Statute Details
- Title: Planning (Development of Land for Agricultural Use — Lodgment Authorisation) Notification 2019
- Act Code: PA1998-S637-2019
- Type: Subsidiary Legislation (SL)
- Authorising Act: Planning Act (Cap. 232), specifically powers under section 21(6)
- Commencement: 20 September 2019
- Status: Current version as at 27 March 2026
- Key Provisions: Section 2 (definitions); Section 3 (authorisation of development and change in use); Section 4 (conditions); Section 5 (expiry/extension); Section 6 (authorisation to cease); Section 7 (excluded area carve-out)
- Schedule: “Excluded area” (land shown on the map in the Schedule)
- Notable Amendments (from timeline): Amended by S 626/2022 (effective 1 Aug 2022 and 31 Dec 2021); Amended by S 86/2024 (effective 14 Feb 2024)
What Is This Legislation About?
The Planning (Development of Land for Agricultural Use — Lodgment Authorisation) Notification 2019 (“the Notification”) creates a targeted planning authorisation regime for certain agricultural developments on State or statutory body land. In plain terms, it allows specified building and land-use changes to proceed under a streamlined “lodgment authorisation” approach, rather than requiring a full planning permission process for each qualifying project.
The Notification is designed to support agricultural use while maintaining planning control through conditions. It authorises (i) specified operations involving development of land (such as erection of buildings and addition/alteration works) and (ii) certain changes in use of parts of buildings, provided the land is leased or agreed to be leased by the State or a statutory body for agricultural use. The authorisation is not unconditional: it is constrained by limits on ancillary uses (notably retail and visitor centre uses), compliance with planning guidelines, and procedural requirements for lodgment and declarations.
Importantly, the Notification also carves out an “excluded area” shown in the Schedule. Section 7 (as reflected in the extract) provides that the authorisation does not apply to land within that excluded area. This means that even if a project otherwise qualifies as agricultural development, it may still require the standard planning route if it falls within the excluded area.
What Are the Key Provisions?
1. Authorisation mechanism (Paragraph 3)
Paragraph 3 is the core operative provision. Subject to paragraphs 4, 5, 6 and 7 (and any other written law), it authorises under section 21(6) of the Planning Act certain operations and changes in use on land that is leased or agreed to be leased by the State or a statutory body for agricultural use.
The authorisation covers two categories:
- Operations involving development of land: (a) erection of a building; and (b) carrying out addition or alteration works to an existing building.
- Change in use: change in use of any part of a building (the “relevant premises”) to any use specified in any Use Class.
In practical terms, this means that qualifying agricultural operators can plan and execute certain building works and land-use changes by following the Notification’s conditions and lodgment requirements, without necessarily obtaining a separate planning permission for each step—subject to compliance.
2. Conditions and limits on what can be done (Paragraph 4)
Paragraph 4 imposes substantive and procedural constraints. The authorisation is conditional on the operations or change in use not involving or resulting in certain outcomes and on compliance with planning guidelines.
(a) Limits on floor area and permitted ancillary uses
Paragraph 4(1)(a) restricts the aggregate total floor area authorised or approved for:
- Retail use to not exceed 200 square metres; and
- Visitor centre use to not exceed 200 square metres.
It also prohibits residential development on the agricultural land: the erection of, or addition and alteration works to, any landed dwelling-house or non-landed residential building on the land.
Further, it restricts uses that are not directly related to agricultural use. The general rule is that uses must be directly related to agricultural use, except that retail use and visitor centre use are permitted within the specified floor area caps.
(b) Compliance with planning guidelines
Paragraph 4(1)(b) requires compliance with all relevant planning guidelines issued by the competent authority. The extract highlights that this includes, in particular, guidelines on allowable types of development, land use, building and buffer setbacks, technical height control, building height, and quantum control on uses.
(c) Additional conditions for development operations
Paragraph 4(2) adds further requirements for the “operations involving development of land”. Key conditions include:
- No encroachment into any other land.
- Direct vehicular access to a public road from the land under development.
- Earthfill level control: earthfill works must not cause any point in the land to be more than 1.5 metres above the lower of (i) the level at the time the land was leased or agreed to be leased, or (ii) the level at the abutting edge of abutting land.
- Existing structures must be authorised: no part of existing buildings or structures on the land may be unauthorised under the Act.
(d) Qualified person declaration and planning-compliance assurances
A significant compliance feature is the requirement for a declaration by a qualified person (Paragraph 4(2)(e)). The declaration must confirm, among other matters, that the plans lodged comply with relevant planning guidelines, that required approvals from other authorities (other than the Commissioner of Building Control mentioned in the relevant sub-paragraph) have been obtained prior to lodgment, and that the qualified person will ensure the operations are carried out in compliance with the lodged plans and requirements of relevant authorities.
(e) Coordinated lodgment with the competent authority
Paragraph 4(2)(f) requires that, before submitting any application to the Commissioner of Building Control for approval of building plans (or before commencing operations where no such approval is required), the applicant must lodge with the competent authority (together with the specified fee) a package including:
- Plans for the operations required by the competent authority;
- A duly completed and signed lodgment form;
- The qualified person’s declaration;
- Written consent of the lessor (and, where the lessor is not the owner, written consent of the owner); and
- Any other documents the competent authority requires in the particular case.
From a practitioner’s perspective, this coordinated lodgment is often where projects succeed or fail. It creates a clear procedural sequencing: the competent authority lodgment must occur before the building plan approval step (or before commencement where building plan approval is not required).
3. Excluded area carve-out (Paragraph 7 and the Schedule)
Section 7 (as indicated in the metadata extract) provides that the authorisation under paragraph 3 does not apply to land in the “excluded area” shown in the Schedule. This is a critical risk point: developers must check the map in the Schedule early, because the availability of the lodgment authorisation depends on location.
4. Duration and cessation (Paragraphs 5 and 6)
Although the extract provided does not include the full text of paragraphs 5 and 6, the enacting formula indicates that the Notification addresses:
- Expiry and extension of authorisation (Paragraph 5); and
- Authorisation to cease to apply (Paragraph 6).
Practically, these provisions matter for project timelines and for whether an authorisation remains effective if works are delayed, phased, or subject to changes in scope. Counsel should review the full text of paragraphs 5 and 6 in the current version to determine the exact expiry triggers and extension conditions.
How Is This Legislation Structured?
The Notification is structured in a conventional subsidiary legislation format:
- Section 1: Citation and commencement (20 September 2019).
- Section 2: Definitions, including key terms such as “agricultural use”, “excluded area”, “floor area”, “relevant date”, and several planning-related concepts (e.g., retail use, restaurant, visitor centre, Use Class).
- Section 3: The authorisation of qualifying operations involving development and changes in use on State/statutory body agricultural land.
- Section 4: Conditions of authorisation, including substantive limits (floor area caps, prohibition on residential buildings) and procedural requirements (qualified person declaration and coordinated lodgment).
- Section 5: Expiry and extension of authorisation.
- Section 6: Circumstances under which the authorisation ceases to apply.
- Section 7: Excluded area carve-out—authorisation does not apply in the scheduled excluded area.
- Schedule: Map defining the “excluded area”.
Who Does This Legislation Apply To?
The Notification applies to persons undertaking qualifying development and use changes on land that is leased or agreed to be leased by the State or a statutory body for agricultural use. The “agricultural use” definition is broad and includes, among others, agrotechnology parks, aquaculture farms (including aquarium fish farms), plant nurseries, hydroponics farms, and agriculture research or experimental stations.
In practice, the authorisation is relevant to agricultural land operators, developers, and their consultants (including qualified persons) who prepare plans and coordinate approvals. It also affects lessors and owners because the lodgment package requires written consent from the lessor, and where the lessor is not the owner, from the owner as well.
Why Is This Legislation Important?
This Notification is important because it provides a structured pathway for agricultural development that balances planning flexibility with regulatory safeguards. For practitioners, it offers a potentially faster route to proceed with certain building works and permissible ancillary use changes—provided the strict conditions are met.
The floor area caps for retail and visitor centre uses (each capped at 200 square metres) and the prohibition on residential development are particularly significant. They prevent agricultural land from being used as a vehicle for broader commercial or residential intensification beyond what the competent authority considers appropriate for agricultural contexts.
Equally important is the procedural architecture: the requirement for a qualified person’s declaration and the coordinated lodgment with the competent authority before building plan approval or commencement. This creates a compliance checklist that should be built into project governance, including document control, consent management, and sequencing of submissions to avoid invalid or non-compliant lodgments.
Finally, the excluded area carve-out means that location-based due diligence is essential. Counsel should ensure that the land parcel is checked against the Schedule map at the earliest stage, because the authorisation may not be available even where the project otherwise fits the agricultural use and conditions.
Related Legislation
- Planning Act (Cap. 232) — in particular section 21(6) (the authorising provision for this Notification).
- Building Control Act 1989 — referenced for building plan approval and related concepts such as certificates of statutory completion and temporary occupation permits.
- Planning (Use Classes) Rules — defines Use Classes and terms such as “restaurant”, “shop”, and “showroom”.
- Planning (Development) Rules 2008 — defines “floor area”.
- Planning Act / Planning guidelines issued by the competent authority — compliance is required under paragraph 4.
Source Documents
This article provides an overview of the Planning (Development of Land for Agricultural Use — Lodgment Authorisation) Notification 2019 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.