Proposed amendment to the Minister’s Guidelines and Rules to support disaster recovery

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Consultation has concluded

The Department of State Development, Infrastructure, Local Government and Planning is seeking your views about proposed changes to the planning framework to support the Queensland Government’s Voluntary home buy-back program.

The Queensland and Australian Governments have developed the $741 million Resilient Homes Fund to help Queenslanders across 39 local government areas whose homes were impacted by the 2021-2022 floods. Under the Resilient Homes Fund, funding is available to assist eligible flood impacted homeowners to repair, retrofit or raise flood affected homes.

The Voluntary home buy-back (VHBB) program is led by the Queensland Reconstruction Authority (QRA) and funds councils to acquire homes that are at risk of severe and frequent flooding. Buy-backs are considered on a case-by-case basis and are voluntary. Once a home has been acquired, councils are required under the funding program to rezone the land to an appropriate and locally suitable non-occupied use or zone (i.e., open space zone).

Under the existing provisions of the Minister’s Guideline and Rules (MGR), the rezoning of land can only be undertaken as a major amendment or through a tailored process under section 18 of the Planning Act 2016 (Planning Act). Improvements to the MGR and the Planning Regulation 2017 (Planning Regulation) are needed to provide another more streamlined amendment pathway to facilitate the rezoning of land purchased through an acquisition scheme, wholly or partly funded by the Commonwealth, State or local government, for the purpose of disaster recovery (including QRA’s VHBB program).

Proposed changes

Facilitating voluntary home buy-backs through a minor amendment

Changes are proposed to the Minister’s Guidelines and Rules to allow councils to rezone land as a minor amendment where the land has been purchased through an acquisition scheme, wholly or partly funded by the Commonwealth, State or local government, for the purpose of disaster recovery (including the Queensland Reconstruction Authority’s Voluntary home buy-back program).

The proposed change will significantly reduce the regulatory burden on councils in delivering actions required under the Queensland and Australian Government’s Resilient Homes Fund Program – a $741 million fund to help Queenslanders across 39 local government areas whose homes were impacted by the 2021-2022 floods.

Under the MGR, the minor amendment process does not require a state interest review or public consultation. Facilitating the rezoning of VHBB properties through a minor amendment will significantly reduce the regulatory burden on councils in delivering the required actions under the Queensland Government’s Resilient Homes Fund.

Proposal

Amend the definition of minor amendment under schedule 1, section 2 of the Minister’s Guidelines and Rules

The change

  • Amend the Minister’s Guidelines and Rules to allow councils to rezone land as a minor amendment where the land has been purchased under a land acquisition scheme, wholly or partly funded by the Commonwealth, State or local government, for the purpose of disaster recovery (including QRA’s VHBB program)

The detail

  • The following zones are considered suitable for the rezoning of land as a minor amendment:
  • Open space
  • Conservation
  • Environmental management
  • Environmental management and conservation
  • Recreation and open space
  • Open space and recreation
  • Open space and reserve.
  • These zones have been selected following a planning scheme review of councils currently participating the VHBB program. Other zones within local government planning schemes were not considered suitable as they facilitate future development intensification that would be inconsistent with the intent of QRA’s VHBB program.
  • Consequential amendments to Part 2, Division 2, Subdivision 2, Sections 10, 14, 15 and 53 of the Planning Regulation and other supporting documentation (i.e. Guidance for the Minister’s Guidelines and Rules) will be required to give effect to the proposed changes to the MGR.


Administrative and minor changes

Changes are also proposed to generally improve the readability and presentation of the Minister’s Guidelines and Rules through several editorial and formatting changes. The proposed administrative and minor changes correct and change:

  • spelling and grammatical errors
  • formatting and presentation
  • redundant and outdated terms
  • inconsistent numbering of provisions
  • cross-referencing.

Have your say

We're seeking feedback on proposed changes to the Minister’s Guidelines and Rules.

You can have your say by completing the survey, or by making a written submission. The submission must be a properly made submission under the Planning Act to be accepted.

A properly made submission must:

  • be made to the Minister
  • be received on or before Friday 26 May 2023
  • be in writing and signed by each person who made the submission
  • state the name and residential or business address of each person who made the submission
  • state the grounds of the submission and the facts and circumstances relied on in support of the grounds.

Electronic submissions may be made provided they include the full name and email address (or other address) of the submitter by emailing BestPlanning@dsdilgp.qld.gov.au

Written submissions should be made by:

Post: MGR Feedback Planning Group, Department of State Development, Infrastructure, Local Government and Planning
GPO Box 611 BRISBANE QLD 4001

Feedback on the proposed changes is required by 26 May 2023.

Contact us

If you have any queries about the proposed amendments above, please contact BestPlanning@dsdilgp.qld.gov.au

To stay up to date on planning matters, check out the Planning website or follow us on Facebook.

The Department of State Development, Infrastructure, Local Government and Planning is seeking your views about proposed changes to the planning framework to support the Queensland Government’s Voluntary home buy-back program.

The Queensland and Australian Governments have developed the $741 million Resilient Homes Fund to help Queenslanders across 39 local government areas whose homes were impacted by the 2021-2022 floods. Under the Resilient Homes Fund, funding is available to assist eligible flood impacted homeowners to repair, retrofit or raise flood affected homes.

The Voluntary home buy-back (VHBB) program is led by the Queensland Reconstruction Authority (QRA) and funds councils to acquire homes that are at risk of severe and frequent flooding. Buy-backs are considered on a case-by-case basis and are voluntary. Once a home has been acquired, councils are required under the funding program to rezone the land to an appropriate and locally suitable non-occupied use or zone (i.e., open space zone).

Under the existing provisions of the Minister’s Guideline and Rules (MGR), the rezoning of land can only be undertaken as a major amendment or through a tailored process under section 18 of the Planning Act 2016 (Planning Act). Improvements to the MGR and the Planning Regulation 2017 (Planning Regulation) are needed to provide another more streamlined amendment pathway to facilitate the rezoning of land purchased through an acquisition scheme, wholly or partly funded by the Commonwealth, State or local government, for the purpose of disaster recovery (including QRA’s VHBB program).

Proposed changes

Facilitating voluntary home buy-backs through a minor amendment

Changes are proposed to the Minister’s Guidelines and Rules to allow councils to rezone land as a minor amendment where the land has been purchased through an acquisition scheme, wholly or partly funded by the Commonwealth, State or local government, for the purpose of disaster recovery (including the Queensland Reconstruction Authority’s Voluntary home buy-back program).

The proposed change will significantly reduce the regulatory burden on councils in delivering actions required under the Queensland and Australian Government’s Resilient Homes Fund Program – a $741 million fund to help Queenslanders across 39 local government areas whose homes were impacted by the 2021-2022 floods.

Under the MGR, the minor amendment process does not require a state interest review or public consultation. Facilitating the rezoning of VHBB properties through a minor amendment will significantly reduce the regulatory burden on councils in delivering the required actions under the Queensland Government’s Resilient Homes Fund.

Proposal

Amend the definition of minor amendment under schedule 1, section 2 of the Minister’s Guidelines and Rules

The change

  • Amend the Minister’s Guidelines and Rules to allow councils to rezone land as a minor amendment where the land has been purchased under a land acquisition scheme, wholly or partly funded by the Commonwealth, State or local government, for the purpose of disaster recovery (including QRA’s VHBB program)

The detail

  • The following zones are considered suitable for the rezoning of land as a minor amendment:
  • Open space
  • Conservation
  • Environmental management
  • Environmental management and conservation
  • Recreation and open space
  • Open space and recreation
  • Open space and reserve.
  • These zones have been selected following a planning scheme review of councils currently participating the VHBB program. Other zones within local government planning schemes were not considered suitable as they facilitate future development intensification that would be inconsistent with the intent of QRA’s VHBB program.
  • Consequential amendments to Part 2, Division 2, Subdivision 2, Sections 10, 14, 15 and 53 of the Planning Regulation and other supporting documentation (i.e. Guidance for the Minister’s Guidelines and Rules) will be required to give effect to the proposed changes to the MGR.


Administrative and minor changes

Changes are also proposed to generally improve the readability and presentation of the Minister’s Guidelines and Rules through several editorial and formatting changes. The proposed administrative and minor changes correct and change:

  • spelling and grammatical errors
  • formatting and presentation
  • redundant and outdated terms
  • inconsistent numbering of provisions
  • cross-referencing.

Have your say

We're seeking feedback on proposed changes to the Minister’s Guidelines and Rules.

You can have your say by completing the survey, or by making a written submission. The submission must be a properly made submission under the Planning Act to be accepted.

A properly made submission must:

  • be made to the Minister
  • be received on or before Friday 26 May 2023
  • be in writing and signed by each person who made the submission
  • state the name and residential or business address of each person who made the submission
  • state the grounds of the submission and the facts and circumstances relied on in support of the grounds.

Electronic submissions may be made provided they include the full name and email address (or other address) of the submitter by emailing BestPlanning@dsdilgp.qld.gov.au

Written submissions should be made by:

Post: MGR Feedback Planning Group, Department of State Development, Infrastructure, Local Government and Planning
GPO Box 611 BRISBANE QLD 4001

Feedback on the proposed changes is required by 26 May 2023.

Contact us

If you have any queries about the proposed amendments above, please contact BestPlanning@dsdilgp.qld.gov.au

To stay up to date on planning matters, check out the Planning website or follow us on Facebook.