Applicable events
The Planning Minister has powers to declare an ‘applicable event’ under the Planning Act 2016 (Planning Act). The Economic Development Act 2012 (ED Act) was amended in March 2020 to make applicable events declared under the Planning Act apply in Priority Development Areas (PDAs). By declaring an applicable event the state government is able to make advance preparations or respond to emerging circumstances that affect a State interest under the Planning Act. Development and construction in Priority Development Areas (PDAs) is a State interest.
Once enacted, applicable event powers under both the Planning Act and the ED Act are given effect. Applicable event powers are temporary and only apply for the duration of the declared event.
Applicable event provisions commence when the Planning Minister declares that there is an applicable event, such as a public health emergency or a natural disaster, that will affect state interests. An applicable event is declared through a notice.
These provisions were first used to respond to the COVID-19 public health emergency, but are now a permanent part of the Queensland planning framework. This ensures the planning framework can respond to other future events or disasters such as flood, cyclones, bushfires or public health pandemics.
Applicable event declarations
To date the Planning Minister has declared the following applicable events under the Planning Act:
| Event | Status | Event location | Total period of event | Notice |
|---|---|---|---|---|
| Rainfall and flood applicable event | Current | 22 local government areas identified in the notice* | 4 April 2022 to 30 June 2022 | |
| COVID-19 applicable event 1/2021 | Current | All Queensland | 29 June 2021 to 24 June 2022 | |
| COVID-19 applicable event | Expired | All Queensland | 20 March 2020 to 30 April 2021 |
* The 22 local government areas subject to this applicable event contain 25 PDAs.
Once an applicable event is declared, three powers become available for use:
Declaration of uses and classes of uses
- The Planning Minister under the Planning Act can make a declaration for certain uses or essential businesses to operate 24-hours a day, seven days a week to ensure that they can work around the clock to deliver vital goods and services.
- A declaration of uses under the Planning Act also applies in PDAs under the ED Act.
- To date the Planning Minister has issued the following notices for declared uses:
| Event | Status | Declared uses | Period of effect | Notices |
|---|---|---|---|---|
| Rainfall and flood applicable event | Nil | Nil | Nil | Nil |
| COVID-19 applicable event 1/2021 | Current | Shop, warehouse, transport depot | 29 June 2021 to 24 June 2022 | Declaration Notice |
| COVID-19 applicable event | Expired | Shop, warehouse, transport depot | 20 March 2020 to 30 April 2021 | Declaration Notice |
Extension or suspension of planning framework periods
- The Planning Minister can extend or suspend statutory timeframes under the Planning Act.
- The Minister for Economic Development Queensland (MEDQ) can extend or suspend statutory timeframes as they apply to PDAs under the ED Act.
- The ability to extend or suspend statutory timeframes includes PDA development application timeframes and the timeframes for preparing PDA development schemes under the ED Act.
- The ability to extend or suspend timeframes assists local governments, businesses, industry and the state government to manage the impacts of the applicable event on their operations and ensures that community and industry confidence in the Queensland planning framework can be maintained.
- View the applicable events register to identify extensions and suspensions issued under the Planning Act.
- To date the only extension or suspension notices issued have been extensions to currency periods of development approvals.
- Read the currency period extension fact sheet under the Planning Act for more information.
- To date the MEDQ has extended and suspended the following periods under the ED Act:
| Event name | Nature of notice | Period of Notice | Notice |
|---|---|---|---|
| Rainfall and flood applicable event | Nil | Nil | Nil |
| COVID-19 applicable event 1/2021 | 1 year extension to currency period | 29 April 2022 to 24 June 2022 | Extension notice |
| COVID-19 applicable event 1/2021 | Six month extension to currency period | 1 September 2021 to 30 September 2021 | Extension notice |
| COVID-19 applicable event | Six month extension to currency period | 21 July 2020 to 31 October 2020 | Extension notice |
Temporary use licences
- Any person can apply for a temporary use licence (TUL) during an applicable event.
- A TUL allows a change to existing development approval conditions or other operating constraints which may prevent them from operating during the applicable event. A TUL can also allow new land uses that do not involve building works or operational works.
- The ability to obtain a TUL recognises that businesses may need to innovate or change how they operate during and in response to an applicable event.
- A TUL authorises the use of premises within a PDA under the ED Act, but does not remove the need to obtain any other approvals that might be required by local, state and/or Commonwealth jurisdictions.
- A person can also apply for a TUL under the Planning Act on land outside a PDA.
- To apply for a TUL for multiple sites, where those sites are located both in and outside of PDAs, you will need to make a TUL application under both the Planning Act and ED Act.
- View the applicable events register to identify a TUL issued under the Planning Act for different applicable events.
- Read the temporary use licence fact sheet under the Planning Act for more information.
- A register of TULs given by the MEDQ during any applicable event is as follows:
| Event | Address | Local Government Area | Development details | Date issued |
|---|---|---|---|---|
| Rainfall and flood applicable event | Nil | Nil | Nil | Nil |
| COVID-19 applicable event 1/2021 | Nil | Nil | Nil | Nil |
| COVID-19 applicable event | Nil | Nil | Nil | Nil |
Last updated: 28 June 2024