regional plan - department of state development ...€¦ · regional plans are one of these state...

BRISBANE

GOLD COAST

Relevance to Program

Program Component

MNES and OUV Type of activity Overall effectiveness

Effectiveness of regional plans in urban development to avoid MNES

Sustainable Planning Act 2009

Threatened speciesThreatened ecological communities Migratory species

Urban development Tourist developmentIndustrial development

Partially effectiveAt this stage, overall effectiveness is assessed as partially effective, due to the shortcomings in statutory obligations to monitor implementation of and review the MIW Regional Plan, as well as the need to develop local planning schemes, that appropriately reflect the MIW Regional Plan.

1.1 Introduction and purpose ...........................................................2

1.2 Identification of Matters of National Environmental

Significance ..............................................................................4

1.3 Pressures and potential impacts ..............................................7

1.4 Measures to avoid, mitigate and offset impacts on MNE S .......9

1.5 Measures to enhance MNES ................................................... 15

1.6 Information gaps and how they are being addressed ..............16

1.7 Resourcing, monitoring, evaluation and compliance regimes .17

1.8 Program effectiveness ............................................................. 18

1.9 Information sources .................................................................21

Demonstration Case 7: Mackay, Isaac and Whitsunday Regional Plan

GREAT BARRIER REEF COASTAL ZONE STRATEGIC ASSESSMENTDemonstration Case 7-2

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1.1 Introduction and purpose

This demonstration case shows how the Queensland Government Program uses regional planning to inform local planning and development in the Mackay, Isaac and Whitsunday (MIW) region and to identify and protect matters of national environmental significance (MNES), including Outstanding Universal Value (OUV). In Queensland, each local government is responsible for land use planning and development assessment within its jurisdiction. The vision, planning policy, planning controls and development assessment rules for each jurisdiction are contained within each relevant local government planning scheme.The Queensland Government also has interests in planning and development such as protecting State resources including agricultural land and wetlands in Great Barrier Reef (GBR) catchments. To manage these interests, the State can make a range of statutory State planning instruments under the Sustainable Planning Act 2009 (SP Act), which either impose requirements for development or inform local government decision-making processes. Regional plans are one of these State planning instruments. The Mackay, Isaac and Whitsunday Regional Plan (MIW Regional Plan) (Figure 1.1 1) provides the strategic framework for managing growth, change, land use and development in the region to 2031. Specifically, the MIW Regional Plan articulates the desired regional outcomes, policies and actions, regional land use patterns, infrastructure service provision and key environmental, economic and cultural resources to be preserved, maintained or developed.Commencing in February 2012, the MIW Regional Plan was developed with advice from the MIW Regional Planning Committee, which includes representation from local and State governments, peak State and Australian Government bodies, industry and community sectors. Consultative workshops, meetings and formal public consultation processes required under the SP Act were also used to inform the development of the MIW Regional Plan.

Figure 1.1 1 The MIW Regional Plan


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Figure 1.1 2: Map of the MIW Region (Queensland Government, 2012a) Source: DLGP, 2012

1.1.1 Context

The MIW region (Figure 1.1 2) has a total area of approximately 90 000 square kilometres representing 5.2 per cent of the total Queensland land area[1]. The region stretches approximately 350 kilometres north to south from Bowen to St Lawrence and east to west from the Whitsunday Islands to the Belyando River. It encompasses three local government areas (LGAs) and adjacent coastal waters: ▪ Mackay Regional Council ▪ Isaac Regional Council ▪ Whitsunday Regional Council


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1.2 Identification of Matters of National Environmental Significance

The MIW region is part of the Central Queensland Bioregion and is renowned for its natural environment, which provides the foundation for the region’s economy and society. In particular, the diversity of ecosystems and habitats in the region (including rare and threatened plant and animal species or ecological communities, coral reefs and wetlands) underpin MNES, including OUV. EPBC Act Protected Matters Reports generated on 20 September 2012 for the Mackay Whitsunday NRM region and the Mackay, Isaac and Whitsunday LGAs, identified a number of potential MNES present in the region (Table 1.2 1). These include prominent natural features such as: ▪ the Great Barrier Reef World Heritage Area (GBRWHA) ▪ important threatened ecological communities (TECs) such

as the Littoral Rainforest and Coastal Vine Thickets of Eastern Australia

▪ significant breeding, feeding and/or roosting sites for listed migratory species such as the red-necked stint, southern giant-petrel and the green, flatback and loggerhead turtles

▪ various listed threatened species including the Proserpine rock wallaby and the koala

▪ significant dugong populations and seagrass areas ▪ internationally recognised landscapes of aesthetic or scenic

significance such as the Whitsunday IslandsThe MIW region also features diverse nationally listed wetlands, including Edgecumbe Bay and Goorganga Plain Wetlands.To support such natural biodiversity, the MIW region contains many protected and conservation areas, such as national parks and nature refuges. Generally, these areas are protected under State environmental legislation such as the Nature Conservation Act 1992, Vegetation Management Act 1999 and Environmental Protection Act 1994. The Whitsunday LGA comprises the majority of the region’s uninterrupted protected areas including many coastal islands within the GBRWHA. Examples include Conway National Park, Dryander National Park and Gloucester Islands National Park, which provides important habitat for the endangered Proserpine rock wallaby (Petrogale persephone). Further south in the Mackay LGA, significant intact areas of national park include Cape Palmerston National Park and Cape Hillsborough National Park as well as various coastal islands including the Brampton, Smith and South Cumberland Islands national parks.

Source: SEWPaC, 2012 [2]

1 The figures included in this table are not to be read as cumulative totals and include areas outside of the GBR coastal zone. Various matters overlap across LGA boundaries and the NRM region. A single EPBC Protected Matters Report cannot be generated for the collective MIW region.

Table 1.2 1: MNES present in the MIW Region 1

MNES Mackay Whitsunday NRM Region

Mackay Regional Council (LGA)

Isaac Regional Council (LGA)

Whitsunday Regional Council (LGA)

World Heritage Properties

GBRWHA GBRWHA GBRWHA GBRWHA

Wetlands of International Importance

None None None None

GBR Marine Park zones

138 50 24 46

Commonwealth Marine Areas

1 None None None

Listed TECs 3 3 6 4Listed Threatened Species

47 43 57 48

Listed Migratory Species

60 57 49 56


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The GBRWHA is recognised in the MIW Regional Plan as a distinct natural environmental feature that is to be protected for its regional landscape values including: ▪ biodiversity ▪ scenic amenity ▪ landscape heritage ▪ outdoor recreation

Threatened species, migratory species and TECs, are incorporated into guidance maps of HES areas associated with the MIW Regional Plan. The policies that apply include: ▪ Development in non-urban areas should maintain the

integrity of areas with significant biodiversity values. ▪ In urban areas, impacts from development on areas with

significant biodiversity values, where they cannot be avoided, are offset in accordance with established policies, codes and frameworks.

▪ The values of regional biodiversity networks are protected for the long-term through improved ecological connectivity, enhanced habitat extent and condition, and rehabilitation of degraded areas.

The HES mapping supporting the MIW Regional Plan includes important threatened species habitat for critically endangered, endangered or vulnerable species listed under the EPBC Act, and also endangered, vulnerable and near-threatened species listed under the NC Act. Examples of such species in the region that are MNES include the Proserpine rock wallaby, loggerhead turtle, southern giant-petrel, greater large-eared horseshoe bat, and the littoral rainforest and coastal vine thickets of eastern Australia which are listed as a nationally threatened ecological community protected under the EPBC Act. At the time the MIW Regional Plan commenced, the State identified and spatially represented areas of significant biodiversity value in Queensland as areas of ecological significance (AES) that were of international, national, State or regional importance (Figure 1.2 1). The maps identifying AES published in the MIW Regional Plan document are provided as guidance to support local government decision-making and are not statutory in the context of the MIW Regional Plan for the purposes of the SP Act. MNES were embedded within the AES mapping methodology and identified along with matters of State significance as areas of high ecological significance (HES).

1.3 Pressures and potential impacts

1.3.1 Activities and pressures

From a land use planning and development perspective, the main pressures placed on MNES (including OUV in the GBR coastal zone) specifically derive from urban coastal development activities associated with economic development and population growth. There is limited development pressure in the western areas of the MIW region, with most urban development in the region concentrated in the eastern coastal areas. Agriculture and mining can also put pressure on MNES to the extent of which runoff from these activities impact on water quality. The tourism industry can also pose a threat to the health of waterways when its ancillary activities occur on or near sensitive marine environments. Despite having only 3.8 per cent of the State’s population, the MIW region is currently the third strongest economy in Queensland, contributing approximately 7.3 per cent of the Queensland’s GSP in 2011/2012.[3] Gross Regional Product in 2011/12 increased by 0.5 per cent from $17.6 billion in 2010/2011 to $20.6 billion[3]. As at December 2012, there were also over $98 billion of investment either planned, underway or completed in the MIW region (mainly deriving from mining, ports, rail, manufacturing and construction)[3]. The resource sector continues to contribute significantly to this regional economic growth, with the mining industry indexed at 10 times more important to the MIW regional economy as to the national economy[3]. In 2011/2012, the mining industry contributed $10.7 billion which equated to 50.3 per cent of the total GRP[3].Notably, the MIW region is home to some of the most significant coal mining operations and associated rail and port systems in Australia[3]. For example, the region includes the Bowen and Galilee Basins and the associated expanding port infrastructure at Abbot Point and Hay Point. This port infrastructure also offers future opportunities for increasing the shipping function of the port for activities related to sugar, grain and fuel[4] .Agriculture, forestry and fishing industries also continue to support the regional economy, contributing two per cent of the total GRP in 2011/2012 [3]. The use of land in the agricultural sector is distinctly separated with livestock grazing, cropping of wheat and sorghum in the west; and sugar and horticulture on the coast (Queensland Government, 2012a). The total gross value of agricultural commodities produced in the MIW region in 2010/11 was $888.4 million[5].


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Figure 1.2 1: Areas of ecological significance map of the MIW region (Queensland Government, 2012a) Source: DLGP, 2012


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Likewise, the established tourism industry is significant and diverse within the region. Mackay attracts business and various retail, hospitality and entertainment activities. Isaac offers heritage and mining trails, national parks and State forests and the Whitsundays services a leisure-tourism market. Generally, tourism is more affected by general economic conditions than other industries. The global economic situation and high Australian dollar exchange rate has affected the growth of this sector in recent years despite being partially offset by an increase in domestic tourism. As at December 2012, there was $152 million worth of tourism development either planned or underway in the MIW region [3].Urban development is expected to continue with a projected additional 100 000 people residing within the region by 2031[1]. It is estimated that this population growth will generate demand for an additional 43 300 dwellings and an extra 152 100 jobs [4].Notwithstanding past, current and predicted urban and associated development, the major and primary impact on MNES in this region is historical land use change (primarily broadscale clearing for agriculture) and ongoing sources of land-based pollution, particularly rural diffuse pollution.It should be noted that Sustainable Planning Act 2009 (SP Act) does not regulate all regional activities that put pressure on MNES, including OUV. For example, mining, petroleum and gas development, and agricultural land management practices, are regulated outside of the SP Act framework (although the SP Act does regulate clearing of native vegetation for agricultural and urban purposes). While they are significant regional pressures, the impacts of mining and agricultural land management activities have not been examined in this demonstration case.

1.3.2 Direct impacts

As the scale and intensity of development across various land uses increases, so do the potential impacts on MNES including OUV. For example, significant ecological communities and threatened species depend on the integrity of habitat and ecosystem processes. An expanding urban footprint and the provision of infrastructure and services to support a growing population can directly result in changes to habitat, increased consumption/waste and the close location of urban development and supporting infrastructure to significant habitat and environmental values.The MIW Regional Plan seeks to ensure that future urban development does not cause significant impact on MNES. Specifically the plan establishes that development in non-urban areas must maintain the integ rity of areas with significant biodiversity values. In urban areas, the MIW Regional Plan requires that impacts from development on areas with significant

biodiversity values, where they cannot be avoided, are minimised or offset in accordance with established policies, codes and frameworks.The MIW Regional Plan identifies preferred areas of development based on different land use categories and the projected population growth for the region. Local governments determine the specific nature and actual extent of development, through implementation of more targeted and locally relevant planning policies. Similarly, the direct impacts of development activities are assessed on an individual site-by-site basis by local governments. Overall, urban and industrial development and port activities occupy smaller footprints in the MIW region than other activities, as they have been subject to significant regulation in regard to potential impacts.

1.3.3 Indirect impacts

The implementation of the MIW Regional Plan may also indirectly impact on MNES, including OUV. For example, any land conversion, habitat fragmentation and changes in consumption and waste associated with increased development activity supported under the MIW Regional Plan, can affect biodiversity and/or species type and distribution.Changes to the regional landscape due to land conversion or the provision of infrastructure and services may also indirectly impact the scenic amenity and integrity of the GBRWHA. Generally, it is the responsibility of a local government to avoid, minimise or offset these impacts, in accordance with relevant State, regional and local policy, when planning for and assessing individual development applications. Increased runoff from changing or intensified land use or an expanding built environment, can also lead to potential adverse impacts on the GBR’s water quality. Within the MIW region, the agriculture and mining sectors (primarily regulated outside of the SP Act framework) place the greatest pressure on MNES, most notably through the impacts that operations can have on water quality and therefore on dependent freshwater and marine ecosystems. Increased sediment loads in GBR marine habitats from agricultural and mining runoff can exacerbate negative impacts on sensitive marine species including turtle and dugong populations. Development approvals issued under the SP Act generally require new development to address the effects of diffuse runoff from developed areas to minimise impacts. Urban waste is also treated to a high standard throughout the MIW region. The impacts of water quality are specifically discussed in a separate demonstration case (Water quality improvement in the Mackay region).


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1.3.4 Cumulative impacts

In the MIW region, cumulative impacts on MNES, including OUV, result from the collective environmental impacts of development activities associated with population and economic growth. In preparing the MIW Regional Plan, potential cumulative impacts on the environment were broadly considered and balanced in the identification of strategic planning outcomes. For example, the existing environmental condition of the region was considered in identifying (and influenced) the preferred pattern of development, based on projected population growth. Generally, cumulative environmental impacts can be identified and assessed in detail at the individual development application level; however the MIW Regional Plan does not specifically require this to be undertaken.

1.4 Measures to avoid, mitigate and offset impacts on MINES

The MIW Regional Plan is the overarching means for implementing the Program’s avoid, mitigate, offset hierarchy in the MIW region (in relation to planning and development regulated under the SP Act). Part C of the MIW Regional Plan details the Desired Regional Outcomes (DROs) for the region. Where the plan has identified pressures and impacts on MNES, it also provides principles, policies and programs to inform future planning decisions (including desired settlement patterns). These principles, policies and programs provide the framework for avoiding, mitigating and offsetting these impacts. Guidance is provided to support interpretation of the principles, policies and programs.In practice, the MIW Regional Plan informs local government planning and in doing so guides the avoiding, mitigating and offsetting of significant impacts on MNES. Local government planning schemes govern development and implement the intent of the MIW Regional Plan through management programs, design guidelines and development assessment. Development applications that do not comply with the DROs are in conflict with the MIW Regional Plan and would require adequate planning justification for approval, despite the inconsistency. The MIW Regional Plan is most effective when all local government planning schemes reflect its DROs and deliver a healthy community, environment and economy; which are the central values promoted in the MIW Regional Plan.

1.4.1 Avoid

In Queensland, there are two key processes established under the SP Act, whereby the values that underpin MNES, including OUV can be protected in areas where development is subject to assessment and conditioning. These being: ▪ plan-making (the preparation of planning instruments) ▪ development assessment

Both of these processes are important in managing the impacts associated with urbanisation that have the potential to impact on MNES including OUV – for example the scale/intensity of development, proximity to significant habitat, and consumption/waste. In order to achieve sustainable outcomes, plan-making and development assessment processes occur across State, regional and local levels in order to balance impacts and competing interests. Both processes are also supported by a range of mapping tools that provide the overarching spatial representation needed to identify and protect MNES. The SP Act does not regulate identified development areas (including SDAs, strategic port land and PDAs (formerly UDAs)), which are addressed in other demonstration cases. As such, the principles, policies and programs of the MIW Regional Plan are not mandatory for these developments.

1.4.1.1 Mackay, Isaac and Whitsunday Regional Plan 2012 and other State planning instruments

The process of plan-making (for both local and regional plans) is the primary means through which impacts on MNES may be avoided. When a local planning scheme is being developed it must, in addition to other relevant planning instruments, have regard for the applicable regional plan. The frontloading of State, regional and local planning policies into local planning schemes provides the opportunity to avoid impacts on MNES by: ▪ delineating protected areas in land use planning where

development is not supported (without adequate planning justification) to proceed, or

▪ identifying the appropriate co-location and zoning of land uses to decrease the risk of impact from otherwise incompatible development


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In the MIW region, various State and local planning instruments prepared under the SP Act manage and guide development in urban, non-urban and environmentally constrained areas. The statutory MIW Regional Plan is the pre-eminent State planning instrument within the region that supports the identification and protection of MNES, including OUV. Fifteen individual State planning policies (SPPs) expressing matters of State interest in the planning framework, also had statutory effect and provided the foundation for the MIW Regional Plan when it commenced in February 2012. Examples of SPPs in effect at February 2012 and identified in the MIW Regional Plan include: ▪ SPP 4/11: Protecting wetlands of high ecological

significance (HES) in Great Barrier Reef catchments ▪ SPP 4/10: Healthy Waters ▪ SPP 1/03: Mitigating the Adverse Impacts of Flood, Bushfire

and LandslideThere are also separate policies on the coastal environment that contribute to protection of MNES, including migratory species and the GBRWHA and the GBR Marine Park. In particular, the MIW Regional Plan aims to avoid the damage and degradation of coastal resources and values, which include ‘the foreshore, coastal wetlands, estuaries, marine waters, fringing reefs, dunes and coastal processes.’ These values relate to a number of MNES. Specific policies contained in the MIW Regional Plan include: ▪ Policy 3.3.2 – ‘Impacts on coastal values and processes are

avoided or minimised through the location, design and management of coastal development’

▪ Program 3.3.7 – ‘Identify locations for marine development that avoid or minimise adverse impacts on coastal resources and processes’

The MIW Regional Plan also articulates policies to improve broader ecological health, such as water quality, waterway health and wetland rehabilitation and refers to elements of the Queensland Government Program for the GBR coastal zone (such as the Queensland Coastal Plan and the Reef Water Quality Protection Plan), as mechanisms to consider when managing development in the coastal environment. These SPPs continue to have effect within the MIW region; however they are the subject of review as the Queensland Government prepares a new single SPP to provide a consolidated and comprehensive view of the State’s interests in planning and development. All existing SPPs will be replaced by the new single SPP once it is adopted (anticipated in late 2013).

It should be noted that the planning and development component of the Queensland Coastal Plan (i.e. SPP 3/11: Coastal Protection) and the coastal environment policies of the MIW Regional Plan, were suspended with the introduction of the draft Coastal Protection State Planning Regulatory Provision (Coastal Protection SPRP) in October 2012. The draft Coastal Protection SPRP was subsequently made as final in April 2013 and continues to suspend the abovementioned components. To the extent of any inconsistency, the Coastal Protection SPRP prevails over the MIW Regional Plan whilst it remains in effect. Revised coastal policies are currently being considered for incorporation into a single SPP. Once the single SPP is adopted, the Coastal Protection SPRP will be repealed. The regional planning process for the MIW region involved identifying land with increasing levels of protection based on the AES mapping methodology and planning for three regional land use categories: ▪ Urban Footprint – land to meet the projected urban

development needs to 2031 ▪ Rural Living Area – areas suitable for rural residential

development ▪ Regional Landscape and Rural Production Area – areas to

be protected from urban or rural residential development to support identified values such as significant biodiversity or fauna habitat, cultural and landscape heritage values, natural economic resources (e.g. mineral and extractive resources) and good quality agricultural land.

For each of these land use categories the intent and overarching principles are articulated throughout the MIW Regional Plan. Specific principles, policies and programs are also included in the MIW Regional Plan for each Desired Regional Outcome (DRO) that are designed to avoid, mitigate, offset impacts or enhance values that align with MNES, including OUV. These are discussed in further detail in Section 5 below but include for example: ▪ maintain the integrity of areas with significant biodiversity

values ▪ protect/manage/enhance natural assets, biodiversity values

and ecological services ▪ manage and enhance regional landscape values ▪ map areas demonstrating at least one of the identified

landscape values, to inform land use planning and decision-making


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Table 1.4 1: Relevant Local Government Planning Schemes in the MIW Region

Amalgamated Local Government

Former Local Governments (pre-2008 amalgamations)

Applicable Planning Schemes

Mackay Regional Council Mackay City CouncilMirani Shire CouncilSarina Shire Council

Mackay City Planning Scheme 2006Mirani Shire Plan 2007[6]

Sarina Shire Planning Scheme 2005[7]

Isaac Regional Council Belyando Shire CouncilBroadsound Shire CouncilNebo Shire Council

Planning Scheme for Belyando Shire 2009[8]

Broadsound Shire Planning Scheme 2005[9]

Nebo Shire Plan 2008[10]

Whitsunday Regional Council Bowen Shire CouncilWhitsunday Shire Council

Bowen Shire Planning Scheme 2006[11]

Whitsunday Shire Planning Scheme 2009[12]

Importantly, the MIW Regional Plan is not a final definitive statement on land use outcomes; rather it provides the context for local level plan-making. Regional plans are designed to resolve any competing State interests articulated in other State planning instruments such as SPPs. As part of the plan-making process, local governments must align their individual planning schemes with the intent/requirements of the relevant regional plan and any applicable SPPs. Once the new single SPP is adopted, local governments will be required to coordinate and integrate those relevant aspects of the SPP into new planning schemes as they are developed. Where relevant, regional plans will assist in guiding local government to coordinate and integrate the new single SPP in a balanced manner.

1.4.1.2 Local government planning instrumentsAccording to the hierarchy of planning instruments under the SP Act, State planning instruments (including regional plans) take precedence over local planning instruments to the extent of any inconsistency; until they have been appropriately reflected in the local planning instrument. In preparing local plans, local governments are required to appropriately reflect State and regional planning policies for their local area and reflect more detailed and local scale assessment of issues where this has been undertaken. The Queensland Government is responsible for reviewing and approving all local government planning schemes to ensure that State interests (including the MIW Regional Plan) are appropriately reflected at the local level.

Within the MIW region, there are currently three local governments responsible for land use planning and development. Prior to amalgamation in 2008, there were eight local governments operating within the MIW region. Each of the former local government areas established their own individual requirements to manage development and growth for their specific geographic area (Table 1.4 1). All existing local government planning schemes in the MIW region were developed prior to the commencement of the MIW Regional Plan in 2012.Zones, overlays and development codes contained in planning schemes are the primary mechanisms used in local planning to identify and protect MNES (including OUV). Each mechanism is used to guide the assessment of development applications and determine the overall level of assessment for a particular type of development in a specific location. For example: ▪ zones – indicate preferred and inappropriate forms and

location of development (e.g. residential, industrial, open space)

▪ overlays – indicate specific areas that may be sensitive to the effects of development, constrained/affected by particular issues (e.g. biodiversity or coastal management) or are subject to a valuable resource

▪ development codes – indicate the assessment criteria and requirements for different types of development (e.g. building height, site coverage)


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Local government planning schemes in the MIW Region contain various overlay codes and maps that support the identification and protection of MNES including OUV. For example, the Whitsunday Shire Planning Scheme 2009 includes mapping of essential habitat as part of a conservation area overlay (Figure 1.4 1). This mapping identifies habitat areas for the protected Proserpine rock wallaby. Policies contained in the planning scheme support the protection of these conservation areas through requirements that development does not impact on biodiversity values and more specifically, that the Proserpine rock wallaby habitat is protected and improved[12]. Other local governments in the region use different overlays that relate to the identification and protection of MNES. For example, overlay maps for coastal wetlands and landscape character are included in the Mackay City Planning Scheme 2006 [13].New planning schemes are currently being developed to reflect the amalgamated local government structure in the MIW region and they will be required to appropriately reflect the MIW Regional Plan. Until these new planning schemes are finalised, the planning and development assessment requirements of the eight existing planning schemes continue to apply. However, the MIW Regional Plan continues to prevail to the extent of any inconsistency.

1.4.1.3 DEVELOPMENT ASSESSMENTThe identification and protection of MNES is most effectively and accurately undertaken through site specific surveys and analysis when preparing and assessing a development application. However, the extent to which site investigation is required depends on the nature and scale of the proposed development.In instances where environmental considerations are involved, an ecological assessment may be required to support a development application. In preparing an ecological assessment, a planning consultant may generate an EPBC Act Protected matters report to identify the threatened species or species habitat that may occur, or likely occur, within the area. Where particular MNES are identified in the area, site specific surveys may be conducted to confirm or otherwise the presence of the species or habitat on the site. The consideration of the location of the proposed development and the MNES on the site, (if applicable) as part of the ecological assessment, allows the applicant to identify the likelihood of any potential impacts, their potential significance and whether referral to the Australian Government is required.

Where required, local and/or State government assessment managers and referral agencies are able to condition development approvals to support environmental protection. The assessment of individual development applications through the Integrated Development Assessment System (IDAS) ensures that consideration is given to project specific impacts being avoided or mitigated and any residual impacts offset. IDAS is explained in more detail in the program report. Examples of general approval conditions that could be considered to underpin the protection of MNES values include requirements that: ▪ all reasonable and practicable measures must be taken to

prevent and/or minimise the likelihood of environmental harm being caused

▪ a site-based management plan is prepared and identifies environmental issues and potential impacts, control measures, monitoring techniques etc.

▪ contaminants are not released directly or indirectly into waters, a roadside gutter or stormwater drainage

▪ monitoring and reporting be undertakenFailure to comply with the requirements of a development approval and the associated conditions is an offence under the SP Act with a maximum penalty of 1 665 penalty units (equivalent of $166 500).

1.4.2 Mitigate

Impacts on MNES can be mitigated (or minimised) through development assessment against a local planning scheme, and applicable State planning instruments (where these have not yet been appropriately reflected in a local planning scheme). This includes any environmental impact assessment or other processes that might be required as part of the information and referral phase of IDAS; whereby an applicant may need to demonstrate an alternative approach to reduce potential adverse impacts. In addition to the negotiation that may occur between an applicant and assessment manager during the IDAS process, an assessment manager may also apply conditions to a development approval that require the mitigation of adverse impacts.


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Figure 1.4 1: Conservation Areas Overlay Map – Whitsunday Shire Planning Scheme 2009) Source: Whitsunday Regional Council, 2009


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Under the MIW Regional Plan, the DRO #2.1: Regional landscape values, includes the policy (2.1.2) ‘Develop a consistent approach to the assessment, approval and management of rural, nature-based and ecotourism facilities that ensures such facilities do not degrade the values of the regional landscape.’ The values of the regional landscape (and rural production area) referred to are: ▪ significant biodiversity ▪ regional ecosystems that are ‘endangered’ or ‘of concern’ ▪ national parks, conservation parks, resource reserves or

other conservation areas ▪ significant fauna habitat ▪ Good Quality Agricultural Land (GQAL) and other productive

rural areas ▪ cultural and landscape heritage values (traditional and

non-Indigenous) ▪ natural economic resources, including mineral and

extractive resources and forestry plantations ▪ water catchments, water storages and groundwater

resources ▪ native forests ▪ coastal wetlands ▪ land that forms strategic and regionally significant inter-

urban breaks ▪ land unsuitable for or not required for urban or rural

residential purposes ▪ rural towns and associated activities

Some of these values and their local examples are MNES. For example, the significant biodiversity values referred to include the distinct natural environmental features identified in the MIW Regional Plan including the GBRWHA, significant feeding and roosting locations for migratory birds, significant dugong populations and seagrass beds and a large number of islands adjacent to the Whitsunday coast’ [14].In preparing a local planning scheme, a local government would identify the approach for assessing development involving rural, nature-based and ecotourism facilities, potentially including a development code and assessment criteria. As assessment manager, a local government could assess and approve a development application with conditions requiring the applicant to mitigate the impacts the development might have on the regional landscape (and potentially MNES).

An example of a condition for mitigation that would ensure rural, nature-based and ecotourism facilities do not degrade the values of the regional landscape is a condition to prevent contaminant release to land or water or minimising habitat loss. In order to prevent contaminant release, a development may be required to store all chemicals and flammable or combustible liquids in an authorised location and according to relevant prescribed Australian standards. Similarly, in relation to minimising habitat loss, a development may have to reduce the building footprint or identify an alternative location on the site.

1.4.3 Offset

Environmental offsets are used to replace environmental values lost through development that supports a rapidly growing economy and population. In Queensland, the process of development assessment and the ability of an assessment manager to issue a conditional approval is the primary approach to offsetting environmental impacts on MNES, in planning and development. Under the MIW Regional Plan, the DRO #3.1: Biodiversity includes the policy (3.1.3) ‘In urban areas, impacts from development on areas with significant biodiversity values, where they cannot be avoided, are offset in accordance with established policies, codes and frameworks’ (e.g. Queensland Offsets Policy being implemented through planning schemes).To implement this policy, local governments may include a requirement in a local planning scheme or condition of a development approval to provide offsets in accordance with a particular offsets policy. An example of a condition on a development approval that aims to offset unavoidable impacts on areas with significant biodiversity values would be the requirement for a developer to undertake land rehabilitation within a certain time period after completion of the development. This approach would comply with the Queensland Government Environmental Offsets Policy (QGEOP), which details the established policies, codes and frameworks to which the MIW Regional Plan policy refers . The QGEOP provides the current supporting framework for the management of offsets in Queensland and the foundation for specific issue offset policies such as the Policy for Vegetation Management Offsets or the Offsets for Net Gain of Koala Habitat in Southeast Queensland Policy. However, it should be noted that all offset policies in Queensland are currently under review.


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1.5 Measures to enhance MNES

The MIW Regional Plan applies to areas within and outside the GBRWHA and contains policies that encourage the management and enhancement of the environment and biodiversity values (which support MNES including OUV), throughout the region.Under the MIW Regional Plan, the DRO #3.2: Water quality, waterway health and wetlands, includes the policy (3.2.6) ‘Strategies to protect, manage and rehabilitate riparian areas and wetlands are incorporated into land use planning to maintain and enhance their water quality, scenic, biodiversity, ecological, recreational and corridor values.’ Where some of these aspects can be considered MNES, this policy directs local governments to maintain and enhance MNES. Other principles, policies and programs in the MIW Regional Plan that promote the enhancement of MNES and OUV within and outside of the GBRWHA, include: ▪ Principle 2.1.1 – ‘Manage and enhance the values of the

regional landscape to optimise their ability to contribute to the region’s liveability, lifestyle, health and economy’

▪ Policy 2.1.2 – ‘Plan, design and manage development, infrastructure and other activities to manage and enhance regional landscape values’

▪ Principle 3.1.1 – ‘The region’s natural assets, biodiversity values and ecological services are protected, managed and enhanced to improve their resilience to the anticipated effects of climate change and other threats’

▪ Policy 3.1.4 – ‘The values of regional biodiversity networks are protected for the long-term through improved ecological connectivity, enhanced habitat extent and condition, and rehabilitation of degraded areas’

▪ Policy 3.2.6 – ‘Strategies to protect, manage and rehabilitate riparian areas and wetlands are incorporated into land use planning to maintain and enhance their water quality, scenic, biodiversity, ecological, recreational and corridor values’

▪ Principle 3.3.1 – ‘Coastal resources are managed while protecting human life and property from the hazards of natural fluctuations in coastal processes. Coastal resources and values include the foreshore, coastal wetlands, estuaries, marine waters, fringing reefs, dunes and coastal processes. The management of delicate and significant coastal resources and values includes actions such as maintenance, protection, rehabilitation and enhancement’

▪ Principle 4.1.1 – ‘The management and use of natural resources enhance community, economic and landscape values’

▪ Policy 4.6.6 – ‘The planning, design and operation of diversified supply sources, wastewater and stormwater collection, treatment and re-use, and discharges to receiving waters, use best practice integrated water management principles to protect or enhance environmental values and to meet water quality objectives’

▪ Policy 6.4.6 – ‘Protect, enhance and sustainably manage the region’s native and plantation forests’

1.6 Information gaps and how they are being addressed

Maps supporting the MIW Regional Plan via the MIW SPRP that identified the preferred pattern of development for the urban footprint, rural living and regional landscape and rural production areas ceased to have statutory effect on 11 July 2012. This removed: ▪ restrictions on urban development outside the Urban

Footprint ▪ a regional land use map that indicates areas which are to be

protected as Regional Landscape and Rural Production Areas or Rural Living Areas, and areas which are designated as Urban Footprint

▪ restrictions on development within development areas, where development is inconsistent with the future planning intent

However, because the MIW Regional Plan policies refer to the settlement pattern, in practice the settlement pattern mapping is still being used. Another potential information gap is the methodology and mapping for AES (particularly HES) which does not separate individual mapping layers. As such, identifying the exact biodiversity value triggered on a site is not easily discernible. This matter is being addressed by the Queensland Government through a review and refinement of State biodiversity mapping. It is intended that future mapping for the purposes of planning and development, will be more interactive and more transparently identify the values that are captured for a particular site area of region.


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As part of the current planning reform agenda, the Queensland Government is also delivering a new generation of statutory regional plans that foster diverse and strong economic growth, identify regional infrastructure needs, and where necessary plan for urban growth and resolve land use conflicts, such as those arising between agricultural and mining activities. These plans may also provide a regional context to support the consideration of MNES.Similarly, the implementation of a single SPP will articulate and clarify the State’s position on matters of State interest in the planning framework, providing clear direction for local government. Statutory consultation on the draft single SPP was undertaken for a period of 40 business days commencing on 15 April and closing on 12 June 2013. Once adopted (likely to be in late 2013), it is anticipated that the single SPP will require consideration of MNES by local government up front in the plan making process and will provide a clearer line of sight from national interests and State interests, to local implementation.

1.7 Resourcing, monitoring, evaluation and compliance regimes

1.7.1 Resourcing, monitoring and evaluation

In relation to monitoring, the MIW Regional Plan states that:‘Regional planning is dynamic, reflecting the changing nature of the region’s population growth, demographics, housing demands and development activity. To ensure the effectiveness of the MIW Regional Plan and its implementation, there is a clear need to establish mechanisms to: ▪ monitor progress and changes in the region (e.g. population

projections, economic growth) ▪ identify new and emerging issues ▪ monitor implementation of the regional principles and

policies ▪ periodically review the status of the region and initiate

changes to regional strategies and priorities, where required’An extensive formal review process is scheduled to be undertaken every five to 10 years; however, there is no statutory obligation under the SP Act for this to be undertaken. For minor amendments/revisions, the Planning Minister may approve these at any time in accordance with the requirements of the SP Act. Outcomes of the review process are intended to guide further policy development and assist in setting future priority projects and actions.

1.7.2 Compliance

The SP Act sets out the following requirements for achieving compliance with regional plans: ▪ ensure local government planning schemes appropriately

reflect the regional plan ▪ ensure State and local government take account of the

regional plan when preparing or amending a planning instrument, plan, policy or code that may affect a matter covered by the regional plan

▪ ensure development assessment processes – including referral agency (generally State government) assessment for development applications – consider matters covered in the regional plan to the extent that they are not identified in a local government planning scheme as being appropriately reflected

The Queensland Government (specifically the Planning Minister) reviews proposed local government planning schemes and/or major amendments (as part of the State interest review process), to consider whether State interests are appropriately reflected. The MIW Regional Plan represents a State interest under the SP Act and therefore, each local government within the MIW region is required to appropriately reflect the principles and policies included in the regional plan. In instances where local government planning schemes are inconsistent with a regional plan, the regional plan prevails to the extent of any inconsistency.


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1.8 Program effectiveness

Land use planning and development assessment under the SP Act involves a process of balancing economic, social and environmental outcomes so that development and its effects are managed in an ecologically sustainable way. In Queensland, land use planning and development assessment outcomes are achieved through the interrelationship between State and local planning instruments. Generally, State planning instruments provide direction and local planning instruments enable delivery. Operating in isolation, the MIW Regional Plan cannot deliver sustainable planning outcomes that avoid, mitigate or offset impacts on MNES including OUV; although the principles and policies support these objectives. Rather, local planning instruments further refine State interests to have application in a local context. Monitoring and compliance mechanisms such as the State interest review process are effective in ensuring that local governments incorporate and address State interests (including regional plans) in local planning instruments. Assessment by the Queensland Government as a referral agency and the issuing of a development approval by an assessment manager (typically local government), also strengthens the ability of the land use planning system to protect MNES including OUV through the inclusion of conditions that must be adhered to. Through implementation of the MIW Regional Plan, it is generally expected that the condition of MNES including OUV across the entire region would remain relatively stable. The principles, policies and programs included in the MIW Regional Plan seek to protect and enhance the overall condition of MNES including OUV in the region. Importantly, it is recognised that many of the most significant issues affecting MNES, for example the ongoing impact from diffuse rural pollution on MNES in this region, cannot solely be addressed by regional planning processes under the SP Act framework. Therefore, the projected condition of MNES for the region is dependent on the assessment and approval of individual development proposals under the SP Act, other development regulated outside of the SP Act framework and the influence of various environmental management processes.The Queensland Government’s planning reform agenda represents a significant opportunity to consider possible legislative or policy changes, to strengthen the identification and protection of MNES including OUV through plan-making and development assessment at the State, regional and local level within the MIW region and statewide.

The MIW Regional Plan will undoubtedly be the subject of a future review, involving extensive consultation with key stakeholders and influenced by the Queensland Government’s commitment to planning reform. In the interim it does provide a solid basis on which local governments can build; to protect MNES including OUV in a local context.


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Measure Effectiveness Confidence Trend Comments

Demonstrated ability to identify MNES including OUV

Partially effective The MIW Regional Plan requires regional landscape areas to be identified and links to mapping for AES to guide/support local government decision-making. Identification of all specific MNES including OUV is not undertaken by the MIW Regional Plan. Local government planning schemes may contain specific overlay codes that identify values underpinning MNES. Site specific surveys are generally conducted at the development assessment level to confirm the presence of MNES.

Demonstrated ability assess impacts

Partially effective The MIW Regional Plan establishes principles and policies related to the identification and assessment of impacts. Local governments are required to appropriately reflect the MIW Regional Plan and other State planning instruments in their planning schemes. However, the development assessment process at the local level is the primary mechanism through which the ability to identify and assess impacts can be best demonstrated. Both State and local government have a role in development assessment.

Effectiveness in avoiding impacts

Partially effective The DROs and relevant policies, principles and programs as well as the vision of the MIW Regional Plan provide significant support to avoiding impacts on MNES. However, maps illustrating AES or the land use categories are not statutory. The detail of how to avoid impacting MNES is satisfactory in the MIW Regional Plan, although it is in combination with the requirements of other State planning policies that the necessary protection could be provided in a local planning scheme. Level of regional effectiveness is pending the development of amalgamated local planning schemes.

Effectiveness in mitigating impacts

Partially effective The DROs and relevant policies, principles and programs as well as the vision of the MIW Regional Plan provide some support to mitigating impacts on MNES. However, where the MIW Regional Plan provides planning and development objectives, the process for achieving these are not very specific and there is the possibility of broad interpretation by local government. As such, an assessment manager may have the flexibility for strong or weak development approval conditioning. Level of regional effectiveness is pending the development of amalgamated local planning schemes.


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Measure Effectiveness Confidence Trend Comments

Effectiveness in offsetting unavoidable impacts

Partially effective There is insufficient detail within the MIW Regional Plan on how offsetting is to be achieved by either local government or developers. The lack of detail is due to the regional nature and policy setting of the regional plan. Detail on implementing environmental offsets is as per the policies of the QGEOP, which does not specify regional priorities. In addition, all offset policies in Queensland are currently under review.

Contribution to enhancement of MNES including OUV and management of existing pressures

Partially effective The MIW Regional Plan encourages enhancement of landscape values where development is unavoidable. There is insufficient detail on how the enhancement is to be achieved; however it is not the role of the regional plan to provide this level of detail. NRM plans do provide some further detail. Level of regional effectiveness is pending the development of amalgamated local planning schemes.

Demonstrated ability to adapt system over time to incorporate new knowledge

Effective The Queensland Government’s planning reform agenda represents a significant opportunity to adapt the planning and development framework and develop new policy approaches – for example review and creation of a single SPP and delivering a new generation of statutory regional plans.

Resourcing, monitoring and compliance

Partially effective Monitoring, review and compliance processes allow for the system to adapt over time and ensure that local planning instruments appropriately reflect the principles, policies and programs identified in the MIW Regional Plan. Although the MIW Regional Plan is to be formally reviewed every five to 10 years, there is no statutory obligation under the SP Act for this to be undertaken. However, the Queensland Government does ensure local government planning schemes are consistent with a regional plan through State interest review processes.

Overall effectiveness

Partially effective The level of overall effectiveness is pending the development of amalgamated local planning schemes in the MIW region, that appropriately reflect the MIW Regional Plan. At this stage, overall effectiveness is assessed as partially effective, due to the shortcomings in statutory obligations to monitor implementation of and review the MIW Regional Plan, and the non-statutory effe ct of maps illustrating AES or the preferred pattern of development (i.e. land use categories).


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1.9 Information sources

1. Office of Economic and Statistical Research. 2012, Queensland Regional Planning Profiles: Mackay, Isaac and Whitsunday Regional Planning Project Area. Available from: www.oesr.qld.gov.au; Last accessed 3 August 2012.

2. Commonwealth Department of Sustainability Environment Water Population and Communities (SEWPaC). 2012, EPBC Act Protected Matters Report: LGA Whitsunday Regional, QLD.

3. Regional Economic Development Corporation. 2013, Mackay, Whitsunday, Isaac Regional Economic Profile March 2013. Available from: http://www.mwredc.org.au/index.php/publications/economic-profile; Last accessed 8 July 2013.

4. Queensland Government Business and Industry Portal. 2012, Business advantages in Mackay, Isaac and Whitsunday. Available from: http://www.business.qld.gov.au/trade/queenslands-regional-locations/central-queensland/mackay-isaac-whitsunday; Last accessed 23 October 2012.

5. Australian Bureau of Statistics, 2012, Value of Agricultural Commodities Produced, Australia 2010-11, cat. no. 7503.0. : Canberra, Australia.

6. Mackay Regional Council (formerly Mirani Shire Council), 2007, Mirani Shire Plan 2007: Mackay, Australia.

7. Mackay Regional Council (formerly Sarina Shire Council), 2005, Sarina Shire Planning Scheme Mackay, Australia.

8. Isaac Regional Council (formerly Belyando Shire Council), 2009, Planning Scheme for Belyando Moranbah, Australia.

9. Isaac Regional Council (formerly Broadsound Shire Council), 2005, Broadsound Shire Planning Scheme 2005: Moranbah, Australia.

10. Isaac Regional Council (formerly Nebo Shire Council), 2008, Nebo Shire Plan 2008: Moranbah, Australia.

11. Whitsunday Regional Council (formerly Bowen Shire Council), 2006, Bowen Shire Planning Scheme 2006: Propserpine, Australia.

12. Whitsunday Regional Council (formerly Whitsunday Shire Council), 2009, Whitsunday Shire Planning Scheme 2009: Prosperpine, Australia.

13. Mackay Regional Council (formerly Mackay City Council), 2006, Mackay City Planning Scheme 2006: Mackay, Australia.

14. Queensland Department of Local Government and Planning, 2012, Mackay, Isaac and Whitsunday Regional Plan, Queensland Government: Brisbane, Australia.

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