New planning provisions have been introduced that are likely to have a significant impact on rural activities occurring from the Daintree catchment in Far North Queensland, to the Baffle Creek catchment just above Bundaberg. These new provisions are likely to require approval for rural activities such as the construction of dams, and other earthworks that are categorised as being high impact earthworks such as diversion banks or roadworks, that previously did not require any approval.

Great, a barrier, or a benefit to the reef?

On 30 April 2010, the Department of Environment and Resource Management (DERM) introduced some regulatory amendments providing greater protection of wetlands of high ecological significance in Great Barrier Reef catchments. The new wetlands regulatory regime consists of:

• a Regulatory Impact Statement
• a temporary State Planning Policy entitled Protecting wetlands of high ecological significance in Great Barrier Reef catchments (SPP for GBR Wetlands)
• amendments to the Sustainable Planning Regulation 2009 (Qld) (SP Regulation), and
• amendments to the Environmental Protection Regulation 2008 (Qld).

Will your development be affected by the new regime?

Landholders, urban developers or primary producers who want to carry out high impact earthworks that are located in a referable wetland area will have to submit an application through the Integrated Development Assessment System (IDAS) of the Sustainable Planning Act 2009 (Qld) (SPA).

Submissions

Despite the regime already being in force, submissions about the regulatory impact statement, SPP for GBR Wetlands and amended regulations are open until 30 June 2010.

The outcome of the submission process may impact whether the temporary SPP for GBR Wetlands (which is in force for 12 months) becomes permanent and operational for 10 years.

Is my property within a Great Barrier Reef wetland protection area?

The 35 Great Barrier Reef catchments range from the Daintree River catchment to the Baffle Creek catchment. By entering your lot and plan number in the online form at www.derm.qld.gov.au/wildlife-ecosystems/ecosystems/referable-wetlands-form.php you can find out if your property contains a referable wetland.

What type of development triggers assessment under the new regime?

Schedule 3, part 1, table 4 SP Regulation establishes the development assessment triggers for a Great Barrier Reef wetland protection area. They include:

• making a material change of use that:
• is for a use other than a domestic housing activity, and
• any part of the land subject to the proposed change is situated in the Great Barrier Reef wetland protection area, and
• involves operational work that is high impact earthworks in a Great Barrier Reef wetland protection area,
• reconfiguring a lot if:
• any part of the land is situated in the Great Barrier Reef wetland protection area, and
• the reconfiguration results in more than six lots, or if any of the resulting lots is less than five hectares, and
• the reconfiguration involves operational work that is high impact earthworks in a Great Barrier Reef wetland protection area, other than operational work for a domestic housing activity,
• operational work that:
• is not for a domestic housing activity, and
• is high impact earthworks in a Great Barrier Reef wetland protection area.

‘Domestic housing activity’ is defined as a single residence on a lot and any associated building or structure (such as a granny flat or home business).

Does my development involve high impact earthworks?

‘High impact earthworks’ means 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. Examples include:

• filling of land, including raising the level of land, by the placing of fill material
• excavation of land, including excavation to create a canal, channel or water storage
• construction of a levee, bund wall or diversion bank
• construction or raising of a dam, weir or other barrier across a waterway, and
• construction of a road, culvert or causeway.

High impact earthworks are not works undertaken for a domestic housing activity, to maintain infrastructure or for routine farm management activities, such as preparing existing cropped areas for cultivation.

What will it cost me?

The new wetland regulatory regime is likely to impose appreciable costs on industry and rural landholders in the form of application fees and assessment studies and on state and local governments in the form of administration and assessment costs.

Development for urban purposes (such as industrial, sporting, recreation and commercial purposes) attracts an application fee of up to $5,000. Development not for urban purposes (such as environmental, conservational, rural and natural purposes) attracts an application fee of up to $2,000. Assessment reports relating to site design and layout, hydrology and ecology may also be required which could cost in excess of $40,000.

How will my application be assessed?

The SPP for GBR Wetlands came into being with the overarching outcome to ensure development in, or adjacent to, wetlands of high ecological significance in Great Barrier Reef catchments is planned, designed, constructed and operated to minimise or prevent the loss or degradation of the wetlands and their values, or enhances these values.

An assessment manager must have regard to the SPP for GBR Wetlands if the development is considered assessable and where a planning scheme does not appropriately reflect the SPP. Where these circumstances apply, applications are to be assessed against the development outcomes and the development assessment code of the SPP.

Development that does not fully achieve the policy outcome of the SPP for GBR Wetlands is acceptable if the development either provides for an overriding need in the public interest, or achieves the development outcomes under the SPP to the maximum extent practicable having regard to the intrinsic characteristics of the development.

Further information

For any specific questions or if you would like assistance in making a submission feel free to contact us and we can assist you further:

Food and Agribusiness Group contact

Diana Lohrisch on 07 3233 8845

Planning and Environment Group contacts

Stuart Macnaughton on 07 3233 8869
Tarnya Fitzgibbon on 07 3233 8728.