Changes to requirements for public notices, access to documents and submissions

The Planning Act 2016 has been amended by the Housing Availability and Affordability (Planning and Other Legislation Amendment) Bill 2023 to reflect more modern and simplified requirements for publishing public notices, accessing documents and making submissions. It also simplifies requirements around publishing public notices for making or amended Development Assessment Rules and Minister’s Guidelines and Rules.

Why are changes needed?

Over recent years there has been a significant reduction in hard-copy newspaper circulation in Queensland, especially in regional areas. Consequently, it has become increasingly difficult for applicants and authorities to meet legislative requirements to publish notices for planning actions in newspapers ‘generally circulating in the area’.

Further, lockdowns and movement restrictions during the COVID-19 pandemic made it difficult or in some cases impossible for communities to access hard copy documents or ensure hard copy submissions were received by the due date.

It has also been identified that the process for making the Minister’s Guidelines and Rules, designation process rules and the Development Assessment Rules is resulting in duplicate notice requirements.

The change to public notice requirements aligns with changes to made to the Financial Accountability Act 2009 in 2021 which override the Planning Act 2016 (Planning Act) requirement for the state to publish public notices in hardcopy newspapers.

This process improvement has been extended to other provisions in the Planning Act and planning legislation including the Sanctuary Cove Resort Act 1985 and Integrated Resort Development Act 1987.

Key changes

• Public notices are no longer required to be in a hard copy newspaper in relation to:
  • new or amended state planning instruments
  • public notices required by urban encroachment provisions
  • public notices required under the Integrated Resort Development Act 1987 and Sanctuary Cove Resort Act 1985.
• Instead of the above, the Planning Act requires that the notice must be published in a way that the local governments considers is likely to bring the notice to the attention of persons likely interested in or affect by the local planning instruments.
• A properly made submission may be given electronically or in hard-copy, in the way stated in the public notice.
• A document that is required to be available for inspection or purchase may be given to a person as a copy electronically during a declared emergency.
• A single public notice is required, instead of two notices, once the following are prescribed by the Planning Regulation 2017:
  • the Minister’s Guidelines and Rules
  • the Designation Process
  • the Development Assessment Rules

Further information

For further information please contact the Department of Housing, Local Government, Planning and Public Works via planning4housing@dsdilgp.qld.gov.au.