HOW TO NAVIGATE THE REFERRALS MAZE UNDER THE SUSTAINABLE PLANNING ACT 2009 PART 2 REFERRALS FOR COASTAL AND FISHERIES ACTIVITIES

Transcription

1 HOW TO NAVIGATE THE REFERRALS MAZE UNDER THE SUSTAINABLE PLANNING ACT 2009 PART 2 REFERRALS FOR COASTAL AND FISHERIES ACTIVITIES

2 Overview When are referrals required IDAS form requirements Regulations and Policies Likely Conditions Tips and Traps

3 Overview 19 Coastal Triggers under Sustainable Planning Regulation Potential for additional DERM triggers due to coexistence of natural resources. Triggers references used have been amalgamated and shortened to more easily discuss issues and referral requirements. When determining appropriate triggers for Development Applications, reference should always be made to the relevant regulations at the time of the application.

4 Referral Triggers Given complexity and number of triggers, discussion will focus on: Tidal Works (including Tidal Works and Prescribed Tidal Works); Development carried out or partly within the Coastal Management District; Development in or adjoining a Fish Habitat Area; The removal, destruction or damage of marine plants; and Development on land in or near a conservation estate.

5 Development Examples TIDAL WORKS AND REMOVING, DESTROYING OR DAMAGING MARINE PLANTS Staged Development Permit for Material Change of Use for Special Needs Housing (Staged Integrated Retirement Village) Development Permit for Operational Works (Removing, Destroying or Damaging Marine Plants) Development Permit for Operational Works for Tidal Works (Filling Land Under Tidal Water)

6 Development Example Tidal Works

7 RE and Wetland Mapping

8 Coastal and Environmental Referrals DEEDI Operational Work that is the removal, destruction or damage of a marine plant. DERM Operational work that is Tidal Work or works in a Coastal Management District; Development on land in or near a conservation estate; Mapped Remnant Vegetation; Acid Sulfate Soils; and Development within 100m of a wetland. DTMR Navigation and maritime management.

9 Development Examples PRESCRIBED TIDAL WORKS AND REMOVING, DESTROYING OR DAMAGING MARINE PLANTS Development Permit for Operational Works for Tidal works (Prescribed Tidal Works) Development Permit for Operational Works (Removing, Destroying or Damaging Marine Plants)

10 Development Example Prescribed Tidal Works

11 Development Example Prescribed Tidal Works

12 Coastal and Environmental Referrals DEEDI Operational Work that is the removal, destruction or damage of a marine plant. DERM Operational work that is Tidal Work (Prescribed Tidal Works) or works in a Coastal Management District. DTMR Navigation and maritime management.

13 Referral Triggers TIDAL WORKS (INCLUDING PRESCRIBED TIDAL WORKS) Defined in the schedule of the Coastal Protection and Management Act 1995 and broken up into two categories. Tidal Works: Reclaim land under tidal water; Dispose of dredge spoil in tidal water; or Construct an artificial waterway. Prescribed Tidal Works (tidal works undertaken completely or partly within a local government tidal area): Boat ramp; Breakwater; Bridge; Jetty; or Pipeline within the tidal area.

14 Referral Triggers TIDAL WORKS (INCLUDING PRESCRIBED TIDAL WORKS) All tidal works are defined as Operational Work and require referral to: DERM as a Concurrence Agency (SPR 2009, schedule 7, table 2, items 13) DTMR as a Concurrence Agency (SPR 2009, schedule 7, table 2, item 15) The DTMR assessment is undertaken by Maritime Safety QLD primarily relates to marine safety. Critical issues for DTMR include; Continued operation of existing marine facilities; and Capacity of proposed berths.

15 Development Example - Tidal Works Tidal Works (Filling land under tidal water) Prescribed Tidal Works (Works within a local government tidal area)

16 Referral Triggers DEVELOPMENT CARRIED OUT OR PARTLY WITHIN THE COASTAL MANAGEMENT DISTRICT (CMD) Defined under the Coastal Protection and Management Act 1995 Includes: Coastal waters; Islands; and Inland areas in close proximity to the coast (usually erosion prone areas and important wetlands). Regulated by the Queensland Coastal Plan (QCP) (when this comes into effect)

17 Referral Triggers DEVELOPMENT CARRIED OUT OR PARTLY WITHIN THE COASTAL MANAGEMENT DISTRICT DERM is a Concurrence Agency for the triggered development where the land is situated completely or partly within a CMD. Reconfiguring a lot (SPR 2009, schedule 7, table 2, items 14) Material change of use, if carrying out the change of use will involve Operational work; or Building work, that is the construction of or enlargement of a premises with a GFA of at least 1000m 2 (SPR 2009, schedule 7, table 3, item 5)

18 Referral Triggers DEVELOPMENT IN OR ADJOINING A FISH HABITAT AREA (FHA) 70 declared FHAs along the Queensland coast, covering more than 1.1 million hectares. Currently no allotment based mapping system for FHAs however available online with the GIS data available for purchase. Building Work or Operational Works in a FHA requires referral to the DEEDI as a Concurrence Agency (SPR 2009, schedule 7, table 2, items 25-26) Development on land that adjoins a declared FHA requires referral to DEEDI as an Advice Agency (SPR 2009, schedule 7, table 2, item 27)

19 Referral Triggers REMOVAL, DESTRUCTION OR DAMAGE OF MARINE PLANTS Where the development seeks the removal, destruction or damage of marine plants, referral to DEEDI as a Concurrence Agency is required: Operational Work (SPR 2009, schedule 7, table 2, items 30) Reconfiguring a lot if there is no development permit for the Operational Work (SPR 2009, schedule 7, table 2, items 31) Material change of use if there is no development permit in effect for the Operational Work (SPR 2009, schedule 7, table 2, items 32 & SPR 2009, schedule 7, table 3, item 25) No mapping available. Likely where trigger where works proposed below HAT.

20 Development Example Marine Plants Marine Plants (Marine Couch above MHWS) Marine Plants (Sea grass below MHWS)

21 Referral Triggers DEVELOPMENT ON LAND IN OR NEAR A CONSERVATION ESTATE Include National Parks, Marine Parks to World Heritage areas and other international conventions such as Ramsar Wetlands. For the following development, where any part of the lot is situated in, or within 100m or a conservation estate, referral to DERM as an Advice Agency is required: Reconfiguring a lot resulting in more than 10 lots, or any lot created is less than 5ha (SPR 2009, schedule 7, table 2, items 44) Material change of use for urban purposes (SPR 2009, schedule 7, table 2, items 45)

22 Development Example Conservation Estate Conservation Estate (Ramsar Wetland) Conservation Estate (Great Barrier Reef Marine Park and National Park)

23 Form Requirements Mandatory requirements for coastal applications discussed are in: IDAS form 23 - Tidal Works and Coastal Management Districts; IDAS form 26 - Marine Plants and Declared Fish Habitat Areas; and IDAS form 28 - Prescribed Tidal Work. No forms are required for: Development in or adjoining a Fish Habitat Area; or Development on land in or near a conservation estate.

24 Form Requirements TIDAL WORKS AND COASTAL MANAGEMENT DISTRICTS - IDAS FORM 23 Mandatory requirements include: Details on the nature of the proposed work; A report that addresses: natural processes, topography and drainage; coastal ecological systems; cultural heritage; and public access. Plans certified by an RPEQ detailing the location and dimensions of the proposed works in relation to surrounding land, LAT, HAT, MHWS and the CMD; and Slope angles of the beds and banks of the tidal area and the finished levels of the proposed works.

25 Form Requirements PRESCRIBED TIDAL WORK - IDAS FORM 28 Requirements are as per Tidal Works with addition of: IDAS code response and response to Schedule 4A the Coastal Protection and Management Regulation 2003 (CPMR); Details of the largest vessel to be moored at the structure; and Evidence that the proposed work will not prejudice the access rights of adjoining property owners. The assessment against Schedule 4A of (CPMR) will require input from a RPEQ to certify the structural integrity of the works.

26 Form Requirements MARINE PLANTS AND DECLARED FISH HABITAT AREAS - IDAS FORM 26 Mandatory requirements include: Site plan of the proposed work showing the location of areas of impact including; Dimensions and GPS coordinates; Easily identifiable site features; Boundary of the declared fish habitat area; Location and extent of proposed works proposed works; Location and extent of HAT, MHWS, LAT; Location and description of all environmental features, marine plants and existing structures; Method of works and alternatives considered to reduce impacts on marine plants; and On-site mitigation actions and off-site actions to offset residual impacts from loss of marine plants.

27 Development Example Marine Plants

28 Regulations and Policies COASTAL POLICIES AND GUIDELINES - QUEENSLAND COASTAL PLAN Currently the State Coastal Management Plan and a variety of Regional Coastal Management Plans regulate development within the coastal zone. Queensland Coastal Plan (QCP) to come into effect in mid QCP is separated into two being the State Policy for Coastal Management and the State Planning Policy for Coastal Protection. SPP for Coastal Protection is primarily concerned with: sea-level rise; urban settlement patterns in the coastal zone; coastal-dependent development; public access to the coast; natural resource management on the coast; coastal landforms and physical coastal processes; and scenic amenity.

29 Regulations and Policies COASTAL POLICIES AND GUIDELINES NON COMPLIANT DEVELOPMENT AND OFFSETS QCP aims to ensue urban development is not located within areas of high ecological significance or areas of high natural hazards. Inconsistent development may be acceptable where it is shown that the overall social, economic and environmental benefits and cannot be located elsewhere. Overriding need is not established by interests in or options over a site s availability or ownership. Where inconsistent development is acceptable, an offset in accordance with Queensland Government Environmental Offsets Policy 2008 must be provided.

30 Regulations and Policies FISHERIES POLICIES AND GUIDELINES FISH HABITAT AREAS (FHA) Policies aimed at anticipating and responding to pressures and impacts on the state s fish habitats and dependant fish stocks, including increasing population and climate change. Specific policy interpretations cover the vast majority of application types including: Bridges; Jetties; Dredging Marinas and port facilities; and Filling of lands. Where development is within the FHA a resource allocation authority must be issued for the prescribed development purpose.

31 Regulations and Policies FISHERIES POLICIES AND GUIDELINES MARINE PLANTS Policies aim to protect marine plants to ensure to their ability to sustain fish for future commercial, traditional and recreational fishing. Policy clearly details what is likely and not likely to be supported removal of marine plants for views or as a result of filling for nonmarine dependant works are not supported. Priority will be given to uses that depend on their location in or on tidal land, e.g. boat ramps, jetties harbours, marinas.

32 Development Example Prescribed Tidal Works

33 Regulations and Policies FISHERIES POLICIES AND GUIDELINES OFFSETS Where development is supported and will result in the loss of fish habitat, an offset will be required to ensure there is no net loss. Offset policy is based on Queensland Government Environmental Offsets Policy Offsets are only applicable where impacts cannot be avoided and the removal of marine plants is justifiable and unavoidable. Offset measures seek to: Maintain fisheries values, including fish habitat values; and Match ecosystem costs associated with fish habitat losses with offsets appropriate to the loss.

34 Development Example Environmental Offset

35 Likely Conditions TIDAL WORKS AND COASTAL MANAGEMENT DISTRICTS Likely conditions include: Development required to be located above defined storm surge levels; Exclusion of development within and buffering to high risk or environmental areas; Restriction and treatment of stormwater drainage; and Provision of public access to coastal areas. Scenic amenity is detailed within QCP but is not within jurisdiction under the SPR. Local authority may however condition this. Where land within the CMD is to be reconfigured to create additional allotments, DERM may condition the surrender of the erosion prone area.

36 Likely Conditions MARINE PLANTS AND DECLARED FISH HABITAT AREAS In relation to declared FHA s, S76L of the Fisheries Act 1994 allows DEEDI condition in relation to the following: Disturbance to fisheries resources or a fish habitat; Type of works that may be undertaken; Buffer zones; The timing of the development; Mitigation measures; Acid sulphate soil; and Monitoring. Where offsets are approved conditions may include preparation offset report to provide details on Size and location of the offset site; Vegetation to be offset; and Planting techniques and maintenance regimes.

37 Tips and Traps Development within coastal areas can be very difficult if the development seeks: The removal of marine plants or vegetation from HES areas; Proposes to fill areas below HAT; or The proposed development is located within a high risk area. Early identification of issues is key to good outcomes. If offsets are applicable, early engagement with DERM and DEEDI is highly recommended. Development trigger commonly coincide and dual offsets may be achievable. Review owners consent requirements. Offsets may not be located onsite and may result in difficulties with the assessment process or condition compliance.

38 Summary Development triggers in coastal areas are very complex. A detailed assessment of the SPR and associated triggers should always be made for each application. Engagement of a qualified town planner, environmental scientist and RPEQ maybe required to determine impact and comply with mandatory requirements. State Government first position will always be to retain areas of environmental significance and marine plants. Early identification of issues and appropriate design are key to efficient assessment processes