|
|
Quick facts
- Planning tool
- Queensland Wetland Buffer Planning Guideline
- can be used in palustrine, lacustrine, estuarine and marine wetland systems. It is also suitable for buffers around riverine and artificial wetlands. It is targeted at those with expert knowledge of wetlands.
The Planning Act 2016 provides the framework for land use planning and development assessment in Queensland. The Planning Regulation 2017 identifies the State Government as responsible for assessing certain developments which the State has jurisdiction over or a particular interest. These development applications may be referred to the State for referral or advice.
Local councils also assess for development involving wetlands, as part of requirements of a planning scheme. For more information on wetlands and the Queensland planning framework see State regulatory planning.
Where the chief executive is the prescribed assessment manager or referral agency under the Planning Regulation 2017, development is assessed against the State Development Assessment Provisions (SDAP). The SDAP is structured in a performance-based code format, whereby applicants can address performance criteria to demonstrate that a development appropriately manages impacts on matters of State environmental significance. SARA assesses development applications against the relevant provisions of applicable SDAP state codes and issues a response or decision on behalf of the chief executive.
Under the Planning Act 2016, there are three categories of development: prohibited, accepted and assessable. The following information addresses assessable code development for wetlands by the State.
Triggers for SDAP code assessment include development that involves coastal resources, high impact earthworks in Great Barrier Reef wetland protection areas, native vegetation clearing, fisheries resources, water resources and environmentally relevant activities. To find specific triggers relating to state assessment, see Appendix 1 and 2 of the latest version of the SDAP document. The Development Assessment Mapping System (DAMS) shows mapping of most state development assessment triggers, including for wetlands.
The following State codes address wetland values and functions:
- SDAP state code 8: Coastal development and tidal works
- SDAP state code 9: Great Barrier Reef wetland protection areas
- SDAP state code 10: Taking or interfering with water
- SDAP state code 11: Removal, destruction or damage of marine plants
- SDAP state code 12: Development in a declared fish habitat area
- SDAP state code 16: Native vegetation clearing
- SDAP state code 18: Constructing or raising waterway barrier works in fish habitats
- SDAP state code 22: Environmentally relevant activities
Note: Marine parks are not included in the framework and have a separate permitting process for development within a marine park.
An environmental offset may be required as a condition of approval where—following consideration of avoidance and mitigation measures—a prescribed activity is likely to result in a significant residual impact on a matter of state environmental significance (MSES) or a prescribed environmental matter (PEM) under the Environmental Offsets Regulation 2014.
| SDAP state code 8 Coastal development and tidal works |
|
The Coastal Protection and Management Act 1995 (CP Act) applies to the coastal zone and outlines State 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 State interests, matters relating to development in a coastal management district or involving tidal works are dealt with under the planning framework, and certain development applications are assessed through the State Development Assessment Provisions (SDAP – State code 8) as prescribed in the Planning Regulation 2017.
|
Mechanism and recognition of wetland values
Development in a coastal management district or involving tidal works for which the State is the assessment manager or referral agency is assessed against this SDAP code.
This code requires that development avoids adverse impacts on matters of State environmental significance (MSES) and where this is not reasonably possible, that impacts are minimised and significant residual impacts are offset where appropriate. These MSES include coastal wetlands, declared fish habitat areas and migratory species habitat. The code also provides for maintaining coastal processes and conserving coastal resources including vegetation, wildlife and the marine environment.
The purpose of this code is to ensure that development is designed and located to:
- protect life, buildings and infrastructure from the impacts of coastal erosion
- maintain coastal processes
- conserve coastal resources
- maintain appropriate public use of, and access to and along, state coastal land
- account for the projected impacts of climate change; and
- avoid impacts on matters of State environmental significance and, where avoidance is not reasonably possible, minimise and mitigate impacts, and provide an offset for significant residual impacts where appropriate.
- not result in a significant residual impact on a matter of state environmental significance unless the significant residual impact is acceptable, and an offset is provided.
In addition to the above, the purpose of this code is to ensure that development involving operational works, which is not assessed by local government is designed and located to protect life and property from the impacts of storm tide inundation.
|
Resources
|
| SDAP state code 9 Great Barrier Reef wetland protection areas |
|
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 and Environmental Protection (Water and Wetland Biodiversity) Policy 2019 outlines the environmental values and environmental objectives for wetlands.
To protect or give effect to environmental values and environmental objectives for wetlands, matters relating to high impact earth works in a wetland protection area in the Great Barrier Reef are dealt with under the planning framework and certain development applications are assessed through the State Development Assessment Provisions (SDAP – State code 9) as prescribed in the Planning Regulation 2017.
|
Mechanism and recognition of wetland values
This code aims to ensure that proposed development involving high impact earthworks in a wetland protection area (WPA):
- is located outside of a wetland;
- does not have an unacceptable impact on wetland environmental values;
- is designed and located to avoid impacts or, where the matters of state environmental significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated; and
- does not result in a significant residual impact on a matter of state environmental significance unless the significant residual impact is acceptable, and an offset is provided.
WPAs are located in Great Barrier Reef catchments and comprise the wetland and an area around the wetland. The Environmental Protection Regulation 2019 provides for WPAs to be shown on the Map of Great Barrier Reef wetland protection areas. The Environmental Protection (Water and Wetland Biodiversity) Policy 2019 describes wetland environmental values.
Note: Environmental values, for wetlands, means values declared under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 to be the environmental values for wetlands.
From the Environmental Protection Act 1994, environmental value means:
- a quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or
- another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
|
Resources
|
| SDAP state code 10 Taking or interfering with water |
|
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 State interests for taking or interfering with water.
To protect or give effect to State interests, matters relating to works for taking or interfering with water are dealt with under the planning framework and certain development applications are assessed through the State Development Assessment Provisions (SDAP – State code 10) as prescribed in the Planning Regulation 2017.
|
Mechanism and recognition of wetland values
This code establishes requirements for development approvals for a range of activities in water areas including certain works that take overland flow and works that take or interfere with water in a watercourse, lake or spring and underground water. Under the Water Act, the definition of lake includes a lagoon, swamp or other natural collection of water. This SDAP code protects natural riverine ecosystems, the physical integrity of watercourses, and natural overland flow paths. It also provides for the maintenance of natural processes of artesian and sub artesian systems.
The purpose of this code is to provide for the sustainable management of water by ensuring that development for taking or interfering with water:
-
maintains:
- natural ecosystem processes;
- riverine environment;
- underground water systems;
- physical integrity of watercourses;
-
does not result in an adverse impact on:
- connectivity between underground water and water in a watercourse, lake or spring;
- property of others;
- the water security of other users and their access to the water resource.
- minimises the volume of overland flow water taken, consistent with the purpose of the development.
- minimises the take of contaminated agricultural run-off water;
- in the Queensland Murray Darling Basin, allows for the capture of contaminated agricultural run-off water and release of water when acceptable water quality is achieved.
|
Resources
|
| SDAP state code 11 Removal, destruction or damage of marine plants |
|
The Fisheries Act 1994 (Fisheries Act) provides for the use, conservation and enhancement of the community's fisheries resources and fish habitats. Marine plants are a vital component of fish habitats and contribute to fisheries productivity in Queensland. The Fisheries Act outlines State interests in relation to marine plants.
To protect or give effect to State interests, matters relating to the removal, destruction or damage of marine plants are dealt with under the planning framework, and certain development applications are assessed through the State Development Assessment Provisions (SDAP – State code 11) as prescribed in the Planning Regulation 2017.
|
Mechanism and recognition of wetland values
The purpose of this code is to ensure that development which involves the removal, destruction or damage of marine plants and fish habitat:
- maintains the extent, distribution, diversity and condition of marine plant communities and protects the ecological functions to which they contribute
- maintains the health and productivity of fisheries resources and fish habitat
- minimises impacts on the management, use, development and protection of fisheries resources and fish habitat
- is designed and located to avoid impacts or, where the matters of state environmental significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated
- does not result in a significant residual impact on a matter of state environmental significance unless the significant residual impact is acceptable, and an offset is provided.
|
Resources
|
| SDAP state code 12 Development in a declared fish habitat area |
|
The Fisheries Act 1994 (Fisheries Act) provides for the use, conservation and enhancement of the community's fisheries resources and fish habitats. The Fisheries Act outlines State interests in relation to declared fish habitat areas (FHAs).
To protect or give effect to State interests, matters relating to development in declared FHAs are dealt with under the planning framework and certain development applications are assessed through the State Development Assessment Provisions (SDAP – State code 12) as prescribed in the Planning Regulation 2017.
|
Mechanism and recognition of wetland values
A fish habitat area (FHA) declared under the Fisheries Act is an area protected against physical disturbance from coastal development. Queensland's declared FHA network ensures fishing for the future by protecting all inshore and estuarine fish habitats (e.g. vegetation, sand bars and rocky headlands) contained within declared FHAs, which play a key role of sustaining local and regional fisheries.
This code relates to development in a declared fish habitat area. This code addresses the health and productivity of fisheries resources.
The purpose of the code is to ensure development in a declared fish habitat area:
- is limited to prescribed development purposes;
- maintains the natural condition of fish habitat and natural processes in management A areas;
- maintains the current fish habitat values and functions of management B areas;
- maintains the community and fishing sector’s use of the area and access to fisheries resources;
- is designed and located to avoid impacts or, where the matters of state environmental significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated;
- does not result in a significant residual impact on a matter of state environmental significance unless the significant residual impact is acceptable, and an offset is provided.
|
Resources
|
| SDAP state code 16 Native vegetation clearing |
|
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 categorises vegetation and establishes a mapping framework that supports assessment under the planning framework.
If triggered, development applications are assessed through the State Development Assessment Provisions (SDAP - State code 16) as prescribed in the Planning Regulation 2017. The code assesses the impact of development on matters including regional ecosystems, essential habitat for threatened and near threatened species, riparian watercourse vegetation and regulated wetland vegetation.
Note: In addition to this, a permit may be required under the Nature Conservation Act 1992 (NC Act) for the clearing of native plants.
|
Mechanism and recognition of wetland values
Development approvals may be required for a number of clearing purposes and can include assessment for a proposed material change of use and reconfiguration of a lot.
This code includes provisions for the extent of vegetation associated with wetlands and watercourses to be maintained, by restricting specified clearing activities within defined wetland and watercourse protection zones. Under the code 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 (a certified map under the VM Act showing particular wetlands for the State).
The purpose of this code is to ensure development:
-
avoids clearing, or where avoidance is not reasonably possible, minimises clearing to:
- conserve vegetation;
- avoid land degradation;
- avoid the loss of biodiversity;
- maintain ecological processes;
- minimises contributions to greenhouse gas emissions;
- for vegetation retention purposes, is undertaken in a manner that retains or regenerates vegetation by sustainably managing the impacts of the clearing on regional ecosystems, biodiversity and ecological processes over time;
- is consistent with any notice requiring compliance on the land subject to the development application unless a better environmental outcome can be achieved;
- is consistent with vegetation management requirements for particular regulated areas unless a better environmental outcome can be achieved;
- avoids impacts on vegetation and minimises and mitigates impacts on vegetation where avoidance is not possible;
- does not result in a significant residual impact on a matter of state environmental significance unless the significant residual impact is acceptable, and an offset is provided (where appropriate). An offset is not appropriate for acceptable significant residual impacts on a connectivity area unless the clearing is for development that is a coordinated project, natural channel diversion or contaminants removal.
|
Resources
|
| SDAP state code 18 Constructing or raising waterway barrier works in fish habitats |
|
The Fisheries Act 1994 (Fisheries Act) provides for the use, conservation and enhancement of the community's fisheries resources and fish habitats. The Fisheries Act outlines State interests in relation to fish habitats and fish movement.
To protect or give effect to State interests, matters relating to constructing or raising waterway barriers works in fish habitats are dealt with under the planning framework and certain development applications are assessed through the State Development Assessment Provisions (SDAP – State code 18) as prescribed in the Planning Regulation 2017.
|
Mechanism and recognition of wetland values
This code ensures that development involving the constructing or raising of waterway barrier works in a fish habitat avoids impacts on marine plants, waterways that provide for fish passage, and declared fish habitat areas that are matters of state environmental significance. Where avoidance is not reasonably possible, effort is made to minimise and mitigate impacts, and provide an offset for significant residual impacts where appropriate.
The purpose of the code is to ensure that development involving the constructing or raising of waterway barrier works in a fish habitat:
- maintains fish movement and connectivity throughout waterways and within and between fish habitats;
- maintains the health and productivity of fisheries resources and fish habitat;
- maintains the community and fishing sectors’ use of the area and access to fisheries resources;
- provides adequate fish passage including a fishway, if necessary;
- avoid impacts or, where the matters of state environmental significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated;
- does not result in a significant residual impact on a matter of state environmental significance unless the significant residual impact is acceptable, and an offset is provided.
|
Resources
|
| SDAP state code 22 Environmentally relevant activities |
|
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 ecological processes on which life depends. This approach is termed 'ecologically sustainable development'. The EP Act outlines State interests for environmental harm in relation to the natural environment.
To protect or give effect to State interests, matters relating to material change of use for an environmentally relevant activity high impact earth works in a wetland protection area in the Great Barrier Reef are dealt with under the planning framework and certain development applications are assessed through the State Development Assessment Provisions (SDAP – State code 22) as prescribed in the Planning Regulation 2017.
|
Mechanism and recognition of wetland values
State assessment is required for a material change of use for an environmentally relevant activity (ERA) if the activity is a concurrence ERA under the Environmental Protection Regulation 2019. This SDAP code addresses matters to be considered in undertaking all concurrence ERAs and certain additional outcomes for intensive animal industries. Matters include the suitability of the site, the location and management of the activity on the site so that environmental values, including wetlands, are protected.
The purpose of the code is to ensure that environmentally relevant activities (ERAs):
- are located and designed to avoid or mitigate environmental harm on environmental values of the natural environment, adjacent sensitive land uses and sensitive receptors;
- are designed and located to avoid impacts or, where the matters of state environmental significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated;
- does not result in a significant residual impact on a matter of state environmental significance, unless the significant residual impact is acceptable, and an offset is provided.
- avoid impacts on matters of state environmental significance, and where avoidance is not reasonably possible, minimise and mitigate impacts, and provide an offset for significant residual impacts where appropriate.
|
Resources
|
Disclaimer
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: 11 July 2023
This page should be cited as:
Department of Environment, Science and Innovation, Queensland (2023) State development assessment codes, WetlandInfo website, accessed 30 August 2024. Available at: https://wetlandinfo.des.qld.gov.au/wetlands/management/legislation-update/state-dev-assessment/
|
— Department of Environment, Science and Innovation