State planning regulatory provisions are state planning instruments that regulate development and can apply to all or part of the state. They can be used in the following circumstances:
- to provide regulatory support for regional planning and master planning
- to provide for charges for infrastructure
- to protect planning scheme areas from adverse environmental, cultural, economic or social conditions.
State planning regulatory provisions may:
- specify categories of development, including prohibited development
- specify levels of assessment, such as code assessment or impact assessment
- include a code or other criteria to be used in development assessment
- otherwise regulate development, for example stating aspects of development that cannot occur until a master planning exercise has been carried out
- provide for matters in which the state planning regulatory provision can apply, for example to address a risk of serious environmental harm.
Statutory regional plans utilise state planning regulatory provisions however, not all statutory regional plans will require regulatory provisions. The need for regulatory provisions will be determined when developing a regional plan.
If a delay in implementing a state planning regulatory provision will increase the risk of serious adverse conditions or compromise the implementation of a regional plan or structure plan, the draft state planning regulatory provision may have immediate effect, for a period of 12 months. This means that draft state planning regulatory provisions may be in operation and effective while public consultation is carried out and submissions about the provisions are being considered.
The department's website is updated as required to provide the full list of state planning regulatory provisions.