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

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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. Page 2 of 3 • 130508 • EM1923 • Version 1 Department of Environment and Heritage Protection
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 Page 3 of 3 • 130508 • EM1923 • Version 1 Department of Environment and Heritage Protection
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