As mentioned in our previous June 2025 updates, we have continued to advocate and seek clarification regarding the use of Short Term Accommodation (STA) and the respective roles of state and local government in regulating this land use.
This has included concerns raised by residents about perceived differences in how STA requirements may apply between Brisbane City Council and Noosa Council, as well as confusion within the community regarding existing lawful use.
Our office referred these matters to the Deputy Premier and Minister for State Development, Infrastructure and Planning, seeking clarification regarding protections for existing lawful use. The following response was provided, which in summary confirms that regulation of STA is determined by individual councils within their jurisdictions and that protections exist for uses that were lawful prior to planning scheme amendments:
The Planning Act 2016 establishes the planning framework for Queensland. Within this framework, STA is established as a type of land use and local governments regulate STA within their respective areas.
Also within this framework are protections for existing lawful uses. If immediately before a change in the planning scheme a use was lawful (e.g. STA), then the use will continue to be lawful, regardless of introduction of new criteria or assessment benchmarks.
As previously advised, local governments can decide how they regulate STA in their respective areas. Naturally, how STA is regulated will differ between local governments.
We have also been advised that as each local government determines their own local planning schemes, subtle differences between each local government’s previous planning scheme can also mean differences in how the existing rights provisions are considered by each Council. The exact same existing rights provisions apply as per state legislation, however they apply in relation to the previous local planning scheme, so therefore each council may act differently accordingly.
It is also important to note that it is up to each Council to determine their own actions under state legislation and frameworks, for which they can seek legal advice according to their specific planning schemes and situations. Noosa Council have advised that they are acting according to legal advice they have received in relation to existing rights provisions, which is relevant as it is also up to Noosa Council to defend their actions in any court proceedings undertaken in relation to this.
Ongoing advocacy
As outlined in or June 2025 update, Sandy has continued to investigate potential legislative avenues that may assist local governments in managing STA, including matters such as injurious affection provisions, and has requested consideration of a statewide STA registration scheme, including mandatory data sharing.
We have also previously facilitated a meeting in November 2025 between the Deputy Premier and Noosa Council to clarify the Cabinet Housing Ministerial Taskforce’s position that local governments are best placed to regulate short-term rental accommodation. These discussions provided an opportunity to confirm the respective roles and responsibilities of both levels of government.
Role of state and local government
As previously noted, the state government does not direct councils on how to exercise their powers under local planning schemes or local laws. Councils operate with autonomy within the legislative framework.
Where residents disagree with decisions or actions taken by Council, avenues exist to raise concerns, including through Council’s internal processes, the Queensland Ombudsman or through legal channels. More on this is available at https://www.sandybolton.com/oversight-of-local-government/
Further information
Sandy as a State Member of Parliament can only assist with matters under the Queensland Government’s remit. Likewise, Noosa Council has seven elected representatives to assist in matters relating to local government, their information is available at www.noosa.qld.gov.au/downloads/file/927/contact-list-councillors
For our previous Noosa 360 updates on STAs, please visit www.sandybolton.com/?s=Short+Term+Accommodation
For our previous Noosa 360 updates on Housing, please visit www.sandybolton.com/?s=Housing