Planning (Inclusionary Zoning Strategy) Amendment Bill 2023
Parliment No. 57
19 April 2023
Bill No. 11

Planning (Inclusionary Zoning Strategy) Amendment Bill 2023*


Queensland Crest

An Act to amend the Planning Act 2016 for particular purposes

The Parliament of Queensland enacts—

1Short title

This Act may be cited as the Planning (Inclusionary Zoning Strategy) Amendment Act 2023.

2Act amended

This Act amends the Planning Act 2016.

3Insertion of new ch 7, pt 4D

Chapter 7
insert—

Part 4D Inclusionary zoning strategy

275ZI Definitions for part

In this part—
dwelling means a building, or part of a building, that—
(a)is used, or is capable of being used, as a self-contained residence; and
(b)contains—
(i)food preparation facilities; and
(ii)a bath or shower; and
(iii)a toilet; and
(iv)a wash basin; and
(v)facilities for washing clothes.
public housing see the Housing Act 2003, section 8(4).

275ZJ Implementing inclusionary zoning strategy

(1)The Minister must, within 2 months after the relevant date, introduce a Bill in the Legislative Assembly that achieves the objectives mentioned in sections 275ZK and 275ZL.
(2)In this section—
relevant date means the date of assent of the Planning (Inclusionary Zoning Strategy) Amendment Act 2023.

275ZK Objectives for residential construction projects

(1)For all residential construction projects completed on or after 1 July 2024, at least 25% of the dwellings (rounded up to the nearest whole number) constructed for the project are to be reserved for transfer to the State for the purpose of providing public housing.
(2)Each reserved dwelling is, as far as practicable, to be finished to the same standard, and have the same features, as the other dwellings constructed for the residential construction project.
(3)Each reserved dwelling is, as far as practicable—
(a)if the reserved dwelling is a class 1(a) building under the Building Code—
(i)to have a total floor area equal to, or greater than, the average total floor area of all class 1(a) buildings constructed for the residential construction project; and
(ii)to be constructed on a lot that has an area equal to, or greater than, the average area of all lots on which other class 1(a) buildings are constructed for the residential construction project; or
(b)if the dwelling is part of a class 2 building under the Building Code—to have a total floor area equal to, or greater than, the average total floor area of all dwellings constructed in class 2 buildings for the residential construction project.
(4)Each reserved dwelling not already owned by the State is to be transferred to the State, for no consideration, as soon as practicable after the dwelling is able to be lawfully transferred.
(5)Each reserved dwelling is to be used only for the purpose of providing public housing.
(6)In this section—
reserved dwelling means a dwelling reserved for transfer to the State, under subsection (1), for the purpose of providing public housing.
residential construction project means development, carried out by an entity other than the State, related to the construction of 10 or more dwellings.
total floor area, of a dwelling, means the combined internal and external floor areas of the dwelling.

275ZL Objectives for residential subdivision projects

(1)For all residential subdivision projects completed on or after 1 July 2024, at least 25% of the lots (rounded up to the nearest whole number) created for the project are to be reserved for transfer to the State for the purpose of providing public housing.
(2)Each reserved lot is, as far as practicable, to have an area equal to, or greater than, the average area of all lots created for the residential subdivision project.
(3)Each reserved lot not already owned by the State is to be transferred to the State, for no consideration, as soon as practicable after the lot is able to be lawfully transferred.
(4)Each reserved lot is to be used only for the purpose of providing public housing.
(5)In this section—
reserved lot means a lot reserved for transfer to the State, under subsection (1), for the purpose of providing public housing.
residential subdivision project means development, carried out by an entity other than the State, related to the subdivision of 1 lot into 10 or more lots on which dwellings can lawfully be constructed.