Schedule 7 of the Planning Regulation 2017 outlines certain types of accepted development including for building work, material change of use and operational work. In certain circumstances the proposed development must meet requirements or provisions set by another Act or local government, to be considered accepted development. If the development does not comply with the requirements for accepted development, a development application may be required.
The following types of accepted development address wetland values and functions:
Accepted development for high impact earthwork in a wetland protection area
Accepted development for fisheries development
Accepted development for vegetation clearing (codes)
Accepted development for water-related operational work
Accepted development for tidal work, or work within a coastal management district (codes)
For example, in relation to accepted development for vegetation clearing to manage weeds, this activity can be undertaken using the Managing weeds code under the Vegetation Management Act 1999. This code is an “accepted development vegetation clearing code”. This code states the required outcomes for clearing vegetation to control weeds, the practices that must be complied with and guidance on how to comply with each practice.
Accepted Development - Operational work in a Great Barrier Reef wetland protection area
The aim of the Environmental Protection Act 1994 (EP Act) is to protect Queensland's environment while allowing for development that improves the total quality of life, now and in the future, in a way that maintains the ecological processes on which life depends. This approach is termed 'ecologically sustainable development'. The Environmental Protection Regulation 2019 outlines the State’s interests for wetlands and provides for Great Barrier Reef Wetland Protection Areas (GBRWPA) to be shown on the Map of Great Barrier Reef wetland protection areas.
Certain operational works in a GBRWPA are considered accepted development under schedule 7, part 3, section 9 of the Planning Regulation 2017, provided that compliance with requirements under schedule 14.
Mechanism and recognition of wetland values
Wetland protection areas are located in GBR catchments and comprise the wetland and an area around the wetland.
Operational work can be undertaken in a GBR wetland protection area where the work complies with accepted development requirements prescribed in the Planning Regulation 2017.
In a GBR wetland protection area, accepted development is operational work that:
is high impact earthwork; and
is carried out for electricity operation or government supported infrastructure; and
The accepted development requirements are prescribed by the Planning Regulation 2017 and the Fisheries Act 1994 (Fisheries Act). The Fisheries Act outlines the State’s interest for fisheries.
To protect or give effect to the State’s interests for fisheries, accepted development must comply with the relevant accepted development requirements of the Planning Regulation 2017 or other relevant documents (e.g. accepted development requirements for operational work).
Approvals Required-activities involving disturbance to fish habitats are considered assessable or accepted development under planning legislation and fisheries legislation.
Accepted Development - Vegetation clearing codes
The Vegetation Management Act 1999 (VM Act) regulates the clearing of native vegetation in Queensland. The purpose of this Act is to regulate the clearing of vegetation in a way that among other things, conserves remnant vegetation, prevents the loss of biodiversity and maintains ecological processes. The VM Act outlines the State’s interests for native vegetation management.
The State’s interests for native vegetation are protected under the VM Act, and are given effect through the accepted development vegetation clearing codes.
Certain clearing activities including for fodder harvesting, managing weeds and encroachment, can be undertaken if they comply with the requirements of an accepted development vegetation clearing code. These codes specify the acceptable clearing practices within and adjacent to wetlands and watercourses, for example, no-machinery zones and erosion management zones. Under the codes, wetland means an area of land that supports plants or is associated with plants that are adapted to and dependent on living in wet conditions for at least part of their life cycle, and are shown on the vegetation management wetlands map.
The Water Act 2000 (Water Act) provides a legislative basis for the sustainable planning and management of the State’s water resources. The Water Act outlines the State’s interests for water.
To protect or give effect to the State’s interests in land use planning, matters relating to water resources are addressed under the Planning Regulation 2017 which sets out accepted development for water-related operational work with and without requirements. The Water Regulation 2016 and catchment water plans can be consulted to determine the level of assessment for work.
Mechanism and recognition of wetland values
In relation to the Water Act 2000 (Water Act) there are two types of accepted development: 1) accepted development and 2) accepted development with requirements.
Accepted development without requirements, if specified in a water resource plan or the Water Regulation 2016 does not require a development application, but may require an authority to take or interfere with water. Work to take watercourse water where there are no requirements, may include: infrastructure associated with taking water for certain low-risk activities under the Water Act 2000 (Water Act).
Accepted development with requirements (if specified in a water resource plan or the Water Regulation) also does not require a development application (however, assessment against a relevant code is required). The types of works requiring a development application are works taking overland flow water for certain purposes and the construction or modification of levees. Accepted development with requirements includes certain low-impact works related to watercourse and underground water.
Accepted Development - Operational work for tidal work or work within a coastal management district
The Coastal Protection and Management Act 1995 (CP Act) applies to the coastal zone and outlines the State’s interests for coastal protection and management. One of its objectives is to provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity.
To protect or give effect to the State’s interests, matters relating to the accepted development in the coastal zone are prescribed under Schedule 7, Part 3 Section 10 of the Planning Regulation 2017 which complies with the requirements for the work as prescribed in the Coastal Protection and Management Act 1995 section 167(5) (b).
While every care is taken to ensure the accuracy of this product, the Queensland Government and Australian Government make no representations or warranties about accuracy, reliability, completeness or suitability for any particular purpose and disclaim all responsibility and all liability (including without limitation, liability in negligence) for all expenses, losses, damages (including indirect or consequential damage) and costs which might be incurred as a consequence of reliance on the product, or as a result of the product being inaccurate or incomplete in any way and for any reason.
Last updated: 24 June 2019
This page should be cited as:
Department of Environment and Science, Queensland (2019) Accepted development, WetlandInfo website, accessed 24 September 2020. Available at: https://wetlandinfo.des.qld.gov.au/wetlands/management/legislation-update/self-assessable/