6
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
6.0 Standard conditions for a material change of use for aquaculture
These standard conditions apply to a deemed approval for a material change of use for aquaculture (or
any part of the approval that is for a material change of use for aquaculture) if the chief executive
administering the Fisheries Act 1994 is the assessment manager for the development application.
Condition type
General
1. The proposed development must be carried out generally in accordance with the approved plans
and any aquaculture area map as lodged with the application or as subsequently amended during
the assessment process.
2. The Manager, Aquaculture Policy and Management, Department of Employment, Economic
Development and Innovation, Queensland Primary Industries and Fisheries (QPIF), GPO Box 46,
Brisbane QLD, must be informed of any changes to the personal contact details for this
development approval within 28 working days.
3. An aquaculture production return must be submitted to the chief executive of the QPIF each year
during the term of this development approval. This includes lodging a nil return when no activity
has occurred.
4. Aquaculture fisheries resources must not be released into Queensland waters (as defined in the
Acts Interpretation Act 1954) other than those waters approved under this development approval.
5. Unless otherwise authorised, fisheries resources that are to be aquacultured and subject to this
development approval must not be sold, traded or given away for the purposes of using for bait.
This includes the use of whole fish and any part of the fish.
6. For the purpose of section 145 (c)(ii) of the Fisheries Act 1994, any development approval or
resource allocation authority area, and any associated areas which are used for activities related
to the approved aquaculture operation (including processing), and all records relating to the
aquaculture activity, must be made available for inspection during reasonable hours.
Land based aquaculture only
7. The species approved under this development approval must not be brought into Queensland for
rearing without a health certificate or pathology report issued by the exporting state or territory’s
fisheries, or a veterinary authority certifying the animals health, which must include a statement
that the specimens originate from:
a. a hatchery, farm, aquaculture premises or region which is recognised as free from infection
by the diseases on the Queensland Declared Disease List based on the requirements listed
in the World Organisation for Animal Health (OIE) Manual of Diagnostic Tests for Aquatic
Animals, current edition (Fourth edition 2003 or later) for recognition as free from infection;
b. a hatchery, farm, aquaculture premises or region in which an appropriately targeted
surveillance scheme over 2 years has been undertaken under the supervision of state or
territory fisheries agencies or fisheries-approved veterinary authorities, and where the
requirements for recognition as free from infection by diseases of concern for that species on
the OIE Manual of Diagnostic Tests for Aquatic Animals, current edition (Fourth edition 2003
or later), have been met; or
c. a single batch of gametes, larvae, fry, post-larvae, spat or early juvenile or adult of a species
of finfish, crustaceans or molluscs, isolated from open waters, which has been tested using
suitable techniques (refer to QPIF Health Translocation Protocols appropriate for the
approved species) to provide evidence that the batch is free from infection by diseases of
concern on the Queensland Declared Disease List for that species. A species of aquatic
animal that is not finfish, crustacean or mollusc must not be brought into Queensland for
rearing without a specific risk assessment and under a specific translocation protocol for
that species.
8. The species approved under this development approval must not be brought into Queensland for
rearing unless an application to allow the translocation of live aquatic animals into and within
Queensland form (FDU1398) and pathology report has been completed and the Manager,
Aquaculture Policy and Management, Department of Employment, Economic Development and
Innovation, Queensland Primary Industries and Fisheries, has provided written acknowledgement
and approval of the translocation form and the pathology report. The application form to allow the
translocation of live aquatic animals into and within Queensland and a signed copy of the
pathology report (as detailed above) must be provided to the Senior Aquaculture Development
Officer, Department of Employment, Economic Development and Innovation, Queensland Primary
Industries and Fisheries, GPO Box 46, Brisbane QLD 4001, a minimum of 3 working days prior to all
shipments into Queensland. It is a requirement that the pathology report or health certificate is
dated no more than 14 days before shipment date. After arrival, any unusual clinical signs or
mortalities in the stock must be reported immediately to the District Officer of the nearest
Queensland Boating and Fisheries Patrol. If directed by a QPIF officer, specimens must be
forwarded to a veterinary laboratory.
7
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
Condition type
9. The possession and use of ‘regulated fishing apparatus’ under the Fisheries Regulation 2008,
sections 188 and 189 and the Fisheries (Freshwater) Management Plan 1999, part 6 (freshwater)
(excluding an electrofisher) are authorised at the approved aquaculture area.
10. The control over the release of water from all ponds, tanks and drainage systems within the
approved aquaculture area must be maintained at all times.
11. A perimeter barrier or fence, which is impervious, must be maintained for all size classes of the
species that are approved under this development approval which are capable of overland
escape.
12. All reasonable and practicable measures to ensure that all waters (ponds, tanks, aquaria etc.) on
the approved aquaculture area are screened in such a way to prevent the escape of any specimens
(eggs, juveniles or adults) into Queensland waters (as defined in the Acts Interpretation Act 1954).
13. Where waters are introduced for the aquaculture of the approved species, the developer must
implement all reasonable measures to ensure all waters are sufficiently screened to prevent the
movement of any juvenile or adult wild fauna (excepting zooplankton) into the approved
aquaculture area.
14. This development approval authorises the purchase of broodstock and culture stock from the
holder of a commercial fishing boat licence, a commercial fisher, or holder of any other authority
that allows the sale of the approved species.
Tidal aquaculture only
15. No hazardous things are to be placed on the approved aquaculture area in a manner that
endangers or is likely to endanger a person, a person’s property, or the environment.
16. This development approval authorises persons identified by the developer to assist in aquaculture
activities on the approved area.
Compliance with conditions
17. Unless otherwise stated, all conditions must be completed prior to the commencement of the use.
Advice note
18. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
7.0 Standard conditions for a material change of use for an environmentally relevant
activity (ERA), including mobile and temporary ERAs
These standard conditions apply to a deemed approval for a material change of use for an
environmentally relevant activity, including a mobile and temporary environmentally relevant activity
(or any part of an approval for a material change of use for an environmentally relevant activity,
including a mobile and temporary environmentally relevant activity) if the administering authority is the
assessment manager for the development application.
Condition type
General
1. All measures, plant and equipment necessary to ensure compliance with the conditions of this
development approval must be installed. These measures, plant and equipment must be kept in
an effective condition and records of the maintenance of such measures, plant and
equipment must be kept. These measures, plant and equipment must be operated in an effective
manner.
2. Ensure that all instruments, equipment and measuring devices used for measuring or monitoring
in accordance with any condition of this development approval are calibrated, operated and
maintained in accordance with the manufacturer’s specifications.
3. Ensure that the daily operation and maintenance of the activity is carried out by a person(s) with
experience or qualifications appropriate to ensuring the effective operation of the activity and the
avoidance of environmental harm.
4. Telephone the administrating authority as soon as practicable after becoming aware of any release
of contaminants not in accordance with the conditions of this development approval.
5. Implement an integrated environmental management system (IEMS) from the commencement of
this ERA. The IEMS must identify all causes of environmental harm, including but not limited to
the actual and potential release of any contaminants, the nature of the environmental harm and
the actions that will be taken to prevent environmental harm being caused. The IEMS (including
contingency plans and emergency response plans) must be made available to the administering
authority when requested. The IEMS must achieve the following outcomes:
8
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
Condition type
a. environmental values, aspects and potential impacts are identified;
b. a contingency plan and emergency response plan is in place;
c. control measures that minimise the potential for environmental harm are in place;
d. organisational structures, accountability and responsibility are documented and
communicated to the responsible person;
e. effective communication arrangements are documented and practical;
f. all contaminant releases are monitored;
g. staff are trained and aware of the requirements of the Environmental Protection Act 1994 and
the conditions of this development approval;
h. appropriate records are kept; and
i. reviews of environmental performance and continual improvement are undertaken
periodically and fully documented, and findings implemented. The IEMS must not be
implemented or amended in a way that contravenes any condition of this development
approval.
6. Ensure that all monitoring, assessments and reports required by this development approval are
conducted by a person(s) with appropriate experience or qualifications. Monitoring must be
undertaken within the guidelines specified by the appropriate protocols listed under the
Environmental Protection Act 1994. For example, water monitoring must be undertaken in
accordance with the Queensland Water Quality Guidelines and Monitoring and Sampling Manual.
7. Appropriate spill kits, personal protective equipment, relevant operator instructions and
emergency procedure guides for the management of wastes and chemicals associated with the
ERA must be kept at the site in locations where they are readily accessible for fire emergency
responses, and in each vehicle used if the activity is a mobile ERA.
8. On-site containment systems must be designed and installed so as to contain spillage of all
chemicals and controlled in a manner that prevents environmental harm. All petroleum product
storages must be designed, constructed and maintained in accordance with AS 1940 Storage and
Handling of Flammable and Combustible Liquids.
9. Implement drainage, erosion and sediment control measures and maintain these measures in
accordance with the Draft State Planning Policy for Healthy Waters 2009 (or as amended).
10. The operator must record, compile and keep all maintenance and monitoring results required by
this development approval and present this information to the administering authority when
requested. All records required by this development approval must be kept for 5 years.
Noise
11. The noise emissions resulting from the ERA are to be in accordance within the Environmental
Protection Regulation 2008, chapter 5, part 3 (Noise) and the Environmental Protection (Noise)
Policy 2008 so as not to cause any unreasonable interference with the amenity to any surrounding
noise sensitive uses.
Air
12. The air emissions resulting from the ERA are to be in accordance within the Environmental
Protection Regulation 2008, chapter 5, part 5 (Air contamination) and the Environmental Protection
(Air) Policy 2008 so as not to cause any unreasonable interference with the amenity to any
surrounding noise sensitive uses.
Contaminants
13. Ensure that contaminants (including acid sulphate soils) are not released to land or waters
(including the bed and banks of any waters and groundwater).
Refuse storage and waste
14. All refuse storage, removal and collection methods must be in accordance with the Environmental
Protection (Waste Management) Regulation 2000 and the Environmental Protection (Waste
Management) Policy 2000 so as not to cause any unreasonable interference with the amenity to
the surrounding area and to provide an acceptable level of amenity for future users of the site.
9
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
Compliance with conditions
15. Unless otherwise stated, all conditions must be completed prior to the commencement of the use.
Advice note
16. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
8.0 Standard conditions for a material change of use for contaminated land
These standard conditions apply to a deemed approval for a material change of use on contaminated
land (or any part of an approval for a material change of use on contaminated land) if the chief
executive administering the Environmental Protection Act 1994 is the assessment manager for the
application.
Condition type
General
1. Prior to the commencement of the proposed use, the applicant must obtain a peer reviewed
certification report stating that the land is suitable for its intended use. The report must be
submitted to the Department of Environment and Resource Management (DERM) within 10 days of
the report being finalised.
2. The peer review must be undertaken by a person who is eligible for third party reviewer (TPR)
appointment under DERMs Terms of Reference - Use of a Third Party Reviewer for Assessment and
Management of Site Contamination dated 15 February 2008 (TOR) as amended from time to time. A
peer reviewer acceptable to DERM must be engaged at all times until the certificate is obtained.
Advice note
3. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
9.0 Standard conditions for operational works—waterway barrier works, works in a
declared fish habitat area and removal, destruction or damage of marine plants
These standard conditions apply to a deemed approval for operational works for waterway barrier
works, works in a declared fish habitat area or removal, destruction or damage of marine plants (or any
part of an approval that is for operational works for waterway barrier works, works in a declared fish
habitat area or removal, destruction or damage of marine plants) if the chief executive administering
the Fisheries Act 1994 is the assessment manager for the development application.
Condition type
Approved plans and administration
1. The proposed development must be carried out generally in accordance with the plans as lodged
with the application or, if there are any subsequent plans submitted to the assessment manager
during the assessment process, the latest of those subsequent plans.
2. For the purposes of section 145(c)(ii) of the Fisheries Act 1994 the place where works will take
place is a place required to be open for inspection.
3. Written notice of the date of commencement of the works must be provided by email or fax to the
District Officer of the local Queensland Boating and Fisheries Patrol, and the Manager of the
relevant regional Planning and Assessment team, Queensland Primary Industries and Fisheries
(QPIF), at least 5 business days but no greater than 20 business days prior to the commencement
of the deemed approval works.
4. At least 3 signs must be displayed around the development works site, including 1 at the main
entrance to the property, in positions where the signs are clearly visible to the public, for at least 5
business days prior to the commencement, during the works and for 5 business days after
completion of the works. Signs are then to be removed.
Works during construction
5. Hours of construction must be limited to 0630–1830 Monday to Saturday and not at all on Sunday
and public holidays.
6. Construction works must occur so they do not cause unreasonable interference with the amenity
of adjoining premises by reason of noise, vibration, electrical or electronic interference, smell,
fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.
10
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
Condition type
7. During construction the site must be kept in a clean and tidy state at all times.
8. The Workplace Health and Safety Act 1995 and AS 1742 Manual of Uniform Traffic Control Devices
must be complied with in carrying out any construction works, and to ensure safe traffic control
and safe public access in respect of works being constructed on a road.
9. Implement drainage, erosion and sediment control measures and maintain these measures in
accordance with the Draft State Planning Policy for Healthy Waters 2009 (or as amended).
Environment general
10. Identify and implement appropriate offsets to the satisfaction of QPIF, if relevant, for the remaining
environmental (fish habitat) impacts, before works commence.
11. Ensure that all spoil from the approved area is not disposed of on tidal lands or within waterways
and is managed to prevent acid soil development, if relevant.
12. Temporary bunds in tidal creeks are to be closed off within 1 hour of low tide.
13. Once QPIF has approved the plans for the provision of fish passage, the plans may not be further
amended without further approval from QPIF.
14. Where a fishway is incorporated into the works, a fish movement monitoring program must be
developed and implemented in consultation with and approved by QPIF.
15. The fishway monitoring program may identify a deficiency in the fish passage facility and
operation. In this instance, QPIF may identify in writing to the applicant, changes that the
applicant must carry out to the facility or its operation provided that the changes are identified by
QPIF as being necessary, feasible and aimed at improving the effectiveness of the fish structure
and operation.
Waterway barrier works only
16. Walls of the waterway barrier must be sealed or treated where necessary to protect them from
erosion.
17. After completion of the instream works, all areas, including bed and banks of the stream,
disturbed as a result of the construction or raising of the waterway barrier works should be
returned to their original profile and stabilised to resist erosion.
18. Provision for fish passage across the waterway barrier is to be developed in a regular and ongoing
consultative process with QPIF prior to the commencement of the works.
19. Prior to the construction of the waterway barrier, submit to QPIF for approval, plans and
documentation setting out how a fish passage across the waterway barrier will be provided for. No
approval will be provided until the QPIF is satisfied that the provision for a fish passage is
adequate for the life of the barrier.
20. The waterway barrier and any associated dissipation devices are to be designed to minimise fish
injury, mortality and entrapment.
21. Develop and maintain an operations and maintenance manual for the waterway barrier and the
fish passage provisions in consultation with and approved by QPIF.
22. At the end of the viable operation of the barrier, either the barrier, and where relevant the fishway,
must be removed in consultation with QPIF and a fish passage at the site must be restored to its
original level or better, or if the barrier is to remain, the maintenance of the fishway must be
continued to allow effective fish passage.
Marine plant works only
23. The boundaries of the works area must be adequately marked (e.g. with corner pegs) to allow for
ease of identification.
24. Marine plants authorised for removal and other material used in the development (e.g. debris,
construction material, soil, etc.) are to be removed from the intertidal zone, unless the material is
to be used in a restoration project accepted by QPIF.
Declared fish habitat area works only
25. The boundaries of the works area must be adequately marked (e.g. with corner pegs) to allow for
ease of identification.
Compliance with conditions
26. Unless otherwise stated, all conditions must be completed prior to the commencement of the
works.
Advice note
27. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
11
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
10.0 Standard conditions for operational works—taking or interfering with water and
development for quarrying in a watercourse or lake
These standard conditions apply to a deemed approval for:
a. operational works for taking or interfering with water (or any part of an approval for operational
works for taking or interfering with water); or
b. development for quarrying in a watercourse or lake (or any part of an approval for quarrying in a
watercourse or lake), if the chief executive administering the Water Act 2000 and the Water
Supply (Safety and Reliability) Act 2008 is the assessment manager for the application.
Condition type
General
1. The works approved under this development approval are to be completed within 2 years of the
day this approval takes effect.
2. Notify the Department of Environment and Resource Management (DERM) in writing of the
completion of the approved works within 30 business days after such completion.
3. Maintain the bed and banks of the watercourse adjacent to the permitted works.
4. Following construction of the works authorised by this development approval, maintain the bed
(including any excavated bed) and banks of the watercourse in a stable condition.
5. Provide a copy of the development approval to any person contracted to construct the works
approved by this development approval.
Standard bore conditions
6. The water bore must be located so that it is not less than 400 metres from any water bore on a
neighbouring property and not less than 200 metres from the boundaries of the land to which this
development approval relates.
7. The water bore must be constructed to tap only a single aquifer.
8. The water bore is to be cased over the total depth.
9. The water bore must be constructed and maintained at all times in accordance with the edition of
the standard Minimum construction requirements for water bores in Australia that is current at the
time of construction. Any subsequent decommissioning of the water bore must also be carried out
in accordance with the edition of that same standard that is current at the time of
decommissioning.
10. The water bore must be constructed and maintained at all times in accordance with the edition of
standard Minimum standards for the construction and reconditioning of water bores that intersect
the sediments of the Great Artesian Basin that is current at the time of construction.
Standard quarry conditions
11. Existing sand, gravel, clay or rock bars that create a natural storage in the bed of the watercourse
must not be lowered or disturbed in any way to prejudice the interests or rights of owners of
adjacent or affected lands, or water entitlements given under the provisions of the Water Act 2000.
12. Removal of material must not be carried out within 400 metres of any public road, bridge culvert or
railway crossing.
13. Removal of material and associated operations must not:
a. cause erosion or damage to the bed or banks of the watercourse;
b. cause damage to the vegetation growing on the bed or banks of the watercourse, or pumps,
fences or structures within the watercourse; or
c. cause unauthorised interference to the flow of the watercourse.
14. All batters must be no steeper than 1 vertical on 3 horizontal.
15. The surface area of the operation within the bed of the watercourse must be left at an even
longitudinal grade, smooth and free from holes and ridges or as required by an approved works or
rehabilitation plan.
16. Material removed from the watercourse should be stored above known flood level and must only
be returned to the watercourse in accordance with an operations plan approved by DERM.
Compliance with conditions
17. Unless otherwise stated, all conditions must be completed prior to the commencement of the
works.
Advice note
18. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
12
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
11.0 Standard conditions for operational works for a referrable dam
These standard conditions apply to a deemed approval for operational works for a referrable dam (or
any part of an approval that is for operational works for a referrable dam) if the chief executive
administering the Water Act 2000 and the Water Supply (Safety and Reliability) Act 2008 is the
assessment manager for the application.
Condition type
General
1. The dam must be kept safe, and maintained and operated in accordance with the following
guidelines issued in Queensland under the Water Supply (Safety and Reliability) Act 2008:
a. Queensland Dam Safety Management Guidelines (current issue is February 2002) as
amended from time to time; and
b. Guidelines on Acceptable Flood Capacity for Dams (current issue is February 2007) as
amended from time to time.
2. Any documentation prepared in order to comply with these conditions must be stored securely by
the dam owner until such time as the dam is decommissioned.
3. The documentation must be made available for inspection by the Dam Safety Regulator, within
7 days of a written request for access being received by the dam owner.
4. On change of ownership of the dam, all documentation prepared in compliance with these
conditions must be transferred to the new owner.
5. The Dam Safety Regulator is to be notified in writing within 20 working days of such transfer.
Compliance with conditions
6. Unless otherwise stated, all conditions must be completed prior to the commencement of the
works.
12.0 Standard conditions for operational works—tidal work or work within a coastal
management district
These standard conditions apply to a deemed approval for operational works for tidal works or work
within a coastal management district (or any part of an approval that is for operational works for tidal
works or work within a coastal management district) if the chief executive administering the Coastal
Protection and Management Act 1995 is the assessment manager for the application.
Condition type
Approved plans and administration
1. The proposed development must be carried out generally in accordance with the plans as lodged
with the application or, if there are any subsequent plans submitted to the assessment manager
during the assessment process, the latest of those subsequent plans.
2. Prior to the construction of any revetment walls, provide the Department of Environment and
Resource Management with a certification by a registered professional engineer of Queensland (or
an interstate or international equivalent) that the plans demonstrate that the works will be
structurally adequate for anticipated usage and will comply with all relevant codes.
3. For any constructed works, submit to the Department of Environment and Resource Management a
letter from a registered professional engineer of Queensland (or an interstate or international
equivalent) certifying that the works have been constructed in accordance with the approved
drawings and are structurally adequate for anticipated usage. The letter must be submitted within
3 months of the date of practical completion of the works.
4. The Department of Environment and Resource Management is to be advised by written
communication of the date of work commencement and expected date of works completion, at
least 5 days prior to the commencement date.
5. Within 10 days following completion of the works, the Department of Environment and Resource
Management must be notified so that an inspection of the works can be undertaken.
Works during construction
6. Hours of construction must be limited to 0630–1830 Monday to Saturday and not at all on Sunday
and public holidays.
7. Construction works must occur so they do not cause unreasonable interference with the amenity
of adjoining premises by reason of noise, vibration, electrical or electronic interference, smell,
fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise.
8. During construction the site must be kept in a clean and tidy state at all times.
13
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
9. The Workplace Health and Safety Act 1995 and AS 1742 Manual of Uniform Traffic Control Devices
must be complied with in carrying out any construction works, and to ensure safe traffic control
and safe public access in respect of works being constructed on a road.
10. Implement drainage, erosion and sediment control measures and maintain these measures in
accordance with the Draft State Planning Policy for Healthy Waters 2009 (or as amended).
Acid sulfate soils
11. Sampling, testing and management of acid sulphate soils must be carried out in accordance with
the requirements of State Planning Policy 2/02 Planning and Managing Development Involving
Acid Sulfate Soils and the Guidelines for Sampling and Analysis of Lowland Acid Sulfate Soils in
Queensland (QASSIT), as amended from time to time. The works must be managed to prevent
release of acidic drain water to any natural waters in accordance with procedures outlined in the
current version of the Queensland Acid Sulfate Soils Technical Manual Soil Management
Guidelines (as amended from time to time).
Biodiversity
12. For works above high water, if a turtle or shorebird nest is identified within the area to be
disturbed, then works are to cease immediately, and the Department of Environment and Resource
Management contacted. Construction works are not to recommence until advised by the
Department of Environment and Resource Management.
Water pollution
13. All reasonable and practicable measures must be taken to prevent pollution of natural waters.
14. Any disturbance to the bed and banks of the waterway outside of the approved works is to be
avoided or the area must be rehabilitated.
15. Any excavation or filling works must maintain natural hydrology and prevent changes in water
quality that would adversely affect ecological values off site.
Refuse storage and waste
16. All refuse storage, removal and collection methods must be in accordance with the Environmental
Protection (Waste Management) Regulation 2000 and the Environmental Protection (Waste
Management) Policy 2000 so as not to cause any unreasonable interference with the amenity to
the surrounding area and to provide an acceptable level of amenity for future users of the site.
Environmental management plan
17. An environmental management plan (EMP) must be prepared to address the construction phase of
the project.
18. The draft EMP must be submitted to the Department of Environment and Resource Management for
approval at least 28 business days prior to the commencement of construction activities.
19. The draft EMP must include but not be limited to the following:
a. details of the proposed construction methodology and plans detailing significant
construction stages, timeframes and proposed environmental controls;
b. details of a response plan, with appropriate triggers, which will be initiated in response to
any significant impacts on coastal management from the works and should include
remediation works where required following construction; and
c. details of the safeguards to be employed to avoid or minimise the risk of the release of
contaminants.
20. The final EMP must be implemented for all activities at the site subject to this approval.
Beach nourishment
21. Any sand placed on a beach must be free of contaminants, must contain less than 5% fines
component (silt, clay or organic material), and must have a median grain size within typical of the
native beach sand.
Access points
22. Any disturbance to the beach and dunes must be kept to the minimum necessary for practical
completion of the works and measures must be undertaken to prevent erosion of dunes.
Material in tidal waters
23. Any material placed in tidal water must not contain contaminants above the screening level as
specified in the National Ocean Disposal Guidelines for Dredged Material (Environment Australia,
May 2002) as amended from time to time.
14
Department of Infrastructure and Planning—
Standard conditions for deemed approvals
24. Any material placed above high water mark must be free from contaminants consistent with the
Queensland Draft Guidelines for the Assessment and Management of Contaminated Land in
Queensland (1998) as amended from time to time.
Ponded pasture
25. No works for the purpose of a ponded pasture are to be located below the level of highest
astronomical tide.
Compliance with conditions
26. Unless otherwise stated, all conditions must be completed prior to the commencement of the
works.
Advice note
27. Please note that any concurrence agency conditions will apply in addition to these standard
conditions.
Department of Infrastructure and Planning—
Standard conditions for deemed approvals