Guideline to permissable changes for fisheries development approvals

Department of Employment, Economic Development and Innovation 

Guideline to permissible changes for 

fisheries development approvals 

July 2011

© State of Queensland, Department of Employment, Economic Development and Innovation, 2011. 

The Queensland Government supports and encourages the dissemination and exchange of its information. The 

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Under this licence you are free, without having to seek permission from DEEDI, to use this publication in accordance with 

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Contents 

Contents 

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1.0 Title 1 

2.0 Objectives 1 

3.0 Background and context 1 

4.0 Application of the guideline 2 

5.0 Relevant legislation 2 

5.1 Planning Act considerations 2 

5.1.1 Substantially different development 2 

5.2 Other considerations 3 

6.0 Consultation 3 

7.0 Guideline provisions 3 

7.1 Permissible Change Checklist for Fisheries Development Approvals 3 

8.0 Glossary 10 

Guideline to permissible changes for fisheries development approvals July 2011 

ii

1.0 Title 

The document may be cited as: 

DEEDI, Fisheries Queensland, 2011, Guideline to permissible changes for fisheries development 

approvals under Queensland planning legislation. 

2.0 Objectives 

This guideline has been developed to provide guidance for decision makers and clients for 

proposed changes to existing fisheries development approvals issued under the Sustainable 

Planning Act 2009 (Planning Act) or issued or transitioned under the repealed Integrated Planning 

Act 1997. 

In particular, the guideline assists in determining whether a proposed change to an existing 

fisheries development approval is a ‘permissible change’ and can be implemented through an 

amendment to the existing approval, or whether a new development application for the proposed 

change must be submitted for assessment under the Integrated Development Assessment System 

(IDAS). 

3.0 Background and context 

A fisheries development approval issued under the Planning Act is required for the following 

developments unless the development is self-assessable under a code which refers to: 

constructing or raising waterway barrier works (operational works); 

works in a declared fish habitat area (operational and building works); 

removal, destruction or damage of marine plants (operational works); or 

aquaculture (material change of use of premises). 

Changes to existing fisheries development approvals are often requested by developers to allow 

for changes to the development, including amendments to, or cancellation of conditions, and to 

extend the period of the approval. 

The review of planning processes in Queensland (Planning for a Prosperous Queensland, August 

2007), recommended the reform of IDAS to consolidate, simplify and allow more flexible 

arrangements for changing development approvals. 

The new Planning Act consolidated and simplified the process for changing approvals and 

introduced the term ‘permissible change’ to define the bounds for changing valid development 

approvals outside the periods set for negotiation of referral agency responses and decision 

notices, and for appeals to the Planning and Environment Court. 

This guideline provides examples of permissible changes, the limits for permissible changes as 

these relate to fisheries development approvals, and the rationale behind the limits. The rationale 

is based on the Fisheries Act 1994 (Fisheries Act) objectives, the criteria specified in section 367 of 

the Planning Act and the criteria for ‘substantially different development’ stated in the Statutory 

Guideline 06/09 – Substantially different development when changing applications and approvals 

(December 2009) (see link http://www.dlgp.qld.gov.au/resources/planning/planning/statutoryguideline-06-09.pdf) 

Guideline to permissible changes for fisheries development approvals July 2011 1

4.0 Application of the guideline 

This guideline applies to all circumstances where a developer requests a change to an existing 

fisheries development approval, issued under the Integrated Planning Act 1994 or issued or 

transitioned under the Planning Act. 

The scope of this guideline is restricted to assisting applicants and Fisheries Queensland to 

evaluate whether a proposed change to a fisheries development approval (development permits 

and preliminary approvals) is permissible. 

5.0 Relevant legislation 

This operational guideline is to be read and applied in conjunction with the Planning Act, 

associated Regulations, the Fisheries Act 1994 and Fisheries Regulation 2008, and all other 

relevant Government policies and guidelines. 

5.1 Planning Act considerations 

Section 367 of the Planning Act defines a ‘permissible change’ for a development approval. It 

states: 

1. A permissible change, for a development approval, is a change to the approval that would not— 

(a) 

(b) 

result in a substantially different development; or 

if the application for the approval were remade including the change— 

(i) require referral to additional concurrence agencies; or 

(ii) for an approval for assessable development that previously did not require impact 

assessment—require impact assessment; or 

(c) for an approval for assessable development that previously required impact assessment— 

be likely, in the responsible entity’s opinion, to cause a person to make a properly made 

submission objecting to the proposed change, if the circumstances allowed; or 

(d) cause development to which the approval relates to include any prohibited development. 

2. For deciding whether a change is a permissible change under subsection (1)(b) or (d), the 

planning instruments or law in force at the time the request for the change was made apply (the 

applicable law). 

3. Application of the applicable law does not stop a change mentioned in subsection (1)(b) from 

being a permissible change only because the applicable law, if applied to the application as 

originally made, would require referral to any additional referral agencies or involve impact 

assessment.’ 

5.1.1 Substantially different development 

The Planning Act introduces the term ‘substantially different development’ in s.367(1)(a) which sets 

out what constitutes a permissible change, but does not define the term. The previous Department 

of Infrastructure and Planning (now Department of Local Government and Planning (DLGP) 

produced a Statutory Guideline 06/09, “Substantially different development when changing 

applications and approvals” to assist in defining what constitutes ‘substantially different 

development’. 


This statutory Guideline states: 

“A change may result in a substantially different development if the proposed change: 

 

 

 

 

 

 

 

 

 

involves a new use with different or additional impacts 

results in the application applying to a new parcel of land 

dramatically changes the built form in terms of scale, bulk and appearance 

changes the ability of the proposal to operate as intended. For example, reducing the size of a 

retail complex may reduce the capacity of the complex to service the intended catchment 

removes a component that is integral to the operation of the development 

significantly impacts on traffic flow and the transport network, such as increasing traffic to the 

site 

introduces new impacts or increases the severity of known impacts 

removes an incentive or offset component that would have balanced a negative impact of the 

development 

impacts on infrastructure provision, location or demand.” 

Section 367 of the Planning Act and the Statutory Guideline have been used as the basis for the 

Permissible Change Checklist for Fisheries Development Approvals in Section 7 (below). 

5.2 Other considerations 

Section 347(1)(a) of the Planning Act states that any conditions of a new development approval 

must not be inconsistent with conditions of an earlier existing valid approval. Careful 

consideration should be given to ensure that a permissible change involving a change to a 

condition(s), or the application of a new condition(s), does not conflict with the existing approval. If 

a conflict arises, the earlier approval should be amended to remove the conflict, if possible, prior to 

seeking to make a permissible change to the later approval. 

6.0 Consultation 

Not applicable. 

7.0 Guideline provisions 

7.1 Permissible Change Checklist for Fisheries Development 

Approvals 

Given the complexity of matters requiring consideration, a checklist of relevant considerations has 

been developed to assist holders of current fisheries development approvals and Fisheries 

Queensland to determine whether a change to the fisheries development approval constitutes a 

permissible change. 

If the answer is ‘yes’ to any of the questions (A-M below), then the proposed change does not 

constitute a permissible change. If the answer to all the questions is ‘no’, then the proposed 

change is likely to be a permissible change. 

An application for amendment to a fisheries development approval, where the change is 

determined to be a permissible change by Fisheries Queensland, will be assessed with regard to 

the planning instruments, plans, codes, laws or policies applying when the original application was 

made. However, Fisheries Queensland may give the weight it considers appropriate to the 

planning instruments, plans, codes, laws or policies applying when the request was made. The 

amendment application may, or may not, be approved. 


A. If the fisheries development approval were remade with the proposed change, 

would the application require referral to an additional concurrence agency under the 

laws and planning instruments in force at the time the change request is made? 

If ‘no’, go to B. 

If ‘yes’, the change is not permissible – submit a new development application. 

Explanatory note: 

Examples of changes to fisheries development approvals where a new referral agency 

would be triggered are: 

 

 

Operational works approvals where the change involves excavation or filling to an 

extent that it now triggers the State Planning Policy for acid sulfate soils and referral 

to the Department of Environment and Resource Management; 

An approval for a material change of use for aquaculture where the change triggers 

the threshold for an Environmentally Relevant Activity: e.g. change from no 

discharge to discharge to Queensland waters; or an increase to a production area 

greater than 10 hectares; 

This applies to changes to fisheries development approvals where DEEDI (Fisheries 

Queensland) is either assessment manager or a concurrency agency. 

B. If the original application was code assessable, would the changed 

development trigger impact assessment under the laws and planning instruments in 

force at the time the change request is made? 

If ‘no’, go to C. 



All fisheries development approval applications, and most State agency assessments, are 

code assessable. This criterion will only be relevant when the change triggers impact 

assessable development under a planning scheme or other planning instrument. 

Such a change is likely to be a new use or a substantially different development and when 

unsure, advice should be sought from the relevant Council or the DLGP before making an 

application for a permissible change. 

C. If the original application was impact assessable, does DEEDI (Fisheries 

Queensland), the ‘responsible entity’ for the change, consider that the change is 

likely to cause a person to make a submission objecting to the change, if 

circumstances allowed? 

If ‘no’, go to D. 



As fisheries development approvals are code assessable, not impact assessable, this 

question is relevant when DEEDI (Fisheries Queensland) is a concurrence agency for 

development that is also impact assessable under the planning scheme or other planning 

law or policy. 


Advice should be sought from the assessment manager to confirm whether the change is 

likely to trigger an objection if circumstances allowed. 

D. Would the changed development give rise to prohibited development under 

the laws and planning instruments in force at the time the change request is made? 

If ‘no’, go to E. 



Prohibited developments are defined in Schedule 3 (Dictionary) of the Planning Act as: 

1. Generally, prohibited development means development mentioned in Schedule 1 [of 

the Planning Act]. 

2. The term also includes development declared under a State planning regulatory 

provision to be prohibited development. 

3. For a planning scheme area, the term also includes development not mentioned in 

Schedule 1, but stated or declared under any of the following for the area to be prohibited 

development— 

(a) the planning scheme, including a structure plan; 

(b) a temporary local planning instrument. 

Changes to fisheries development approvals are most likely to give rise to prohibited 

development when the approval is within a wild river area declared under the Wild Rivers 

Act 2005, or when the change involves vegetation clearing under the Vegetation 

Management Act 1999. DERM should be consulted in these instances. 

Consult with the local Council or the DLGP for details of prohibited development under a 

planning scheme, temporary local planning instrument, or structure plan. 

E. Will the change involve a new use with different or additional impacts? 

If ‘no’, go to F. 



A ‘new use’ or purpose of the land needs to be reviewed in relation to legislation and 

departmental policies, and the effect the change has on the land and adjacent lands when 

the development is completed. 

This is particularly important for development within a declared Fish Habitat Area which 

constrains uses to the prescribed development purposes stated in section 214 of the 

Fisheries Regulation 2008. 

An amendment to the resource allocation authority is required, if legislation allows, before a 

permissible change can be made. 

A new use or purpose must be consistent with legislation in place at the time of the original 

development application, as required under S.367(2) and (3) of the Planning Act. 


Examples of new uses are: 

 

 

A change to the purpose specified in a resource allocation authority for the approved 

development – the revised development cannot be inconsistent with the resource 

allocation granted for the original development; 

A change from a use that is supported by a policy developed to meet the objectives 

of the Fisheries Act, or a State Planning Policy, to a use that is not supported or 

cannot be supported - the proposed change is likely to have different social, 

economic or environmental impacts. 

A new use must also have different or additional impacts to be considered substantially 

different development. Different or additional impacts include: 

 

 

 

A further significant loss of fish habitats (either temporary or permanent) requiring 

additional offsets and/or mitigation measures or conditions; 

A significant change in the types of habitats impacted; 

Additional or different impacts on fish passage opportunities or safety 

A ‘new use’ does not include the following: 

 

 

Any change to the type of aquaculture (e.g. marine to freshwater; no discharge to 

discharge) being conducted on non-tidal land; 

A change in the type of structure for the same purpose (e.g. culvert to a pylon bridge 

for a waterway crossing, unless fish passage in enhanced). 

F. Will the change result in development on an additional parcel of land not part 

of the original approval? 

If ‘no’, go to G. 



This applies whether the additional parcel of land is tenured (e.g. freehold) or the subject of 

a resource entitlement (e.g. lease or permit to occupy). 

Additional development on the same lot as the original approval may be considered as a 

permissible change. 

G. Does the change dramatically change the built form in terms of scale, bulk 

and appearance? 

If ‘no’, go to H. 



This criterion is likely to be relevant to fisheries development approvals in regard to 

aquaculture only but may also be relevant to approvals granted by the Council (e.g. 

assessment against planning scheme codes). 

A change from sea ranching aquaculture to line aquaculture would be considered a 

dramatic change to the appearance of the operation. 


H. Does the changed development change the ability of the proposal to operate 

as intended? 

If ‘no’, go to I. 



Changes to fisheries development approvals that affect the ability of the proposal to 

operate as intended include: 

 

A change restricting public use of an area that was designated for public purposes in 

the original application and subsequent approval; 

For waterway barrier works, a change that would adversely affect fish passage (a 

change for which equivalent fish passage is not provided) such as the incorporation 

of a mini-hydro turbine in a dam outlet works. 

I. Does the change remove a component that is integral to the operation of the 

development or increase the impacts of the approved development? 

If ‘no’, go to J. 



Examples of changes that remove a component that is integral to the operation of the 

development include: 

 

 

 

Removal of mechanisms to mitigate the impacts of the development on or adjacent 

to the development site (unless satisfactory alternative mechanisms, agreed to by 

the developer and Fisheries Queensland, are provided via conditions of an amended 

fisheries development approval); 

Removal of the approved mechanisms for providing fish passage (unless alternative 

mechanisms, agreed to by the developer and Fisheries Queensland, are provided 

via conditions of a an amended fisheries development approval); 

Changes that increase the risk of escape or translocation of aquaculture fisheries 

resources or diseased fisheries resources. 

J. Will the change significantly impact on traffic flow and the transport network, 

such as increasing traffic to the site? 

If ‘no’, go to K. 



Advice should be obtained from the Department of Transport and Main Roads, if the 

original development triggered a referral to Main Roads or if the development is adjacent to 

a State-controlled road. 

Advice should be sought from the local Council, if the change may affect the local road 

traffic flow or road network. 

Examples of changes which may affect traffic flow and the transport network include, but 

are not limited to, increases in the scale of developments, changes in the locations of roads 

joining the road network, changes in drainage to or adjacent to the road. 


K. Does the change introduce new impacts or increase the severity of known 

impacts? 

If ‘no’, go to L. 



Changes to fisheries development approvals that introduce new impacts or increase the 

severity of the impacts that were assessed for the original development application include: 

 

 

 

Type and scale of the impacts of the changed development not supported under 

legislation and relevant government fish habitat management policies or statutes 

(e.g. the prescribed development purpose for works in a declared Fish Habitat Area); 

New impacts on fish habitats, in conjunction with the approved impacts, which 

require higher level of assessment, as determined by the fee guideline 

http://www.dpi.qld.gov.au/documents/Fisheries_Habitats/Fisheries-devel-feesguide.pdf 

at the time of the original application; 

Impacts (particularly if the change includes new locations) different to those notified 

in the future act notification undertaken for the original application. The change, if 

notified, may have resulted in a different response from Native Title claimants or a 

representative body in relation to impacts on Native Title, and possibly, cultural 

heritage. 

Changes to fisheries development approvals that introduce new conditions of approval to 

those included from the assessment of the original development application, for example: 

 

Further offsets required to meet the Qld Government Environmental Offsets Policy 

and its specific-issue policies (required for significant further permanent and longerterm 

temporary loss of fish habitats); 

Extending the period that a temporary waterway barrier works is in place beyond 12 

months; 

 

 

 

 

Incorporating additional energy dissipation devices downstream of a waterway 

barrier; 

Realignment or relocation of waterway barrier and/or fishway entrance; 

Adverse changes to the design, alignment or location of the waterway barrier or 

fishway or fish passage components; 

Increasing the height or length or footprint of a waterway barrier. 

For aquaculture 

 

 

 

On unallocated state land, a change in production systems (e.g. from extensive to 

intensive aquaculture; from aquaculture where no feed is added to adding feed; or 

from sea ranching to line aquaculture; from no structures to structures); 

For land-based aquaculture, a change to aquaculture which involves discharge of 

wastewater to waterways. 

For aquaculture adjacent to the Great Barrier Reef Marine Park, a change which 

triggers, or would have been triggered, had the changed development application 

been made at the time of the original development application, Chapter 9 Part 7 of 

the Planning Act. 


L. Does the change remove an incentive or offset component that would have 

balanced a negative impact of development? 

If ‘no’, go to M. 



This criterion is relevant to changes involving permanent or significant temporary losses of 

fish habitats for which offsets have been conditioned in the fisheries development approval. 

Any removal or reduction of the offset component may only occur as a permissible change 

if the requirement for offsets, that is the permanent or long-term temporary losses of fish 

habitats, is removed from the development as part of the proposed change. 

M. Does the change result in impacts on infrastructure provision, location or 

demand? 

If ‘no’, the change is a permissible change. 

Submit to DEEDI (Fisheries Queensland) a completed ‘Request to change an existing 

approval’ form available from the www.dlgp.qld.gov.au website, together with a Level 1 

assessment fee (refer to ‘Guide to assessment fees for fisheries development applications’: 

http://www.dpi.qld.gov.au/documents/Fisheries_Habitats/Fisheries-devel-fees-guide.pdf ) 

An application for amendment to a development approval, where the change is determined 

to be a permissible change by Fisheries Queensland, will be assessed with regard to the 

planning instruments, plans, codes, laws or policies applying when the original application 

was made. However, Fisheries Queensland may give the weight it considers appropriate to 

the planning instruments, plans, codes, laws or policies applying when the request was 

made. The application may or may not be approved. 



This question may be relevant to fisheries development approvals granted for 

developments requiring the provision of infrastructure, such as new land subdivisions, 

master plan areas and staged developments. 

Advice on whether the proposed change impacts on the provision, location and demand for 

infrastructure should be sought and confirmed in writing from DLGP, local government 

and/or relevant infrastructure provider(s). 


8.0 Glossary 

In this Guideline the terms listed below have the following meaning: 

Approved Aquaculture Area 

The area defined in the development approval where the aquaculture operation is permitted. 

Aquaculture 

As defined in the Fisheries Act 1994. 

Refer to the Queensland legislation website for the most current version 

www.legislation.qld.gov.au. 

Declared Fish Habitat Area 



www.legislation.qld.gov.au 

Marine plant 




Material Change of Use of Premises 

As defined in the Sustainable Planning Act 2009. 



Permissible change 

As defined in the Sustainable Planning Act 2009. 



Waterway 




Waterway barrier works

Guideline to permissable changes for fisheries development approvals

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