Additional development assessment triggers were recently introduced into the Sustainable Planning Regulation 2009 (Qld) (SPR) when the Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2010 (Qld) (Regulation) commenced on 30 April 2010.
A development approval is now required for operational works for high impact earthworks in Great Barrier Reef wetland protection areas, unless the operational work:
- is for a domestic housing activity, or
- is a natural and ordinary consequence of a material change of use or reconfiguration of a lot for which the chief executive (environment) was a concurrence agency.
The second exception is intended to avoid any unnecessary assessment of operational work involving high impact earthworks in Great Barrier Reef wetland protection areas that has already been assessed as part of a material change of use or reconfiguration of a lot development application.
The following activities will also trigger development assessment in a Great Barrier Reef wetland protection area under the new provisions:
- a material change of use that involves high impact earthworks, other than for a domestic housing activity, and
- reconfiguration of a lot that involves high impact earthworks and that will result in more than six lots or the creation of any lot of less than 5ha, other than for a domestic housing activity.
High impact earthworks is operational work that involves changing the form of land, or placing a structure on land, in a way that diverts water to or from a wetland. It excludes:
- operational work necessary to maintain infrastructure
- excavating or filling not more than 100m3 of material, and
- excavating or filling not more than 1000m3 of material, more than 200m from the wetland in a Great Barrier Reef wetland protection area.
Great Barrier Reef wetland protection areas are shown on maps of referable wetlands.1 Maps of referable wetlands are prepared in accordance with the methodology set out in the Queensland Wetland Definition and Delineation Guideline, which DERM has made available online.2 At this stage there is no formal process in place for amendment of the maps of referable wetlands.
The maps of referable wetlands also show wetland management areas, which are effectively subject to the same assessment controls as wetlands were before the Regulation commenced. Wetlands were previously subject to development assessment when the proposed development was within 100m of a wetland. The development controls are now triggered by development within a wetland protection area, which includes wetlands, as they were previously mapped, and a trigger area of 100m around each wetland.
This article was written by Lauren Kirkwood, Senior Associate and Michael Berkman, Solicitor, Brisbane.
Endnotes
- Maps of referable wetlands are available on the DERM website.
- Queensland Wetland Program Definition Guideline.
More information
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