Reclaiming land under tidal water - Department of Environment and ...

Guideline
Coastal Protection and Management Act 1995
Tidal works: Reclaiming land under tidal water
This document provides guidance to applicants about the information required to support the assessment of a development
application to carry out tidal works to reclaim land under tidal water under the Coastal Protection and Management Act 1995.
Introduction
Reclaiming land under tidal water 1 involves raising the land above high-water mark, whether gradually and
imperceptibly or otherwise, by carrying out works, including dredging and the depositing of solid material. By its
nature, the activity can result in the degradation and loss of coastal resources including foreshores, wetlands
and wader bird habitats. Reclamation can also adversely affect coastal processes and scenic landscape values.
Therefore, the need for any reclamation work, as well as the extent and nature of any potential adverse impacts
of this activity on coastal processes/resources and their values have to be examined carefully.
Assessment for the purposes of coastal management
Tidal work involving reclaiming land under tidal water is assessable development under the Sustainable
Planning Regulation 2009 (SP Reg), schedule 3, part 1, table 4, item 5(a). 2 The Department of Environment and
Heritage Protection (EHP) is assessment manager 3 for the development application, and the proposal for
reclamation work is assessed against the Coastal Protection and Management Act 1995 (Coastal Act).
Information to accompany your application
To ensure your application can be processed quickly, the following key information should accompany your
application for a development permit to carry out reclamation work. The application must also include the
assessment fee prescribed under the Coastal Protection and Management Regulation 2003 (Coastal Reg).
Information about the land/activity
1) A description of the land to be reclaimed. Where applicable, this description should be the real property
description of the land. In the case of State coastal land, the area and location in relation to the nearest real
property boundary must be stated.
2) Two copies of a plan of the land to be reclaimed drawn to a scale of not less than 1:1500 by a licensed
surveyor, showing the following information:
The boundary of the land to be reclaimed defined by metes and bounds, tied to real property
boundaries.
1
The Coastal Act defines ‘tidal water’ as: (a) the sea and any part of a harbour or watercourse ordinarily within the ebb and flow of the tide
at spring tides; or (b) the water downstream from a downstream limit declared under the Water Act 2000.
2
The Waste Reduction and Recycling and Other Legislation Amendment Bill 2012 amended the definition of ‘tidal works’ to include
reclamation of land.
3
EHP becomes concurrence agency when there is another assessment manager identified in the SP Regulation, such as a port authority
for development proposed in strategic port land.
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Guideline
Reclaiming land under tidal water
The location of the line of mean high water spring tide 4 in relation to the area of reclamation.
The location of the coastal management district 5 in relation to the area of reclamation.
Existing levels of the land and proposed final levels of reclamation in relation to Australian Height
Datum.
A typical cross section across the land to be reclaimed showing the proposed finished levels and
method of protecting the seaward boundary of the reclamation from erosion by the sea.
3) The estimated time of commencement and completion and the rate of progress of the reclamation.
4) The estimated cost of the reclamation work. 6
5) Information addressing the policies outlined in the Coastal Protection State Planning Regulatory Provision
(Coastal SPRP). 7
Other matters to consider
Information request
When considering the application, EHP may issue an information request or seek, or require the applicant to
seek, the views of other authorities in particular circumstances as follows:
The relevant local government, for its views and requirements regarding the reclamation.
Whether or not the proposed reclamation will significantly affect the rights of persons having an interest
in land in proximity to the proposed reclamation.
The State Land Asset Management team within the Department of Natural Resources and Mines
(NRM) concerning land tenure issues, as new land created will become unallocated State land or may
need a title under the Land Act 1994. 8
The Great Barrier Reef Marine Park Authority (GBRMPA), if the works will take place in the Great
Barrier Reef Marine Park.
The Australian Government Department of Sustainability, Environment, Water Population and
Communities , if the works may cause significant impacts on any matter of national environmental
significance under the Environment Protection and Biodiversity Conservation Act 1999.
Referral agencies
For development applications to reclaim land under tidal water:
Maritime Safety Queensland, through the Regional Harbour Master (Brisbane, Gladstone, Mackay,
Townsville or Cairns) or the Regional Manager, Gold Coast (where applicable) is a concurrence agency
for the application.
4 Predictions of tidal heights for various ports and differences for some other locations may be found in the official Queensland Tide Tables
published by the Department of Transport and Main Roads, but the time and height at locations other than those listed must be adjusted by
observation or local knowledge.
5 The coastal management district is an area declared under the Coastal Protection and Management Act 1995.
6 This is relevant to determining the prescribed fee under the Coastal Reg.
7 The Coastal SPRP is available at www.dsdip.qld.gov.au
8 Section 123 of the Coastal Act outlines that the right to occupy and use State land to carry out tidal works does not apply to tidal work that
is reclaiming land. This is necessary because allocation of tenure for land that is to be reclaimed is addressed under the Land Act 1994 prior
to works being undertaken.
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Guideline
Reclaiming land under tidal water
Port authorities as an advice agency for applications within port limits. For particular port operational
areas within port limits as stipulated in the SP Reg such as the area adjacent to navigation channels
and swing basins, port authorities will act as a concurrence agency.
Fisheries Queensland within the Department of Agriculture, Fisheries and Forestry (DAFF) is a
concurrence agency if the development involves removal, destruction or damage or a marine plant
and/or constructing or raising waterway barrier works. They will also be an advice agency when the
reclamation adjoins a declared fish habitat area (FHA).
The Gold Coast Waterways Authority (established under the Gold Coast Waterways Authority Act 2012)
is a concurrence agency for the application.
An applicant has 20 business days from the receipt of the acknowledgment notice to refer a copy of the
application, the notice and any applicable fee/s to each referral agency for assessment
Further approvals
An approval under the Sustainable Planning Act 2009 does not remove the need to obtain any further
approval(s) for the work that may be required pursuant to other legislation, both State and Commonwealth.
Applicants are advised to check with all relevant statutory authorities for such approvals as may be required.
Refer to the Marine Park Zoning Plans for requirements for marine park permits. 9
Disclaimer
While this document has been prepared with care it contains general information and does not profess to offer legal,
professional or commercial advice. The Queensland Government accepts no liability for any external decisions or actions
taken on the basis of this document. Persons external to the Department of Environment and Heritage Protection should
satisfy themselves independently and by consulting their own professional advisors before embarking on any proposed
course of action.
Approved by
John Lane May 2013
Director, Environmental Planning
Department of Environment and Heritage
Protection
Signature Date
Enquiries:
Permit and Licence Management
Ph. 1300 130 372
Fax. (07) 3330 5875
Email: palm@ehp.qld.gov.au
9 The Information Sheet - Permits for (State only) marine parks is available on the Department of National Parks, Recreation Sport and
Racing (NPRSR) web site: www.nprsr.qld.gov.au
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