Transitional Planning Scheme Provisions

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Mackay City Council

IDAS Consistent Scheme

Transitional Planning Scheme Provisions

21^st May 1999

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MACKAY CITY COUNCIL

TRANSITIONAL PLANNING SCHEME PROVISIONS

1. Introduction

1.1 Application of the Planning Scheme

(1) This planning scheme has been prepared in accordance with the provisions of the Local Government (Planning and Environment) Act and it applies to the whole of Mackay City.

(2) (a) Towards the end of the plan making process, new State government planning legislation, the Integrated Planning Act (IPA), was introduced.

With the IPA’s commencement at the end of March 1998, the Local Government (Planning and Environment) Act was repealed. The IPA allows for planning schemes to continue to be prepared under the repealed Act and to be implemented as transitional planning schemes.

This planning scheme is a transitional planning scheme for the purposes of the IPA.

(b) Under the IPA, the making, assessing and deciding of all development applications MUST be in accordance with the procedures set out in Chapter 3 of the IPA and called the Integrated Development Assessment System (IDAS) Chapter 6 of the IPA sets out the transitional provisions relevant to interpreting and using transitional planning schemes under IDAS.

(c) The transitional provisions of the IPA allow for transitional planning schemes to be amended to achieve consistency with the concepts and terms used for the purposes of the IDAS. Mackay City Council decided to take the opportunity to make its draft new planning scheme IDAS consistent (in accordance with Section 6.1.7 of the IPA) prior to finally adopting it as the City’s transitional planning scheme.

(3) This transitional planning scheme is intended to promote confidence amongst residents, public authorities and developers by providing clear guidelines about future development and use of premises within the City's urban and rural areas.

It aims to encourage orderly and sound growth while having proper regard to issues of environmental quality, community needs and benefits, and choice.

1.2 Contents of the Transitional Planning Scheme

(1) This transitional planning scheme consists of the following:

(a) A Strategic Plan for the City comprising:

(i) a statement of strategic aims and objectives and how they are intended to be achieved; and

(ii) a map identifying the preferred dominant land uses and basic infrastructure for the City.

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(b) Planning scheme provisions for the guidance, regulation and administration of development and use of premises.

(c) Zoning maps;

and it may in the future include:

(d) Local Area Plans.

(2) This transitional planning scheme is supported by any transitional planning scheme policies adopted or amended by Council from time to time in accordance with the relevant provisions of the Act.

(3) A document titled "The Planning Scheme for Mackay City - Planning Study Report, 1996" has been prepared which summarises the research and information on which this transitional planning scheme is based. The Planning Study Report supports, but does not form part of, this planning scheme and is available for inspection at the offices of the Council and those of the Department of Communication and Information, Local Government and Planning.

1.3 Explanation of the Approach of the Transitional Planning Scheme (1) This transitional planning scheme is based on a performance approach to

development control. This approach recognises that there are a number of ways in which development and use of premises can meet desired environmental, social and economic standards. In this approach, presenting what desired standards need to be met is considered to be equally important as prescribing how such standards should be met.

(2) (a) For the purposes of this transitional planning scheme (including the Strategic Plan, the planning scheme provisions and all Local Area Plans), each significant aspect of development and use of premises (referred to as an "element") is given an objective which is capable of being achieved by various means. The means by which each objective is to be achieved are included as performance criteria.

(b) Each development is required to satisfy, for each relevant element, all the objectives and performance criteria that apply to the particular development.

(3) Use only of the performance criteria for designing development may, in some cases, be excessively time consuming and/or costly. For this reason, the provisions include acceptable solutions which present one means by which the performance criteria can almost certainly be met. These acceptable solutions are not mandatory for assessable development, but where not used, the applicant needs to demonstrate, to Council’s satisfaction, the acceptability of proposed alternative solutions.

(4) (a) Each development proposal must demonstrate to the Council’s satisfaction that all applicable objectives and performance criteria will be achieved. In most cases, use of an acceptable solution is deemed to be a satisfactory demonstration of compliance. Where other solutions are proposed, the Council must be satisfied that they meet the objectives and performance criteria as well as, or better than, the acceptable solutions.

(b) For the Strategic Plan, acceptable solutions are not presented. In many cases, compliance with the detailed provisions contained

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elsewhere in the planning scheme can be regarded as a satisfactory solution.

(5) All development carried out after the commencement day must be, to the Council’s satisfaction, in accordance with the relevant provisions of:

(a) the Strategic Plan by:

(i) being generally consistent with the Vision for the Future;

(ii) upholding the Principles for development and use of premises;

(iii) meeting the applicable Strategic Aims, Strategic Objectives and General Strategies;

(iv) being in accordance with the Statements of Intent for the applicable Preferred Dominant Land Use Area or Other Land Use;

and

(v) achieving the applicable Objectives and Performance Criteria;

(b) the transitional planning scheme provisions by:

(i) being in accordance with the Statement of Intent and Development Requirements for the zone in which the land is situated as provided for by Part 4.0;

(ii) achieving the applicable Objectives and Performance Criteria of Part 5.0; and

(iii) where lot reconfiguration is involved, achieving the applicable Objectives and Performance Criteria of Part 6.0;

(c) any applicable Local Area Plan by:

(i) being in accordance with the Statement of Intent for the Precinct or Development Area in which the land is situated;

(ii) achieving the applicable Objectives and Performance Criteria;

and

(iii) being in accordance with any relevant Development Requirements;

(d) any applicable State Planning Policy or transitional planning scheme policy.

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2. Interpretation

2.1 Preliminary

(1) The following definitions have been formulated with a view to:

• using plain, modern English as much as possible;

• providing for a minimum number of application types and maximum flexibility i.e., performance based approach;

• eliminating duplication in the planning scheme;

• allowing for ease of interpretation and implementation by the public and Council;

• more appropriately reflecting existing and likely future issues; and

• promoting an understanding of the planning issues relevant to Mackay City.

(2) Where any term used in this transitional planning scheme is not defined in this scheme, but is defined by a Local Law, or a relevant Act, the term shall have the meaning given it by that Local Law or Act.

(3) Where there is any question about the definition of any use or proposed use, the definition of such use shall be as determined by Council having regard to the nature and scale of the use, and its likely impacts on surrounding areas and the environment.

(4) Where footnotes appear in this transitional planning scheme, they provide explanatory information only and do not form part of the planning scheme.

Reference should be made to any source document cited in any footnote for further or better details of the information provided

2.2 Administrative Definitions

(1) To assist the understanding of the land use definitions contained in Section 2.2 of this part transitional planning scheme, the following administrative terms have the meanings set out below.

"Access" means the practicable means of entry of persons and vehicles onto a lot, either existing or proposed, from a road which abuts the frontage of that lot;

"the Act" means the Integrated Planning Act or subsequent equivalent Act;

"Ancillary Use" refers to a use which is associated with, but incidental and subordinate to, another use;

"Bedroom" means a room which is used, intended for use, or capable of use as a bedroom;

"Buffer" refers to an area, structure or physical feature separating a source of environmental impact from an area or use sensitive to such impact. A buffer area may include public open space where the buffer function is incidental to and compatible with the use of that open space for other

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purposes, but shall not otherwise comprise part of any required park contribution;

"Building Setback" refers to a line or lines, fixed by Council, parallel to any boundary of a lot beyond which a building shall not encroach;

"Commencement Day" means the day upon which the Order in Council notifying that the Governor in Council has approved this planning scheme is published in the Gazette or such later day as may be stated in this transitional planning scheme;;

"Council" refers to Mackay City Council;

"Curtilage" means the area of land appurtenant to a building or other structure;

“Defined Urban Area” means land included in any of the following preferred dominant land use areas as depicted on the Strategic Plan Maps:

• Urban Residential

• Higher Density Residential

• Park Residential

• Future Urban

• Commercial Areas

• Major Business and Industry Areas

• Service and Commercial Industry Areas

• Village Areas

• Tourism Areas

"Development" has the meaning given to it in the Section 3.3 of this transitional planning scheme;

"Dwelling Unit" means habitable rooms and other spaces used or intended for use as a self-contained unit to accommodate one household;

"Elevation" means the vertical distance to a point from the horizontal plane known as the Australian Height Datum;

"Environmental Authority" means any licence or approval required under the Environmental Protection Act;

"Environmental Harm or Nuisance"¹, including "material" or "serious"

environmental harm, have the meanings given in the Environmental Protection Act;

1 The relevant definitions in Sections 14 to 17 of the Environmental Protection Act are summarised as follows:

• “Environmental harm” is any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration of frequency) on an environmental value.

• “Environmental harm” may be caused by an activity -

(a) whether the harm is a direct or indirect result of the activity; or

(b) whether the harm results from the activity along or from the combined effects of the activity and other activities or factors.

• “Environmental nuisance” is unreasonable interference or likely interference with an environmental value caused by -

(a) noise, dust, odour, light; or

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"Existing Use" means the use of any premises for the purpose for which it was lawfully used before the commencement day or for which a development approval was granted before the commencement day if the approval has not lapsed or been revoked;

"Family" means any one person maintaining a household or any one of the following groups of persons living together and maintaining a household by a common discipline:

(a) two or more persons related by blood, marriage or adoption; or

(b) not more than six persons, not necessarily related by blood, marriage, adoption, etc; or

(c) not more than six persons under the age of eighteen years and not necessarily related by blood, marriage or adoption and one or two adult persons having the care and control of them; or

(d) not more than six persons with disabilities permanently occupying a dwelling where care or assistance is or is caused to be provided by other persons provided that the number of any such other persons resident at the dwelling does not exceed two;

either with or without domestic servants;

"Frontage" means any boundary line, or part thereof, of a lot which coincides with the alignment of a road.

"Ground Level" means, unless the context otherwise requires:

(a) in a case where any material excavation with respect to the land the ground level whereof is to be determined has been carried out to facilitate the erection of a building or other structure and that building or part thereof is erected at the commencement day, the likely ground level had that building or other structure or part thereof not been erected.

(b) in a case where, on the land the ground level whereof is to be determined, any material or substance has been deposited so as to raise the level of that land and;

(i) that depositing of material or substance was not in contravention of the Planning Scheme or local law; and

(ii) that material or substance remains upon the land;

the ground level or probable ground level at the date of registration of the title deed for that lot;

(c) in any other case, that level at the commencement day.

(b) an unhealthy, offensive or unsightly condition because of contamination; or (c) another way prescribed by regulation.

• “Material environmental harm” is environmental harm (other than environmental nuisance) that is not trivial or negligible in nature, extent or context;

• “Serious environmental harm” is environmental harm (other than environmental nuisance) -

(a) that causes actual or potential harm to environmental values that is irreversible, of a high impact or widespread; or

(b) that causes actual or potential harm to environmental values of an area of high conservation value or special significance.

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"Habitable Room" means a room that is designed, constructed or adapted for the activities normally associated with domestic living, and for this purpose:

(a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, playroom, sunroom, and the like; and

(b) excludes, in addition to bathrooms, laundries, water closets, and the like, such rooms or spaces as food storage pantries, walk-in wardrobes, corridors, enclosed verandahs, hallways, lobbies, photographic darkrooms, clothes drying rooms and office spaces of a specialised nature occupied neither frequently nor for extended periods;

"Height", in relation to a building or structure, refers to the height of that building or structure measured from the level of the ground as at the commencement day up to the eaves or ceiling of that building or structure;

"Industrial Activity" means:

(a) (i) the making of any article or part of any article; or

(ii) the altering, repairing, servicing, ornamenting, finishing, cleaning, washing, freezing, packing or canning, or adapting for sale, of any article; or

(iii) the recycling of any material or article involving receiving and processing (other than only any collecting, stripping, sorting, packing, breaking up or demolition, storage and sale or distribution) of such material or article;

(iv) the on-site treatment or disposal of waste material; or

(v) the storage, whether for sale or not, of any solid, liquid or gaseous fuel; or

(vi) any process of scientific or technological research, and (b) when conducted on the same site as any of the above activities:

(i) the storage of goods or materials used in connection with or resulting from any of the above activities; or

(ii) the sale of goods, resulting from such activities; or

(iii) any work of administration or accounting in connection with such activities.

"Integrated Development" means development of premises which are comprehensively planned, designed and built (either at one time or staged) and which incorporate common and/or related design elements;

"Minor Development":

(a) includes building work which:

(i) will not increase the floor area of an existing building, or

(ii) will only increase the floor area of an existing building by less than 10%, or 25 square metres, whichever is the lesser,

(b) excludes the erection of any building or structure having a height of greater than 7.5 metres;

(c) excludes reconfiguring a lot to create additional lots;

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(d) excludes an increase in the area of land used for a particular purpose by more than 50 m² or 10%, whichever is the lesser;

"Minor Quantities of Dangerous Goods" refers to the storage, handling, use or production of dangerous goods as mentioned in the Australian Code for the Transport of Dangerous Goods by Road and Rail (ADG Code), and flammable and combustible liquids, where the quantity of such dangerous goods and liquids on the site of any factory, industrial workshop or warehouse at any one time is less than the following:

(a) The storage, use or production of dangerous goods included in Classes 1, 2, 4, 5, 6, 8 and 9 of the ADG Code involves:

(i) quantities less than those specified in the table below:

TABLE

Class Type Quantity

litres/kilograms

Class 1 Explosives 25 kg/litres

Class 2.1 Flammable gases other than LPG 2,000 litres

Class 2.2 Non-flammable gases 20,000 litres

Class 2.2(5) Non-flammable oxidising gases 2,000 litres

Class 2.3 Poisonous gases 100 litres

Class 4.1 Flammable Solids

a) Packaging Group I b) Packaging Group II c) Packaging Group III

250 kg/litres 2,000 kg/litres 5,000 kg/litres Class 4.2 Spontaneously combustible solids

125 kg/litres 1,000 kg/litres 2,500 kg/litres Class 4.3 Dangerous when wet solids

250 kg/litres 2,000 kg/litres 5,000 kg/litres Class 5.1 Oxidising agents

1,250 kg/litres 10,000 kg/litres 25,000 kg/litres Class 5.2 Organic Peroxides

125 kg/litres 1,000 kg/litres 2,500 kg/litres Class 6.1 (a) Poisonous substances

250 kg/litres 2,000 kg/litres 5,000 kg/litres Class 6.1 (b) Harmful substances

1,250 kg/litres 10,000 kg/litres 25,000 kg/litres

Class 6.2 Infectious substances 100 kg/litres

Class 8 Corrosives

1,250 kg/litres 10,000 kg/litres 25,000 kg/litres Class 9 Miscellaneous dangerous substances 25,000 kg/litres

(ii) provided that the aggregate quantity of all such dangerous goods on the site at any one time:

(A) in the case of liquids, does not exceed 50,000 litres;

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(B) in the case of dangerous goods other than liquids, does not exceed 50,000 kilograms; or

(C) in the case of both liquids and other dangerous goods, where the total number of litres and kilograms is added together does not exceed 50,000.

(b) The storage, use or production of liquefied petroleum gas, flammable liquids included in Class 3 of the ADG Code and/or combustible liquids as defined in Australian Standard 1940 - The Storage and Handling of Flammable and Combustible Liquids, both as amended from time to time, involves:

(i) quantities of gas or liquid stored (as indicated by the design capacity of the storage system) or intended to be stored above ground less than the quantities specified in the Table below:

TABLE

Class Type Quantity

Class 2.1 Liquefied petroleum gas 8,000 litres

Class 3.1 Flammable liquids 2,500 litres

Class 3.2 Flammable liquids 5,000 litres

None Specified Combustible liquids 10,000 litres

(ii) provided that the aggregate quantity of all such types of gas and liquid stored or intended to be stored below ground is less than 250,000 litres.

(c) The storage of any quantity of liquefied petroleum gas and flammable and combustible liquids where the storage is for part of the lawful use of the premises for the purposes of a Public Utility or Service Station.

For the purposes of this definition, "Packaging group" is a categorisation of dangerous goods for packaging purposes, recommended by the United Nations Committee of Experts on the Transport of Dangerous Goods, according to the degree of danger they present as follows:

(a) Great danger - Packaging Group I (b) Medium danger - Packaging Group II (c) Minor danger - Packaging Group III

"Plan of Development" means a plan which has been approved by Council as part of a development approval. This plan shall be referred to in the conditions of such approval, and shall describe the nature, layout and extent of the approved development of the land by way of any map, diagram, section, detail, schedule or drawing;

"Plot Ratio" means the ratio between the total floor area of a building and the area of the site upon which the building is located:

"Regulated Waste" refers to non-domestic waste mentioned in the Queensland Government’s current Environmental Protection Regulation;

"Relocatable Home" means a Class 1 building under the Building Code of Australia which is:

(a) constructed away from the site at which it is erected;

(b) designed to be moved away from one location to another; and

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(c) ordinarily able to be moved within 24 hours of commencement of work associated with the move;

"the Repealed Act" means the Local Government (Planning and Environment) Act 1990;

"Rooming Unit" means any part of a building used or intended for use to accommodate one household but which is not a self-contained unit;

"Sensitive Receiving Environment" refers to any of the following:

(a) land included in:

• a residential zone; or

• a Particular Development Zone which is designated for any health, education or community care facility.

(b) an existing lawful use which Council considers has the potential to be significantly adversely affected by a proposed development; or

(c) any natural, cultural or community place, process, use or facility which Council considers has the potential to be significantly adversely affected by a proposed development;

"Scheme Maps" means the maps forming part of this transitional planning scheme, approved by the Governor in Council and signed for identification by the Clerk of the Executive Council, copies of which are open for inspection at the office of the Council and at the office of the chief executive of the Department of Communication and Information Local Government and Planning.

"Site" means any land on which development is carried out or is proposed to be carried out whether such land comprises:

(a) the whole of any one lot, or parcel of land;

(b) only part of one lot of land;

(c) more than one lot of land where each such lot is contiguous with the other or another of such lots; or

(d) conjointly used lands which are not adjoining lands.

"Site Coverage" is defined as the largest area of the site occupied by the building at any level projected on to a horizontal plane and is expressed as a percentage of total site area, provided that;

(a) in the calculation of site coverage, the area of land occupied by the building shall be calculated by measuring along the external perimeter of the building/s including all verandahs/balconies, patios, passageways, staircases, etc;

(b) on all zones, the percentage of site coverage shall include all ancillary buildings (e.g., restaurants, foyers, reception areas) except where, in the opinion of the Council, such ancillary buildings are considered to be outbuildings (garage, carports, pergolas and the like); and

(c) for developments where several buildings of different storeys are proposed to be erected on the one site, the site coverage for the entire development will be assessed on the basis of the site coverage requirements specified in the transitional planning scheme provisions as applicable to the tallest structure.

"Transitional Planning Scheme Area" includes the whole of Mackay City Council area;

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2.3 Use Definitions

(1) In this planning scheme, unless the context otherwise indicates or requires:

"Accommodation Units" means any premises comprising an integrated development of rooming units. The term includes retirement villages, boarding houses, guest houses, hostels, unlicensed hotels, unlicensed residential clubs, serviced rooms, student accommodation, or any similar use, but does not include bed and breakfast accommodation, a caravan park, a dwelling house, an host farm, an hotel, a motel, multiple dwelling units, or any other development comprising only detached dwelling units. For the purposes of calculating equivalent residential density, each rooming unit shall be taken to equal 0.65 of a dwelling unit;

"Agriculture" means any premises used for the growing of crops, pastures, flowers, fruit, vegetables and the like on a commercial basis;

"Airport" means an authorised public landing area for aircraft, including facilities for the:

(a) housing, servicing, maintenance and repair of aircraft;

(b) assembly of passengers or goods prior to, or the dispersal of passengers or goods subsequent to the embarkation, or disembarkation, of such passengers or goods; and

(c) convenience and refreshment of passengers and their guests;

"Animal Husbandry" means any premises used for the keeping, depasturing or stabling of any animal, bee, bird, fish, insect or reptile. The term includes the use of land for animal breeding establishments, holding yards, hatcheries, temporary supplementary feeding of stock and aquaculture. The term does not include the keeping of domestic pets or those classes of husbandry which are separately defined (including a feedlot, kennels, an ostrich/emu farm, a piggery and a poultry farm);

"Bed and Breakfast Accommodation" means a dwelling house with the owner living on site which may provide overnight accommodation and meals for tourists or the travelling public on an occasional basis. The term does not include farm stay accommodation as separately defined;

"Bulk Landscape Supplies" means any premises used for the sale or distribution of sand, soil, screenings and other such garden materials where such material is received on the site in quantities greater than 3 cubic metres.

The term includes the sale of timber logs, sleepers, and other such garden and landscape materials. The term does not include extractive industry, hardware store or plant nursery as separately defined;

"Bulk Store" means any premises used for the bulk storage of goods, where the goods stored or to be stored are not required for an industrial or commercial use on the same parcel of land or on adjoining land in the same ownership. The term does not include a warehouse as separately defined;

"Caravan Park" means any premises used for the parking and/or siting of caravans for the purpose of providing accommodation. The term includes the use of camping areas and cabins for short term accommodation where such camping areas and cabins are ancillary to the caravan park use. The term also includes any manager’s office and residence, any amenity buildings and recreation and entertainment facilities which cater exclusively for the

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occupants of the caravan park. The term does not include the use of premises for a relocatable home park which is separately defined;

"Caretaker’s Residence" means any premises used as a dwelling-unit for a caretaker in connection with a particular purpose on the same site. This term includes a dwelling unit provided for employees who are required to be accommodated on the same site as the particular purpose in which they are employed;

"Car Repair Workshop" means any premises used for commercially servicing, repairing or maintaining motor vehicles or motor vehicle equipment, and the like, including engine tuning, engine reconditioning, radiator repairs and panel beating. The term does not include a service station as separately defined;

"Catering Shop" means any premises used for preparing and providing food and drink for sale to the public, and includes but is not limited to, any of the following activities:

• Cafe

• Espresso Bar

• Fast-food Outlet

• Kiosk

• Milk Bar

• Premises specified in a tavern licence or a limited hotel license or other license issued under the Liquor Act including those requiring an outdoor dining permit

• Restaurant

• Snack Bar

• Take-away Food Shop

• Tea Room or Tea House

"Cemetery" means any premises used for the burial of the dead. The term includes any funeral chapel or parlour or columbarium erected on such premises in connection therewith;

"Child Care Centre" means any premises used for the minding, education or care, but not residence, of children under school age. The term includes a kindergarten or a creche. The term does not include family day care as separately defined;

"Commercial Premises" means any premises used as a business office or for other business or commercial purposes. The term does not include a health centre, a home-based business, a local store, a professional office, a service industry, a shop or a showroom as separately defined;

"Crematorium" means any premises used for the reduction of the human body to ashes after death. The term includes any funeral chapel or parlour or columbarium erected on such premises and work in connection therewith;

"Dependant Accommodation" means a self-contained unit which:

(a) is located within or attached to a dwelling house;

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(b) is occupied or intended to be occupied by an aged, infirm or dependant relative of the resident of the dwelling house or the carer of such relative;

(c) has direct access to the dwelling house; and

(d) is located in the rural area in accordance with Council’s relevant transitional planning scheme policy.

"Dwelling House" means a single detached dwelling unit which is sited on one lot and which provides accommodation for a family. The term does not include a caretaker's residence, a caravan or relocatable home, relatives accommodation or a dwelling unit which forms part of a multiple dwelling units or accommodation units premises;

"Educational Establishment" means any premises used for a school, college, university, sheltered workshop, art gallery, cultural centre, museum, library, lecture hall, or for any similar activity, i whether or not residential accommodation and ancillary uses are provided for the occupants of such premises;

"Environmentally Assessable Industry" means premises used for any industrial activity which:

(a) requires an environmental license, or

(b) involves the use, storage, handling or disposal of any radioactive substance or material, or

(c) otherwise involves dangerous goods in quantities that are not minor.

The term includes the activities of those industries or any similar industry, in the following groups; but does not include any activity carried out for a separately defined purpose:

The term "Environmentally assessable industry" is considered to include any of the following activities (where the activity otherwise falls within the definition of such use) or any similar activity:

(a) Group I - Animal Products Processing, Food Processing and Beverage Production Activities:

(i) Meat processing - slaughtering animals for commercially producing meat or meat products for human consumption, or processing or packaging of meat or meat products for human consumption, in works (other than a retail butcher shop) having a design production capacity of 1,000 tonnes or more a year;

(ii) Pet, stock or aquaculture food manufacture - commercially manufacturing or processing pet, stock or aquaculture food (other than an abattoir, slaughter house, rendering works or animal glue or gelatine works);

(iii) Rendering operations - commercially processing or extracting substances, including, for example, fat, tallow, derivatives of fat or tallow or proteinacious matter, from animal wastes or by-products (other than an operation using wastes solely derived from an activity mentioned in item (ii)) in works having a design production capacity of more than 10 tonnes a year;

(iv) Tanning - commercially operating a tannery or works for curing animal skins or hides, or commercially finishing leather;

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(v) Brewing - commercially producing any beer or other alcoholic beverage in works having a design capacity of 400,000 litres or more a year;

(vi) Beverage production - commercially producing any non-alcoholic beverage in works having a design capacity of 200,000 litres or more a year;

(vii) Edible oil processing - commercial vegetable oil or oilseed processing in works having a design production capacity of 1,000 tonnes or more a year;

(viii) Flour milling - commercial processing of grain crops by crushing, grinding, milling, separating or sizing in works having a design production capacity of 1,000 tonnes or more a year;

(ix) Milk processing - separating, evaporating or processing milk (other than on a farm) or manufacturing evaporated or condensed milk, cheese, butter, ice cream or other dairy product in works having a design production capacity of 200 tonnes or more a year;

(x) Seafood processing - commercially processing seafood, including removing the scales, gills, intestines or shells, filleting, chilling, freezing or packaging seafood in works having a design production capacity of more than 100 tonnes a year;

(xi) Smoking, drying or curing works - smoking, drying or curing meat, fish or other edible products by applying heat, smoke or other dehydration method in works (other than a retail butcher shop or chicken outlet) having a design production capacity of 200 tonnes or more a year;

(xii) Sugar milling or refining - crushing sugar cane or manufacturing sugar or sugar cane products (such as molasses or cane syrup) from sugar cane;

(xiii) Other food processing - processing of any other food, including bottling, canning and packaging food, in works having a design production capacity of 200 tonnes or more a year.

(b) Group II - Wood and Paper Product Processing Activities:

(i) Chemical treatment of timber - commercially treating timber for preservation using chemicals, including, for example, copper, chromium, arsenic, borax and creosote;

(ii) Saw milling or wood chipping - sawing, cutting, chipping, compressing, milling or machining timber or drying timber in a kiln, in a mill or works having a design production capacity of more than 100 tonnes a year;

(iii) Wood product manufacturing - commercially manufacturing or fabricating wood products, including cabinet-making activities, in works having a design production capacity of more than 1 tonne a year;

(iv) Pulp or paper manufacture - manufacturing pulp, paper or cardboard in works having a design production capacity of more than 100 tonnes a year;

(v) Printing - commercially printing (other than photocopying), magazines and newspapers.

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(c) Group III - Chemical, Coal and Petroleum Products Activities:

(i) Alcohol distillation - commercially distilling alcohol in works having a design production capacity of more than 2,500 litres a year;

(ii) Chemical manufacturing, processing or mixing - manufacturing or processing an inorganic chemical, organic chemical or chemical product, or mixing inorganic chemicals, organic chemicals or chemical products, in a plant or works having a design production capacity of 200 tonnes or more a year;

(iii) Chemical storage - storing chemicals (other than petroleum products), including crude oil, ozone depleting substances, gases or dangerous goods under the Australian Code for the Transport of Dangerous Goods by Road and Rail in containers having a design storage volume of more than 1,000 cubic metres;

(iv) Coke production - producing, quenching, cutting, crushing or grading coke;

(v) Gas production - commercially producing gas by any method, including the reforming of hydrocarbon gas;

(vi) Paint manufacture - manufacturing paint in works having a design capacity of more than 10,000 litres a year;

(vii) Petroleum product storage - storing petroleum products in tanks or containers having a combined total storage capacity of 500,000 litres or more;

(viii) Petroleum refining or processing - refining or processing of crude oil, shale oil or gas in works having a design production capacity of 500,000 litres or more a year;

(ix) Power station - operating power by consuming fuel at a rated capacity of 10 megawatt electrical or more.

(d) Group IV - Metal and Fabricated Metal Products Activities:

(i) Metal foundry - commercially producing metal products by injecting or pouring molten metal into moulds and associated activities, including, for example, handling of sand, producing moulds and grinding, buffing and polishing metal products, in works having a design production capacity of more than 10 tonnes a year;

(ii) Metal works - commercially smelting or processing ores or ore concentrates to produce metal in works having a design production capacity of more than 10 tonnes a year;

(iii) Mineral processing - commercially processing, classification, mixing or concentration of mineral ores to produce mineral concentrates in works having a design production capacity of more than 1,000 tonnes a year;

(iv) Boiler making or engineering - commercial boilermaking, electrical machine manufacturing or construction or assembly of vehicles, agricultural equipment or heavy machinery;

(v) Abrasive blasting - commercially cleaning equipment or structures using a stream of abrasives;

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(vi) Metal forming - pressing, forging, extending, extruding or rolling metal, forming metal into plate, wire or rods or fabricating sheet metal;

(vii) Metal surface coating - galvanising, anodising or plating metals in works having a design production capacity of more than 1,000 tonnes a year;

(viii) Metal finishing - commercial spray painting, powder coating or enamelling metal surfaces.

(e) Group V - Non-Metallic Mineral Product Manufacturing:

(i) Asbestos products manufacture - manufacturing an asbestos product;

(ii) Asphalt manufacture - manufacturing asphalt;

(iii) Cement manufacture - manufacturing cement;

(iv) Clay or ceramic products manufacture - manufacturing clay or ceramic products, including bricks, tiles, pipes, pottery goods and refractories, in works having a design production capacity of more than 200 tonnes a year;

(v) Concrete batching - commercially producing concrete or producing concrete products by mixing cement, sand, rock, aggregate or other similar materials in works (including mobile works) having a design production capacity of more than 100 tonnes a year;

(vi) Glass or glass fibre manufacture - manufacturing glass or glass fibre in works having a design capacity of more than 200 tonnes a year;

(vii) Mineral wool or ceramic fibre manufacture - manufacturing mineral wool or ceramic fibre;

(viii) Plaster manufacture - manufacturing or processing plaster in works having a design production capacity of 200 tonnes or more a year.

(f) Group VI - Waste Recycling, Reprocessing and Disposal:

(i) Battery reprocessing - reprocessing of any kind of batteries;

(ii) Chemical or oil recycling - commercially reprocessing used chemicals, oils or solvents to produce saleable products;

(iii) Drum reconditioning - commercially reconditioning metal or plastic drums;

(iv) Waste tyres - commercially reprocessing tyres (other than retreading tyres);

(v) Incineration facility - operating a facility for incinerating:

• general waste at a rate of more than 5,000 tones a year; or

• biomedical or quarantine waste; or

• regulated waste;

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(vi) Regulated waste recycling, reprocessing, storage, treatment or disposal - operating a facility for recycling, reprocessing, storing, treating or disposing of regulated waste;

(vii) Compost manufacture - commercially storing, processing, drying or composting organic material or wastes, including, for example, animal manures, sludges and domestic waste, for manufacturing soil conditioners or fertilisers in works having a design production capacity of 200 tonnes or more a year.

(g) Group VII - Miscellaneous Industrial Activities:

(i) Tobacco processing - processing tobacco (other than drying tobacco on a tobacco farm) or manufacturing products from tobacco or a tobacco derivative;

(ii) Textile operations - commercial carpet manufacturing, wool scouring or carbonising, cotton ginning or milling, or textile bleaching, dying or finishing;

(iii) Plastic manufacture - commercially manufacturing plastic, blown plastic foam or fibre reinforced plastic products in works having a design production capacity of more than 1 tonne a year;

(iv) Tyre manufacturing or retreading - manufacturing or retreading tyres (other than putting grooves in used tyres at a tyre service centre or service station);

(v) Battery manufacture - manufacturing batteries of any kind;

(vi) Boat building or repair facility - operating a commercial facility for boat building or repairs;

(vii) Crushing, milling or grinding - processing products (other than agricultural products and for the purposes of extractive industry), including, for example, uncured rubber and chemicals, by crushing, grinding, milling or separating into different sizes in works having a design production capacity of 5,000 tonnes or more a year;

(viii) Fuel burning - any process involving the use of fuel burning equipment, including a standby power generator and dry cleaning equipment (other than single gas fired equipment with a heat input rating of 500 megajoules an hour or less) that is capable of burning (whether alone or in total) 500 kg or more of fuel an hour.

"Extractive Industry" means any premises used for commercially winning or treating on or under the land or on adjacent land, gravel, rock, sand, soil, stone, turf or other similar materials. The term does not include mining within the meaning of the Mineral Resources Act;

"Family Day Care" means that part of a dwelling house used for the reception and minding or care of more than two children, for a day or part of a day, for fee or reward by a person residing on the premises and which is conducted in accordance with the Family Day Care Regulations, as amended from time to time;

"Farm Stay Accommodation" means any premises used as overnight tourist accommodation, where such accommodation is provided in conjunction with and is ancillary to bona fide rural farming activities being conducted upon the same site. The term does not include accommodation units, bed and breakfast accommodation, a caravan park, a dual occupancy,

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a hotel, a motel, multiple dwelling units or a relocatable home park as separately defined;

"Feedlot" means any premises used for the keeping of cattle where such animals are sustained on prepared or manufactured fodder except for drought or other emergency feeding. The term includes cattle feedlots within the meaning of the Stock Act;

"Forestry" means any premises used for the planting, growing and harvesting of trees as a commercial venture. The term does not include a State Forest within the meaning of the Forestry Act or logging;

"General Industry" means any premises used for any industrial activity which is not separately defined;

"Hardware Store" means any premises used for display and sale, by retail, of any of the articles listed below and includes any space used for ancillary storage of articles for sale or hire:

• Building supplies

• Domestic hardware

• Fence post and palings

• Plumbing supplies

• Sand and/or gravel in small quantities

• Sawn timber

• Solid fuel

• Stock feed

• Veterinary supplies

"Health Centre" means any premises used as a maternal and child welfare centre, an x-ray centre or a district clinic, or for the providing of professional services of a physiotherapist, medical practitioner, dentist, psychiatrist, or chiropractor or for other approved health services. The term does not include a hospital as separately defined;

"Home-Based Business" means an occupation or profession carried on, in, under or within the curtilage of a dwelling house, by a resident of the dwelling house where such occupation or profession is wholly or substantially carried on at or from such premises;

"Hospital" means any premises used as a hospital, sanatorium, nursing home, or home for infirm, incurable or convalescent persons, including buildings and other structures associated with such use;

"Hotel" means any premises used for the sale of liquor for consumption on the premises, whether or not the premises are also used for:

• the sale of liquor for consumption elsewhere, and/or

• facilities for dining, dancing and similar entertainments, and/or

• overnight accommodation.

"Indoor entertainment" means any premises used or intended for use for any sporting or other recreational activity or leisure pastime which is

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conducted wholly or mainly indoors. The term includes the following activities or any similar activity:

• Amusement parlour or centre

• Art gallery

• Billiard saloon

• Bowling centre or indoor bowls

• Cinema

• Circus (indoor)

• Club (non-residential) (licensed or unlicensed)

• Commercial or community swimming pool (indoor)

• Concert hall

• Convention venue

• Court or rink (indoor) other than for private/domestic use

• Dance hall

• Gymnasium

• Meeting hall (other than places of worship)

• Music hall

• Premises specified in a Cabaret Licence issued under the Liquor Act (including night clubs)

• School of art

• Side show (indoor)

• Skating rink (indoor)

• Sound lounge

• Squash court

• Stadium (indoor)

• Theatre (indoor)

• Youth centre.

The term does not include a clubhouse or ancillary building used in association with an outdoor entertainment or park as separately defined;

"Institution" means any premises used as:

(a) an institution for the care, treatment and/or accommodation of the mentally ill;

(b) a penal institution, a reformatory, a prison or any other institution for the reform or training of persons committed thereto by a Court; or (c) an orphanage; or

(d) any other similar institution;

"Junk Yard" means any premises used for the collection, storage, abandonment or sale of scrap materials or scrap goods, or used for the

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collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery and for the sale of parts thereof;

"Kennels" means any premises used for the breeding or boarding of dogs or cats or both, for commercial gain, subject to compliance with Council’s relevant local laws and policies;

"Local Community Facility" means any premises used for social welfare purposes, counselling, the provision of community advice or instruction or the like. The term does not include an institution as separately defined or any business or commercial operation which is separately defined;

"Local Store" means any premises used for the display and sale by retail of food and groceries where:

(i) the gross floor area so used is not greater than 200 square metres;

and

(ii) the premises are not so used before 6.00 am nor after 9.00 pm on any day, except for ancillary storage, maintenance or security surveillance.

The term includes the use of premises for ancillary storage or any other ancillary purpose including preparation of food, sale of newspapers, books and magazines and other similar articles;

"Local Utility" means any premises used by a government, semi- government, statutory or local authority in the course of a minor public utility undertaking relating to the provision of water supply, sewerage, electricity, gas, telecommunications, transport or drainage services where these activities involve the following:

(a) telecommunication facilities which are determined to be “low impact”

as defined for the purposes of the Telecommunications Act; or (b) otherwise:

(i) the construction or use of any building or other structure having a floor area of not greater than 50 m² or a height greater than 5 metres, or

(ii) the use of land of not more than 800 m² in area;

"Logging" means any premises used for the harvesting of naturally grown trees as a commercial venture. The term does not include agriculture or forestry as separately defined;

"Major Industry" means any premises used for an industry which is prescribed by the State Development and Public Works Organisation Act, is the subject of a special Act of Parliament, or is the subject of a development agreement with the Queensland Government;

"Maritime Services" means any premises used for any industry or activity of a maritime nature other than aquaculture or an Environmentally assessable industry as separately defined. The term includes the use of premises for any of the following activities:

• Boat building

• Boat hire/charter offices

• Drydock facilities

• Marina

• Marine engineering, maintenance and repairing

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• Oceanarium

• Ships chandler

• Warehouses associated with waterfront activities

• Wharves, docks and moorings;

"Motel" means any premises used for the temporary accommodation of travellers, where such accommodation is provided in serviced guest rooms or suites each containing its own ablution facilities but not being self- contained in terms of food preparation and laundry areas. The term includes a self- contained manager’s residence and office, dining room and facilities for the provision of meals to such travellers. Dining facilities which are open for patronage by the general public as well as travellers are not included. For the purposes of calculating equivalent residential density, a motel room/suite shall be taken to equal 0.65 of a dwelling unit;

"Multiple Dwelling Units" means any premises used for two or more dwelling units on any one lot ;

"Off-Street Car Park" means any premises used solely for the temporary parking or temporary storage of motor vehicles;

"Ostrich/Emu Farm" means premises used for the keeping, breeding, depasturing, feeding and/or watering of ostriches and/or emus;

"Outdoor Entertainment" means any premises used for any sporting or recreational activity, or other leisure pastime, which is conducted wholly or mainly outdoors. The term includes the following activities or any similar activity, and the term also includes the provision of clubhouse and other ancillary facilities, but does not include a park as separately defined:

• Circus (outdoor)

• Commercial or community swimming pool (outdoor)

• Coursing track

• Court or rink (outdoor) other than for private/domestic use

• Cycling track

• Drive-in theatre

• Exhibition

• Fair

• Golf driving or archery range

• Golf putting course

• Model car, boat or aeroplane operation

• Race track

• Riding school (excluding stabling)

• Showground

• Side Show (outdoor)

• Speedway

• Stadium (outdoor)

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• Theatre (outdoor)

• Trotting track

• Zoo;

"Outdoor Sales Premises" means any premises used for the display and retail sale of such goods as agricultural equipment, boats, caravans, large machinery, motor vehicles, modular swimming pools, trucks and trailers, in a predominantly outdoor setting. The term includes an ancillary office, servicing area and the ancillary indoor display and retail sale of goods. The term does not include bulk landscape supplies, machinery showroom, plant nursery, roadside stall or showroom as separately defined;

"Park" means the use for conservation or recreational purposes of land which is normally open to the public with or without charge and includes any vehicle parking areas associated therewith. The term includes a children’s playground and a sports field or outdoor court;

"Piggery" means any premises used for the keeping, pasturing, feeding or watering of pigs;

"Place of Worship" means any premises used primarily for the public religious activities of a religious organisation, community or association. The term does not include an educational establishment as separately defined;

"Plant Nursery" means any premises used for the propagation and sale by retail of plants, shrubs and trees suitable for use in gardening or landscaping.

The term includes the ancillary use of such premises for the sale, displaying or offering for sale of any one or more of the following where suitable for use in gardening or landscaping:

(a) seeds or other propagative plant material;

(b) landscaping materials where such material is stored in bins in quantities of less than 3 cubic metres and received in quantities not exceeding 1 cubic metre;

(c) garden tools or equipment, where no such tool or item of equipment has a motor of more than 1 kW.

The term does not include bulk landscape supplies, a hardware store or extractive industry as separately defined, or the storage, servicing or maintenance of vehicles, plant or equipment used in the business of a landscaping contractor. The term also does not include the use of any earthmoving machinery in conjunction with the business;

"Poultry Farm" means any premises used for the keeping of poultry. The term "poultry" means any fowl, duck, goose, turkey or the young thereof;

"Professional Office" means any premises used for the provision of services from any professional person(s), including but not limited to, accountants, architects, artists, computer programmers/technicians, drafters, engineers, graphic designers, landscape architects, lawyers, photographers, surveyors and town planners;

"Public Utility" means any premises used for the purposes of any major utility installation or undertaking for:

(a) the public supply of water, hydraulic power, telecommunications, electricity or gas;

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(b) the provision to the public of telephone services or sewerage or drainage works;

(c) public transport services operated by a public authority, including a statutory corporation.

The term does not include a local utility or major industry as separately defined;

"Relocatable Home Park" means any premises used for the parking or location thereon of two or more relocatable homes for the purpose of providing residential accommodation. The term includes ancillary amenities buildings, a kiosk and recreational facilities where maintained for the use of patrons of the relocatable home village. The term does not include a caravan park or a motel as separately defined;

"Roadside Stall" means any premises which fronts a road and which is for the display and sale to the public of rural produce where the adjoining land is used for rural purposes;

"Rural Storage Building" means any building used for the storage of farm implements or produce for the farm on which it is located. The term does not include a stable as separately defined;

"Rural Service Industry" means any premises used for handling, treating, processing, packing or distributing primary products and includes the servicing in a workshop of plant and equipment used or intended for use for rural purposes in the locality;

"Seaport" means a seaport for which the Mackay Port Authority is responsible including the following facilities:

(a) mooring, servicing, maintenance and repair of vessels;

(b) loading and unloading facilities for goods and passengers;

(c) infrastructure facilities for vessels including petroleum based products;

(d) equipment used for navigation purposes; and (e) pilotage services.

"Service industry" means premises used for any small-scale industrial activity which:

(a) occupies not more than 450 square metres of gross floor area; and (b) otherwise has no or little potential to cause material or serious

environmental harm or nuisance; and

(c) involves no dangerous goods, or only minor quantities of dangerous goods.

The term includes the following activities or any similar activity:

(a) making any of the following:

• dental prostheses

• fashion accessories

• flags and pennants

• footwear

• garments

• jewellery

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• millinery

• optical goods (being spectacles and the like)

• rubber stamps

• soft furnishings

• toys

• trophies

(b) assembling any of the following from components manufactured elsewhere:

• aids and appliances for the disabled

• audio-visual equipment and computers or computer equipment

• barbecues

• bicycles (not motorised)

• blinds

• camera and other portable photographic equipment

• clocks and watches

• furniture

• musical instruments

• portable domestic electrical appliances

• portable domestic lighting, fittings and accessories

• portable office machinery and equipment

• power tools

• recording and sound equipment

• scientific and electronic instruments and equipment

• sewing machines

• sports equipment (other than ammunition, vehicles and water craft)

• television and video equipment

• umbrellas

(c) repairing or servicing any of the following:

• any goods mentioned in (a) or (b) above

• drawing or writing instruments

• leather goods

• mowers (including motor mowers and portable gardening equipment)

• travel goods

(d) providing any of the following services:

• book-binding

• document duplicating or copying

• engraving (by hand)

• laboratory facilities

• locksmith services

• photocopying

• photographic film processing

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• photographic plate-making, sing-making and similar processes

• picture framing

• plan printing

• restoration of small articles of a personal or domestic nature (other than furniture), or works of art

• studio facilities;

whether or not goods are made, made in part, repaired or finished only for sale on the site, or the premises are used only for the receipt or return of goods to be serviced, cleaned, altered or repaired.

"Service Station" means any premises used for the sale by retail of petrol and automotive distillate or any derivatives therefrom, capable of use in internal combustion engines; and for all or any of the following activities, namely:

(a) The sale by retail of:

(i) lubricating oils and greases; or (ii) batteries and/or tyres ; or

(iii) accessories and other things associated with vehicles motivated by internal combustion engines; or

(iv) power and lighting kerosenes; or

(v) goods for the comfort and convenience of travellers by motor vehicles;

(vi) other products manufactured or distributed by oil companies and motor accessory manufacturers;

(b) The carrying out of all or any of the following operations, namely:

(i) The fitting, removal and exchange of tyres; or (ii) The repairing of tubes; or

(iii) The supply of compressed air; or (iv) The charging of batteries; or

(v) The lubrication and greasing of motor vehicles; or

(vi) The cleaning and adjustment and replacement of spark plugs;

or

(vii) The receipt of tyres for retreading and other processes and the re-delivery thereof; or

(viii) Running repairs of a minor nature and of a type which do not normally immobilise a vehicle for a period longer than four hours; or

(ix) The washing of motor vehicles;

(c) The rendering of minor services incidental to any of the foregoing;

(d) The hiring of equipment on a small scale basis for domestic gardening purposes;