The regulatory landscape for farm stay tourism can be a complex environment, which is why it’s important to seek advice from your local Council or administering bodies, and professional advisors such lawyers early in the process.
You will need to consider:
- If your tenure allows for farm stay operations
- Whether you have native title requirements and what permission you need to use the land for non-pastoral use
- What accommodation licences/approvals you should apply for from your local Council or the State
- Planning scheme requirements for your local area
- If you need to obtain a building and plumbing permit for dwellings
- What duty of care there might be with regards to Aboriginal Cultural Heritage
- How to comply with any approvals and/or licences for additional activities such as wildlife encounters
- What codes of practice and national standards are relevant to the setup of your business
Seeking advice
Before setting up your business it’s important to get the right advice from professionals and government bodies responsible for legislative arrangements. These include local Councils and State Government bodies. You may also seek advice or support from a lawyer depending on your circumstances.
The regulatory landscape
The regulatory environment for farm stays is dynamic and subject to change over time. Regulations depend on where you are located, and the scale and nature of your business. Always refer to the governing body of the regulations for up to date information.
There is no one-size-fits-all approach to this aspect of starting your business, so use this section of the guide as a tool to familiarise yourself with the process and your responsibilities. By being informed you can:
- Better plan what type of business you want to establish
- Have further informed discussions with regulatory bodies
ACTION: Follow the steps below to consider the regulatory environment for your property.
Step 1 – Understand key planning and land use requirements
Planning and Development Requirements
Lands uses are generally regulated by Local Government Authorities under their relevant planning instruments. Local planning instruments form part of a larger planning and development regime that covers matter relating to land use, subdividing land, building and plumbing, vegetation clearing and operational works.
The primary legislation relating to planning and development in Queensland is the Planning Act 2016.
The purpose of this Act is to establish an efficient, effective, transparent, integrated, coordinated, and accountable system of land use planning (planning), development assessment and related matters that facilitates the achievement of ecological sustainability.
Planning framework
The current planning framework in Queensland defines the following categories of development:
- Prohibited development
- Assessable development
- Accepted development
Further, there are two categories of assessment for assessable development, namely Code and Impact assessment.
Planning approvals, zoning and land use
Every Council has different planning, zoning and land use laws which are defined in their Planning Schemes. Planning Schemes are guided by the Planning Act 2016 which mandates land use definitions across Queensland. Planning Schemes are regularly updated so it’s best to contact your Council first.
To find out if a planning application is required you will need to know what land use definition your proposed development falls under. Council uses Levels of Assessment in each Planning Scheme to determine whether a planning assessment and/or approval is required, depending upon the zoning of the land. Speak to your Council about this as laws can change over time.
Examples of land use definitions that may be applicable to low key tourism businesses (e.g. farm stays) on rural properties relating to each of the four Council areas are listed below.:
| Accommodation licence/approval | Yes |
| Buildings, Accommodation and Amenities Building Approval (Building Act 1975 (Qld)) | Yes |
| Erect signage visible from road licence | Yes |
| Planning approval – Material Change of Use Land use – levels of assessment (rural zone) | Refer to land use definitions |
| Home based business (bed and breakfast) | No planning approvals if:
|
| Nature based tourism (cabins, parking for RVs and associated with nature based tourism experience) | Code assessable planning application for material change of use |
| Short term accommodation (Farm stays, backpackers, Cabins, Motels) | No planning approved if:
|
| Tourist Park (camping ground, caravan park and holiday cabins) | Impact assessable planning application for material change of use |
| Rural zone code – relevant provisions | |
| General development code – relevant provisions |
| Accommodation licence/approval | Yes |
| Buildings, Accommodation and Amenities Building Approval (Building Act 1975 (Qld)) | Yes |
| Erect signage visible from road licence | Assessable against Schedule 3 of the Local Law |
| Planning approval – Material Change of Use Land use – levels of assessment (rural zone) | Refer to land use definitions Note: currently under review |
| Home based business (bed and breakfast) | Definition: The “Home-based industry” definition applies – any premises used by persons, resident upon a lot, for the conduct of a business, commercial or professional enterprise within a dwelling house or the curtilage of a dwelling house. A home-based industry may also include bed and breakfast facilities and home-based childcare services referred to home-based industry code. No planning approvals if:
Otherwise, code assessable planning application for material change of use. Note: Home-based business proposed to be Accepted development under Draft 2024 Planning Scheme. |
Nature based tourism (cabins, parking for RVs and associated with nature based tourism experience) The use of land or premises for a tourism activity, including tourist and visitor short-term accommodation, that is intended for the conservation, interpretation and appreciation of areas of environmental, cultural or heritage value, local ecosystem and attributes of the natural environment. Nature-based tourism activities typically:
| Definition: Low Key Caravan Park, Camping Areas and Homestays
Code assessable planning application for material change of use. Note: “Nature-based tourism” and “tourist Park” proposed to be Code Assessable development in Rural Zone under Draft 2024 Planning Scheme. Note that Short-term accommodation is not defined use and therefore would be Impact Assessable. Buildings associated with the use must comply with relevant Building Code. |
Short term accommodation (Farm stays, backpackers, Cabins, Motels) Premises used to provide short-term accommodation for tourists or travellers for a temporary period of time (typically not exceeding three consecutive months) and may be self-contained. The use may include a manager’s residence and office and the provision of recreation facilities for the exclusive use of visitors. | Definition: Guesthouse and Backpacker’s accommodation The “Accommodation building” definition applies – refers to the use of premises for residential purposes where there is a common use of some areas, such as cooking, eating or dining facilities such as a boarding house, guesthouse, hostile and home for the aged. Impact assessable planning application for material change of use (assessable against the Planning Scheme). |
Tourist Park (camping ground, caravan park and holiday cabins) Premises used to provide accommodation in caravans, self-contained cabins, tents and similar structures for the public for short term holiday purposes. The use may include, where ancillary, a manager’s residence and office, kiosk, amenity buildings, food and drink outlet, or the provision of recreation facilities for the use of occupants of the tourist park and their visitors, and accommodation for staff. | See Low Key Caravan Park, Camping Areas and Homestays. Buildings associated with the use must comply with relevant Building Code. |
| Rural zone code – relevant provisions | Note: Under the Draft 2024 Planning Scheme – Code assessable development in rural zone, has prescribed assessment benchmarks under rural zone, and general development assessment benchmarks. |
| General development code – relevant provisions | Note: under Draft 2024 Planning Scheme – Code assessable development in rural zone, has prescribed assessment benchmarks under rural zone, and general development assessment benchmarks. |
| Accommodation licence/approval | Yes |
| Buildings, Accommodation and Amenities Building Approval (Building Act 1975 (Qld)) | Yes |
| Erect signage visible from road licence | Yes |
| Planning approval – Material Change of Use Land use – levels of assessment (rural zone) | Refer to land use definitions |
| Home based business (bed and breakfast) | No planning approvals if:
Otherwise, code assessable planning application for material change of use. |
Nature based tourism (cabins, parking for RVs and associated with nature based tourism experience) | No planning approval if:
Otherwise, code assessable planning application for material change of use. Buildings associated with the use must comply with relevant Building Code. |
Short term accommodation (Farm stays, backpackers, Cabins, Motels) | No planning approved if:
Otherwise, code assessable planning application for material change of use. Buildings associated with the use must comply with relevant Building Code. |
Tourist Park (camping ground, caravan park and holiday cabins) | No planning approval if:
Otherwise, code assessable planning application for material change of use. Buildings associated with the use must comply with relevant Building Code. |
| Rural zone code – relevant provisions |
|
| General development code – relevant provisions |
|
| Accommodation licence/approval | Yes |
| Buildings, Accommodation and Amenities Building Approval (Building Act 1975 (Qld)) | Yes |
| Erect signage visible from road licence | Yes |
| Planning approval – Material Change of Use Land use – levels of assessment (rural zone) | Refer to land use definitions |
Home based business (bed and breakfast) | No planning approvals if:
Otherwise, code assessable planning application for material change of use |
Nature based tourism (cabins, parking for RVs and associated with nature based tourism experience) | No planning approval if:
Otherwise, code assessable planning application for material change of use. Buildings associated with the use must comply with relevant Building Code. |
Short term accommodation (Farm stays, backpackers, Cabins, Motels) | No planning approved if:
Otherwise, code assessable planning application for material change of use |
Tourist Park (camping ground, caravan park and holiday cabins) | No planning approval if:
Otherwise, code assessable planning application for material change of use. Buildings associated with the use must comply with relevant Building Code. |
| Rural zone code – relevant provisions |
|
| General development code – relevant provisions |
|
Disclaimer:
This is summary guide only. While every effort has been made to ensure information in this report is current and factual, GSD makes no representation to any person or organisation with regard to the completeness or accuracy of the data or information contained in this document and, to the extent permitted by law, disclaim all liability for any loss or damage (including indirect, special or consequential loss or damage) incurred by any person or organisation arising from use of, or reliance upon, the data or information contained in this document.
Land Tenure
Land tenure determines the inherent or proprietary rights associated with the land. The type of tenure relevant to your farm will determine to what extent use of the land is limited by certain controls and legislation. A summary of key differences between leasehold and freehold tenure is provided in the following table.
Regulatory Consideration: Planning and Development
| ISSUE | LEASEHOLD | FREEHOLD | COMMENT |
| Land uses – generally | Limited by purpose of lease and land legislation. Limited by environmental and town planning controls. Leaseholders need to consider the terms of their lease to determine whether the use is permitted. In some instances, it may be possible to have additional lease purposes included. Owner’s consent from the State is generally required for any development application. | Limited by environmental and town planning controls. | Consent of the State, as the owner may be required for any assessable development application. |
| Buildings | Unlike the Planning Act 2016 (Qld), owner’s consent not required under the Building Act 1975 (Qld), however the terms of the lease may have requirements for seeking owner’s consent for improvements and/or specify how improvement are to be dealt with at the end of the lease term. | Owner’s consent is not required. Subject to accepted development or assessable development provisions under the Building and Planning Acts depending on the nature of the building proposed to be constructed. | Difference between leasehold and freehold is the ability to construct improvements as of right compared with getting consent. |
| Tree clearing controls | Development Assessment for Vegetation clearing can be complex. Depending on the purpose of the clearing, it may fall within any of the development assessment categories identified in 4.2. Exempt clearing works may apply to State leasehold where the clearing is consistent with the purpose of the lease. It may also be permitted where is authorised by a Development Approval. | Development Assessment for Vegetation clearing can be complex. Depending on the purpose of the clearing, it may fall within any of the development assessment categories identified in 4.2. Exempt clearing works may apply to State leasehold where the clearing is consistent with the purpose of the lease. It may also be permitted where is authorised by a Development Approval. | Generally, freehold land provides for greater ‘as of right’ use for timber resources, however, is still subject to development assessment consideration. |
Regulatory Consideration: Liability
| ISSUE | LEASEHOLD | FREEHOLD | COMMENT |
| Duty of care | High level of duty of care defined in land legislation. May be responsible for developing and maintaining improvements .Landowners owe a duty of care to its visitors, but in some instances, this may give rise to a greater range of duties owed to other persons, for e.g. employees, other visitors, neighbours. These duties may include, statutory duties, for example in relation to fire, safety and environmental requirements . Some duties also may be ‘non-delegable’ i.e. employer and employee, risks associated with the escape of fire, and child protection duties. Accordingly, operators should ensure that their insurance policies contemplate these considerations and disclosure of the operation of farm stay business is made to the insurer. Landowners should consider the terms of their lease, including any requirements relating to indemnities and insurance. The State will often require a leaseholder to indemnify the State for any liability arising out of the use of the Land. Failure to observe insurance requirements may also be a breach of the lease terms. Landowners should seek legal advice in relation to their obligations. | Duty of care following common law and as required by some Environmental Protection Acts. | Leases are subject to a higher level of control. |
Regulatory Consideration: Land Tenure
| ISSUE | LEASEHOLD | FREEHOLD | COMMENT |
| Termination of Lease/ resumption | Powers to acquire leasehold interest or withhold land when lease expires. | Some powers to acquire land for public works. | Landowners with State leases should ensure that their business planning, including capital investment and return on investment forecasts contemplates the remaining term leasehold land. Generally, leases may be renewed once 80% of the term has elapsed. State land policies provide for exemptions to this requirement where a leaseholder is considering investment of capital but the remaining term of the lease renders it not viable see State Land policy SLM/2013/423. |
| Ownership of resources | Ownership of native trees, native fauna and minerals remains with the State. | Ownership of native fauna and minerals remains with the State. | Ownership of vegetation is the major difference. |
| Security of tenure | Varies according to lease type but forfeiture for non- performance may be possible. | Very high level of security. | In general, leases are less secure than freehold.> |
Freehold title provides greater range of rights than leasehold land. It is not controlled by the Land Act 1994 and there are no requirements to seek owner’s consent from the State with respect to use of the lease for farm stay tourism. However, irrespective of land tenure, landowners must comply with other legislative requirements, such as local planning controls and vegetation clearance controls.
In most other cases in Queensland, pastoralists who do not possess a freehold title to land are likely to hold tenure in the form of pastoral leasehold. Pastoral leases in Queensland are considered under the Land Act 1994. They provide more restricted property rights than freehold land as there are various lease conditions and management requirements imposed on them. Activities that are not within the terms of a lease, such as farm stay tourism, may be subject to government approval.
Approval of non-pastoral land uses on pastoral leases
Non-pastoral land uses for diversification purposes can generally be approved by the Queensland Department of Natural Resources and Mines, Manufacturing, and Regional and Rural Development (the Department).
Diversification involves the complementary use of part of a pastoral lease where pastoralism remains the dominant activity. For an additional activity to be complementary to pastoralism:
- It must have a positive material effect on the primary original purpose. For example it could contribute to the economic viability or ecological sustainability of the agricultural purpose of the lease.
- Any generation of additional funds from a complementary activity must be used to support the primary original purpose.
- It must be of sufficiently small scale to ensure that it does not become the dominant or principal activity.
- It does not necessarily need to be related to agriculture.
- It should not interfere with the State’s rights regarding vegetation and quarry materials under the Forestry Act 1959.
- To limit the risk of a complementary activity becoming a business in its own right, the original lease may be subject to new imposed conditions of lease.
Farm stay tourism is typically classified as an ‘additional use for low key tourism’. You will need to consult with the Department to understand if your own farm stay meets the criteria of ‘low key tourism’. Examples of commonly proposed low key tourism activities are provided in the table below.
| CRITERIA | CONSIDERATIONS |
| Use of existing infrastructure with minimal capital investment (e.g. renovations to existing homestead, old shearers’ shed and workers cottages, camping tents, fencing, walking tracks, etc.) |
|
| Some additional structures/infrastructures – up to four accommodation units (catering for up to 16 guests), and an amenities building. These would be in addition to use of the existing homestead, shearers’ shed or workers cottages. |
|
| If works involving significant ground disturbance or cultural heritage sites are involved. |
|
ACTION: Apply for a change to lease (if applicable)
If you are a pastoral leaseholder, you may need approval from the Department to allow an additional use for low key tourism and apply to change the purpose/conditions of a lease.
Applications forms and instructions for lodgement can be found at https://www.qld.gov.au/environment/land/state/leases/changing
Step 2 – Review native title requirements
Native title is the recognition by Australia’s High Court of ‘the common law rights and interests of Aboriginal and Torres Strait Islander people in land, according to their traditional laws and customs’.
The Native Title Act 1993 (Cth) and the subsequent Wik High Court Decision and the Native Title Amendment Act 1998 (Cth) collectively have important ramifications for pastoral leases and non-pastoral land use.
NATIVE TITLE ACT 1993 (Cth) |
The main purpose of the Act was to recognise and protect native title. |
THE WIK DECISION, 1996 |
In December 1996, the High Court decided that native title rights could co-exist with pastoral leases, but the rights of pastoral leaseholders would take precedence over the native title rights. |
NATIVE TITLE AMENDMENT ACT 1998 |
This Act includes proposals put forth by indigenous interests, such as the introductions of Indigenous Land Use Agreements (ILUA). It also recognises and protects potential co-existing native title rights on pastoral leases, so native title claims can continue to be made over pastoral leasehold land. |
Native Title will need to be considered where an activity (a future act) impacts on native title rights and interests. Part 2, Division 3 Native Title Act 1993 (Cth) provides for future act processes for addressing Native Title. Subdivision G is specifically relevant to future acts relating to primary production.
Under Rule 36 of the Queensland Development Assessment Rules, an assessment manager can only decide an application once any action taken under Part 2, Division 3 of the Native Title Act 1993 (Cth) is completed (the future act process).
The Queensland State Government has developed a guide called the Native Title Work Procedures which can assist in assessing whether the proposed activity is likely to impact on Native Title and the necessary steps to be taken. The Native Title Work Procedures can be found here:
https://www.qld.gov.au/firstnations/environment-land-use-native-title/native-title-work-procedures
Under current legislation, native title is not a consideration for lessees of grazing homestead perpetual leases and grazing homestead freehold leases or on leases where native title has been extinguished (e.g. freehold title).
If your property fits into these categories, you can skip forward to Step 3 of this section of the guide.
If you hold a non-exclusive pastoral lease, perpetual lease or term lease you may be impacted by native title requirements.
Following the High Court Decision of Wik v The State of Queensland & Ors[1]The Native Title Amendment Act 1998 made several changes to the Native Title Act 1993 to clarify that existing rights of pastoral lessees may co-exist with the rights of native title holders.
Prior to this, the existing rights of lessees were only for pastoral activities consistent with the original lease. The amended Act increased the scope of these existing rights by enabling State and Territory governments to allow lessees to undertake other activities under the umbrella definition of ‘primary production’. This allows for diversification of activities, including low key tourism.
The Department of Natural Resources Mines, Manufacturing and Regional and Rural Development have guidelines and policies which provide guidance on the requirements for diversification under certain leases:
www.nrmmrrd.qld.gov.au/?a=109113:policy_registry/diversification-leases-agric-purposes-guideline.pdf
https://www.resources.qld.gov.au/?a=109113:policy_registry/additional-purposes-lease.pdf&ver=4.00
The Native Title Act 1993 (Cwlth) provides traditional owners a right to be notified and comment on other activities not within the definition of ‘primary production’ (note, for certain ‘Future Acts’ the Act only requires traditional owners to be notified and be given the opportunity to comment, but does not provide a right to negotiate. Despite not being a legislative requirement, relevant State departments may have policies or apply conditions on approvals that still require a greater level of engagement with traditional owners that what is required under the Act). Therefore, for non-pastoral uses that fall outside this definition, where applicable, native title must be addressed, either by way of future act notice or entering into an Indigenous Land Use Agreement (ILUA). Generally, an ILUA would be entered into where there are other matters affecting native title, such as an application to upgrade tenure in relation to State land.
Where native title claims are pending and lessees wish to change the pattern of land use beyond what is permissible under ‘primary production’, lessees can negotiate directly with traditional owners to ratify ILUAs. These agreements are legal documents that can provide for a range of matters relating to Native Title provide lessees with consent to undertake certain activities on the land, protocols on how notices are to be given and access arrangements.
ACTION: Contact the Department about native title regulations (if applicable)
Contact the Department of Natural Resources and Mines, Manufacturing, and Regional and Rural Development in relation to the impact of low key tourism on native title, as each situation is dealt with on a case by case basis. For more information visit:
https://www.nrmmrrd.qld.gov.au/land-property
https://www.qld.gov.au/environment/land/state/use/native-title
Step 3 – Obtain accommodation licences/approvals
Depending on the type of accommodation you’re providing, you may need an accommodation licence. Licences and approvals are administered by local Councils and are regulated by local Council laws.
Contact your local Council early in the planning stage to determine what approvals are required. In some instances, exemptions may apply, such as providing limited accommodation in your own home.
Accommodation licences are generally required for short-term stays in permanent structures such as guest houses, bed & breakfasts and cabins. Local Council laws regulate this type of accommodation to ensure that it complies with adequate health, safety and amenity standards.
Accommodation licensing varies Council by Council but, in general, each may issue permits with conditions that require you to:
- Limit the number of persons in the premises for whom you may provide accommodation
- Carry out specified modifications, or other specified building work related to the premises
- Regularly maintain the premises
- Provide and maintain specified facilities, furniture and equipment
- Regularly clean the premises
- Regularly provide clean linen and towels if relevant
- Provide services of specified kinds (e.g. safe custody of valuables)
- Keep specified records
- Ensure the premises are free of pests
Your application for an accommodation licence will likely require:
- The name, location and real property description of the premises
- A site plan and floor plan drawn to scale
- Details of shared facilities such as number of toilets, bathrooms and showers, as well as laundry, dining and cooking facilities
- Evidence that sufficient vehicle parking is available
- A report from a qualified professional that you comply with the fire safety legislation which may include the Building Act 1975 (Qld), Fire Services Act 1990 (Qld) and Fire and Emergency Services Act 1990
If the applicant is not the owner of the land, written consent of the owner to the application is required
- Cabins
- Caravans
- Tents
- Movable dwellings
- Other structures
- Ensure that caravan and commercial camping grounds are properly maintained
- Ensure that the operator of a commercial camping ground provides
- basic facilities for users of the camping ground
- Ensure that camping grounds comply with appropriate standards of cleanliness and hygiene
- Regulate conduct on camping grounds
- Safeguard health and safety in caravan parks
- Provide the comfort and convenience of short-term and long-term caravan park residents
- You will operate the caravan park/camping ground in a way that will not cause nuisance, inconvenience or annoyance to the occupiers of adjoining land or environmental harm.
- All facilities in the caravan park/camping ground will remain at an acceptable standard or will be brought to acceptable standard for use by residents.
- The proposed manager of the caravan park/camping ground is suitable.
- The operation and management of the caravan park/camping ground will comply with the criteria laid down under local law policies.
- Evidence of any necessary statutory permit, authorisation or approval for the development and use of relevant land as intended
- Site plan drawn to scale and showing location of sanitary conveniences and ablution facilities, as well as division of campgrounds/caravan park into individual sites
- Details of water quality, reticulation and drainage
ACTION: Contact your Council about accommodation licences and approvals
When applying for an accommodation licence you will likely need the following documents to support the application:
- The name, location and real property description of the accommodation
- A site plan and floor plan drawn to scale
- Details of shared facilities, sanitary conveniences, ablution facilities, etc
- Written consent of the owner to the application (if applicable)
Step 4 – Comply with planning scheme requirements
Every Council has its own planning scheme and ‘Levels of Assessment’ to determine new development approval processes. You may need to engage a town planning consultant to help you through this process depending on the size and nature of your development.
Accepted Development
Your property may be accepted development subject to the compliance with relevant codes in the planning scheme without need to lodge a planning application with Council.
If a planning assessment determine that the use is assessable development, then a planning application will likely be required.
If a planning assessment is accepted development and a planning application is not required, you can develop your site in accordance with the requirements of the planning scheme. However, if the development requires new building and/or plumbing work then a Building Application and a Plumbing Application will be required, and permits must be issued before work can start (refer to Step 5).
Code and Impact assessable applications
In some instances, the Levels of Assessment may require a code assessable planning application or an impact assessable planning application to be lodged and approved by Council.
A code assessable planning application must comply with the specified codes in the relevant planning assessment tables. Provided the requirements under the codes can be met, code assessable application are generally straightforward. An impact assessable planning application is assessable against the entire planning scheme and requires public notification. Impact assessable application can be more difficult to have approved, particularly where requirements of codes cannot be achieved. Council (or the State) can refuse the application if the application cannot comply with the relevant codes with the imposition of reasonable and relevant planning conditions.
State relevant applications
In some instances, your development may trigger the referral or lodgement of your development application to the State Assessment and Referral Agency (SARA), as it impacts on a ‘State interest’.
SARA is responsible for ensuring a coordinated, whole-of-government approach to the State’s assessment of development applications and may act as either the assessment manager or referral agency depending on location or use of the application.
Where SARA is nominated as the referral agency, Council typically still plays the role of the assessment manager. In these instances, SARA assesses and decides on only the part of the development application which is relevant to ‘State interest’, for example development that:
- Is on a transport corridor
- Meets or exceeds certain thresholds
- Is on, adjoining or next to heritage listed places
In instances where SARA is the assessment manager, the application is lodged with SARA which is then responsible for assessing and deciding on the whole development application.
Referral Agency Triggers
For farm stays in the Gulf Savannah region, likely triggers for referral or lodgement to SARA are state controlled roads, regulated vegetation and wetlands. You can set up a pre-lodgement meeting with SARA to determine what might or might not trigger a referral.
You can also refer to schedules 8, 9 and 10 of the Planning Regulation 201716, or visit SARA’s online mapping system at https://planning.dsdmip.qld.gov.au/maps.
ACTION: Speak to Council for further planning advice
As a first step contact your local Council and request a pre-lodgement meeting to ensure that any application includes all relevant material. This can prevent delays and costs in the development approval process but can be useful in identifying any issues with a proposed development application. This can guide the extent to which professional services need to be engaged, such as engineers, town planning consultants. Some Councils may charge a fee for a pre-lodgement meeting, which is specified in their register of fees and charges available on their website.
You can lodge your development proposal with Council, and you will be notified if Council deems it necessary to have your application referred to SARA.
All planning applications incur a Council processing fee and, if referred to the SARA, will have an additional processing fee. SARA fees are not insignificant depending on what interests are triggered and the type of development involved.
Contact SARA before lodging a development application if you need advice on State relevant applications. The two regional SARA offices for the Gulf Savannah region are:
North Queensland
Mailing address: PO Box 5666, Townsville QLD 4810
Email: NQSARA@dsdilgp.qld.gov.au
Phone: 07 4758 3423
Far North Queensland
Mailing address: PO Box 2358, Cairns QLD 4870
Email: CairnsSARA@dsdilgp.qld.gov.au
Phone: 07 4758 3423
Further information relating to SARA can be found via the following link: https://www.planning.qld.gov.au
Step 5 – Obtain additional permits and approvals
Once you are issued with a planning permit (Step 4 – if applicable), you may need to obtain other permits depending on the extent of works you intend to carry out or the impact on Aboriginal Cultural Heritage. If the development of your farm stay requires construction works or land disturbance, several further application or approval processes may be required including:
- Building permits
- Plumbing permits
- Exercising duty of care for Aboriginal cultural heritage
Building and plumbing permits
Building and plumbing permits certify that a proposed building complies with the relevant building, plumbing and drainage regulations. They ensure that:
- The building practitioners working on your project are registered and carry the required insurance
- Adequate documentation is prepared so the construction can be carried out correctly and according to building legislation
- Work is independently inspected to ensure that it complies with the relevant building or plumbing laws, as well as the terms of the permit
- Your building is suitable for occupation
ACTION: Speak to your builder and Council about building or plumbing permits
Your architect or licenced builder can apply for permits on your behalf if you authorise them to make the application. Make sure to personally check the relevant documentation and building permit before any work begins.
Speak to Council regarding timelines and other requirements and seek advice from your builder regarding the nature of your development. Possible requirements may include:
- Building work details
- Structural Plans, including site plan
- Soil classification report, if applicable
- Queensland Building and Construction Commission (QBCC) Confirmation of Insurance Certificate for builder
- Plumbing and Drainage Plans
Relevant building forms and plumbing and draining permit application documents can be accessed at https://www.business.qld.gov.au/industries/building-property-development/building-construction
Aboriginal cultural heritage
All places of Aboriginal and Torres Strait Islander cultural heritage are protected under the Aboriginal Cultural Heritage Act 2003 and the Torres Strait Islander Cultural Heritage Act 2003.
The Acts bind all persons, including the State, and are intended to provide effective recognition, protection and conservation of Aboriginal and Torres Strait Islander cultural heritage.
It is not necessary for an area to contain markings or other physical evidence indicating Aboriginal occupation for the area to be protected as a significant Aboriginal area under the Acts.
Your responsibilities under the Acts
The Acts require you to have a cultural duty of care – that is if you plan to carry out an activity on your land, you must take all reasonable and practical measures to ensure the activity does not harm Aboriginal heritage.
The duty of care applies to any activity where Aboriginal cultural heritage is located (inclusive of freehold land), regardless of whether it has been identified or recorded in a database, or a local planning scheme.
You must consult with the relevant Traditional Owners if there is a high risk that your activity may impact Aboriginal cultural heritage.
Aboriginal cultural heritage considerations
Under the Act, certain requirements to protect Aboriginal cultural heritage must be met and permission from Traditional Owners should be obtained.
Activities that cause significant ground surface disturbance (e.g. land clearing) may pose a risk to Aboriginal cultural heritage and you will need to speak to the relevant Traditional Owners to understand:
- Whether the feature constitutes Aboriginal cultural heritage
- Agreement as to how the activity may be managed to avoid or minimise harm to any Aboriginal cultural heritage
If it is necessary to remove or relocate a cultural heritage find, you should consult with the relevant Traditional Owners as to how best to manage the activity.
You will need to consider Aboriginal cultural heritage when displaying photographs of Aboriginal people or places, storytelling or viewing sacred sites or artifacts (rock art) as part of your farm stay experience. This applies regardless of whether native title has been extinguished or not.
ACTION: Review duty of care guidelines for cultural heritage
Before undertaking any land-use activity, consult the native title Duty of Care Guidelines.
Consult with Traditional Owners in the planning stages before any activity commences. You can request assistance from the Department of Women, Aboriginal and Torres Strait Islander Partnerships and Multiculturalism to identify the Traditional Owners for a particular area. You can also search the Aboriginal and Torres Strait Islander Cultural Heritage Database and Register at
https://culturalheritage.datsip.qld.gov.au/achris/public/home
Step 6 – Search other compliance requirements
The Australian Government has developed the Australian Business Licence and Information Service tool to help you find specific licences that may be required for your business.
You can access the tool at https://ablis.business.gov.au/.
The term ‘farm stay’ cannot be searched in the tool so you will need to select the type of accommodation you are offering (e.g. bed & breakfast, camping).
Codes of practices can be important for your business, and you’ll need to familiarise yourself with these. For example:
- Fair work practices
- Privacy
- Workplace Health and Safety
- Child safety
- Fire prevention
- Accessibility for people with disabilities
When starting a farm stay you will need to understand specific requirements for local licences and approvals that are managed and administered by your local Council. The types of licences and approvals you need will depend on your business and which Council you reside in, but they can generally be categorised as follows.
ACTION: Search the Australian Business Licence and Information Service Tool
Meals
If you plan to serve meals at your farm stay you may require a Food Business Licence administered by your local Council. Requirements will vary for each Council but are likely to include:
- Nominating a Food Safety Supervisor
- Meeting certain requirements for the design and fit-out of food premises
- Having appropriate skills and knowledge in food safety and hygiene
For information about food safety and standards visit:
Alcohol
In Queensland, if you plan to serve alcohol you will need to apply for a liquor or wine licence or permit. This regulates where and when you can sell or supply alcohol. Different licences are available to suit different businesses.
Generally, an application for a liquor licence requires confirmation that the use of the premises complies with planning requirements. Owners of Leasehold land should also consider the terms of their lease, which may require to the owner to obtain owner’s (the State’s) consent.
To find out more about applying for a liquor licence visit the Business Queensland website at https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-gaming/
You can also contact the Office of Liquor and Gaming Regulation (OLGR) which administers licences and permits at https://www.justice.qld.gov.au/about-us/services/liquor-gaming/contact-us
Wildlife
If you plan to conduct wildlife tours or facilitate interactions with wildlife, you will require an interaction licence. This is managed by the Department of the Environment, Tourism, Science and Innovation.
The licence requirements will depend on whether:
- The activity is marketed as part of your normal business
- The activity is advertised in any brochure or advertising material and occurs at a scheduled time, even if the activity occurs infrequently
- Clients pay to participate in the activity
- Your major business is not related to the activity, however, you derive benefit, including public notoriety, for your main business as a result of conducting the activity
Licences may not be required if wildlife encounters are opportunistic or random in nature.
For more information or to apply for an interaction licence visit https://environment.desi.qld.gov.au/licences-permits/plants-animals/commercial-use-animals/commercial-interaction#general_information
The local law context
Local laws to consider
When starting a farm stay you will need to understand specific requirements for local licences and approvals that are managed and administered by your local Council.
The types of licences and approvals you need will depend on your business and which Council you reside in, but they can generally be categorised as follows.
Accommodation approvals
Accommodation licences are generally required for short-term stays in permanent structures such as guest houses, bed & breakfasts and cabins, and accommodation in temporary structures such as tent and caravan sites.
Local Council laws regulate accommodation to ensure that it complies with adequate health, safety and amenity standards. See Section 6 of this guide for additional information.
Signage
If you are planning to erect a sign to promote your farm stay business and it is visible from the road then you may need to apply to your local Council for a licence to do so.
ACTION: Visit your local Council website to search licence and approval requirements and speak to Council about your options.
Below are links to Council websites and planning schemes where you can find the most up to date information.