Removal of dead marine wood from unallocated State land for trade ...

Department of Employment, Economic Development and Innovation
Code for self-assessable development
Removal of dead marine wood from unallocated State
land for trade or commerce
Code number: MP01 December 2011

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Contents
Contents 1
1. Introduction 1
2. Development relevant to this code 2
3. Meaning of terms
4. Compliance with this code
General
Notification
Signage
Annual Report
5. Code standards
Use of dead marine wood
Collecting dead marine wood
Sale of items made from dead marine wood
6. Contacts and further information
Glossary
Pre-works advice sheet for self-assessable code MP01
2
2
2
3
3
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3
3
3
4
5
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Fisheries Queensland Self-assessable code for removal of dead marine wood MP01 December 2011

1. Introduction
1.1 This code is prepared under the Sustainable Planning Act 2010 (SPA) and the Fisheries
Act 1994 1 to provide authorisation for the collection of dead marine wood on unallocated
tidal lands for hobby use or limited trade or commerce, without requiring a development
approval from Fisheries Queensland, a service of the Department of Employment,
Economic Development and Innovation (DEEDI).
1.2 Within SPA, the removal of dead marine wood from unallocated State land for hobby use or
limited trade or commerce is classed as ‘development’ and is defined as ‘operational work’.
1.3 SPA provides that operational work that is reasonably necessary for the collection of dead
marine wood for the purposes listed in this code is self-assessable development.
1.4 However, a person may only carry out development (collection of dead marine wood)
for the purposes covered by this code if the person holds a fisheries resource
allocation authority (RAA) 2 for the collection of dead marine wood from an authorised
area of unallocated State land (USL). A single RAA is issued for dead marine wood
collection over each area (one collector per area).
1.5 Under the Fisheries Act, a person may not unlawfully undertake development works in a
declared FHA (section 122) or unlawfully remove, destroy or damage a marine plant or
cause a marine plant to be removed, damaged or destroyed (section 123).
1.6 Self-assessable developments have limited potential for impact on the environment and/or
the community due to the minor or low risk nature of the activities authorised as selfassessable.
1.7 Prior to starting work, users of this self-assessable code need to consider other legislative
requirements, including the need for other approvals, e.g. under marine parks regulations.
Contact the relevant Local Government or Fisheries Queensland for more information.
1.8 Self-assessable development must comply with an applicable code. Before proceeding the
collector must obtain a valid RAA for the area of collection and is responsible for ensuring
the proposed work will comply with this code.
1.9 Where the development works cannot comply with this code 3 , an application for a
development approval is to be lodged for assessment by Fisheries Queensland.
1.10 This code is reviewed annually and may be amended. Developers should obtain the latest
version of the code from the Fisheries Queensland website (www.fisheries.qld.gov.au) or
by contacting us on telephone 13 25 23.
1 See Fisheries Act, section 22(2), and SPA, section 236, and Sustainable Planning Regulation (SPR)
schedule 3, part 2, table 4, item 4.
2 See Fisheries Regulation, section 216.
3 Under the Sustainable Planning Regulation 2009 and the Fisheries Regulation 2008, section 706, this code
is an applicable code for operational or building work made self-assessable under SPA. See SPR, schedule
3, part 2, table 4, item 4
Fisheries Queensland Self-assessable code for removal of dead marine wood MP01 December 2011 1

2. Development relevant to this code
2.1 This code is relevant to operational work for removing, destroying or damaging marine
plants if the removal, destruction or damage is of dead marine wood for hobby use or
limited trade or commerce. The dead marine wood must be collected within the area
specified on the RAA.
2.2 This code does NOT apply to the collection of dead marine wood within the boundaries of a
declared Fish Habitat Area (FHA) 4 .
2.3 This code does NOT apply to the collection of dead marine wood within the boundaries of a
wild river area 5 .
2.4 This code does NOT cover operational work for the removal of dead marine wood on lands
other than unallocated State land (e.g. freehold, leasehold) for hobby use or limited trade or
commerce. For proposed collection from other tenures, the code for self-assessable
development – Minor impact works in a declared fish habitat area or involving the removal,
destruction or damage of marine plants (MP06) applies.
3. Meaning of terms
3.1 For the purposes of applying this code and determining whether the proposed development
is self-assessable—
(a) ‘authorised person’ is a person who—
(i) possesses a current and relevant RAA; and
(ii) makes the RAA available for immediate inspection 6 ; and
(iii) undertakes the dead marine wood collection.
(b)
‘dead marine wood’ is defined in SPA. The term means a branch or trunk that
(i) is a part of a dead marine plant; or
(ii) was a part of a marine plant.
3.2 Other terms used are defined in the glossary of this code.
4. Compliance with this code
General
4.1 If development proceeds but is not compliant with this code, the developer (authorised
person) may be prosecuted under provisions of SPA or of the Fisheries Act 7 .
4 To find out the location of declared FHAs visit the Fisheries Queensland website www.fisheries.qld.gov.au
5 See the Department of Environment and Resource Management website for information on declaration of
wild rivers http://www.derm.qld.gov.au/wildrivers/index.html
6 See Fisheries Act, section 88.
7 See Fisheries Act, section 122 and section 123; and SPA, section 574
Fisheries Queensland Self-assessable code for removal of dead marine wood MP01 December 2011 2

Notification
4.2 At least 5 business days before work commences but no more than 20 business days
before work commences, the Pre-Works Advice Sheet in this code is completed and faxed /
emailed to the District Officer of the nearest Queensland Boating and Fisheries Patrol and
the Manager (Planning and Assessment) of the nearest Fisheries Queensland Regional
Fisheries Facility (see section 6 for contact information).
4.3 A map of the location of the works is submitted with the Pre-Works Advice Sheet.
4.4 All sections (1 to 8) of the Pre-Works Advice Sheet must be completed in full.
Signage
4.5 At all times while works are proceeding, at least one sign is to be erected on a public road
or waterway closest to the works site that enables the highest level of public visibility.
4.6 Each sign has the minimum dimensions of 50 centimetres x 50 centimetres.
4.7 The following words are legibly included on each sign: ‘Collection of dead marine wood for
hobby use or limited trade or commerce under Fisheries Queensland self-assessable code
MP01.’Tel 13 25 23. The sign(s) must also include the RAA number.
4.8 The sign(s) are removed within 48 hours of completion of works
Annual Report
4.9 An annual report is to be submitted by the authorised person to the Manager (Planning and
Assessment) of the nearest Regional Fisheries Facility twelve (12) months after the RAA is
issued, detailing—
(a)
(b)
(c)
the date(s) that dead marine wood was collected
for each date of entry, the area(s), including coordinates, where the dead marine
wood was collected
for each date and area entered, the number of pieces of dead marine wood that
were collected.
5. Code standards
Use of dead marine wood
5.1 Dead marine wood is only collected for the purposes of hobby use or limited trade or
commerce.
Collecting dead marine wood
5.2 No more than 50 pieces of dead marine wood are collected each calendar month.
5.3 A maximum of 100 pieces will be held in possession of an authorised person at any time.
5.4 The length of each piece of dead marine wood is no longer than 1 metre.
Fisheries Queensland Self-assessable code for removal of dead marine wood MP01 December 2011 3

5.5 For collecting dead marine wood—
(a)
(b)
no piece over 1 metre is to be cut or broken to achieve size restrictions
standing dead marine wood with remnant root system is left in the ground and is not
taken or pushed, to minimise substrate disturbance.
5.6 For collecting dead marine wood from tidal lands—
(a)
(b)
(c)
all collections will be by hand and all material collected will be carried by hand from
the tidal land
access to and from the tidal land is by foot only
no vehicles, machinery or tools will be used on tidal lands.
Sale of items made from dead marine wood
5.7 At the point of sale of a dead marine wood item, the seller is to display—
(a)
(b)
the number of the relevant RAA
number and title of this code.
Fisheries Queensland Self-assessable code for removal of dead marine wood MP01 December 2011 4

6. Contacts and further information
To assist in interpreting and applying this code, additional information is available from the
Fisheries Queensland web site (www.fisheries.qld.gov.au) or by contacting the relevant Regional
Fisheries Planning and Assessment office, contact details below.
Northern Fisheries Facility
North of, and including, Gladstone Regional
Council
Manager (Planning and Assessment)
PO Box 5396, Cairns Qld 4870
Telephone: (07) 4057 3712
Email: idasnfc@deedi.qld.gov.au
Facsimile: (07) 4057 3811
Maroochy Research Facility –
Nambour
South of Gladstone Regional Council
Manager (Planning and Assessment)
PO Box 5083 SCMC, Nambour Qld 4560
Telephone: (07) 5453 5860
Email: idassfc@deedi.qld.gov.au
Facsimile: (07) 5453 5921
Regional QBFP offices: Contact us on 13 25 23, visit www.fisheries.qld.gov.au or email
callweb@dpi.qld.gov.au for contact details of your nearest Queensland Boating and Fisheries
Patrol office.
Current versions of all Queensland legislation, including those listed, can be found at the Office of
the Queensland Parliamentary Counsel (OQPC) website (http://www.legislation.qld.gov.au/).
Fisheries Act 1994
Fisheries Regulation 2008
Sustainable Planning Act 2009
Sustainable Planning Regulation 2009.
Fisheries self-assessable codes (check the web site www.fisheries.qld.gov.au or SPA legislation
for the most current list):
MP01 – Self-assessable code for collection of dead marine wood.
MP02 – Self-assessable code for the maintenance of existing lawful structures.
MP03 – Self-assessable code for the maintenance of existing on-farm drains.
MP04 – Self-assessable code for the maintenance of powerlines and associated
infrastructure.
MP05 – Self-assessable code for educational, research or monitoring purposes.
MP06 – Self-assessable code for minor impact works.
AQUA01 – Self-assessable codes for low impact aquaculture.
WWBW01, WWBW02, WWBW03 – Self-assessable codes for water way barrier works.
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Glossary
applicable code
As defined in the Sustainable Planning Act 2009, schedule 3, dictionary: Applicable code, for
development, means a code, including a concurrence agency code that can reasonably be
identified as applying to the development.
dead marine wood
As defined in section 88B(4) of the Fisheries Act 1994.
The term means a branch or trunk that-
(i) is a part of a dead marine plant; or
(ii) was a part of a marine plant.
declared Fish Habitat Area (FHA)
As defined in the Fisheries Act 1994, section 4, schedule dictionary: A declared FHA means an
area that is declared under this Act to be a FHA. A declared FHA includes the land, water and
airspace above the land and water within the boundaries as depicted on the FHA plan.
Declared FHAs protect fish habitats from alteration and degradation by strictly limiting development
within and adjacent to the boundaries of the declared FHA.
A declared Fish Habitat Area includes the land below the surface of the substrate to a depth of 2m
within the boundaries as depicted on the FHA plan. See also section 120 & 122 of the Fisheries
Act 1994 and chapter 12, part 1 & schedule 3 of the Fisheries Regulation 2008.
development
As defined in the Sustainable Planning Act, section 7 and the Sustainable Planning Regulation
schedule 3: Includes building work, material change of use and operational work. Operational work
includes any work that involves the removal, destruction or damage of marine plants.
fish habitat
As defined in the Fisheries Act 1994, section 4, schedule dictionary: Includes land, waters and
plants associated with the life cycle of fish, and includes land and waters not presently occupied by
fisheries resources.
marine plant
As defined under the Fisheries Act 1994, section 8: Includes but is not limited to mangroves,
seagrass, saltcouch, algae and samphire (succulent) vegetation and adjacent plants such as
Melaleuca and Casuarina.
possess
As defined in the Fisheries Act 1994, section 4, schedule dictionary, possess a thing includes—
(a) have custody or control of the thing; and
(b) have an ability or right to obtain custody or control of the thing.
resource allocation authority (RAA)
As defined in the Fisheries Act 1994, section 4, schedule dictionary.
Resource Allocation Authority means a resource allocation authority issued, and in force, under
part 5, division 3, subdivision 2A of the Fisheries Act 1994.
self assessable development
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As defined in the Sustainable Planning Act 2009, schedule 3, dictionary: Self-assessable
development means—
1 Generally, self-assessable development means development prescribed under a regulation for
section 232(1) to be self-assessable development.
2 The term also includes development declared under a State planning regulatory provision to be
self-assessable development.
3 For a planning scheme area, the term also includes other development not prescribed under a
regulation to be self-assessable development, but declared to be self-assessable development
under any of the following that applies to the area—
(a) the planning scheme for the area;
(b) a temporary local planning instrument;
(c) a master plan for a declared master planned area;
(d) a preliminary approval to which section 242 applies.
tidal land
As defined in the Fisheries Act 1994, section 4, schedule dictionary: Includes reefs, shoals and
other land permanently or periodically submerged by waters subject to tidal influence.
trade or commerce
As defined in the Fisheries Act 1994, section 4, schedule dictionary.
Includes—
(a) a business activity; and
(b) anything else done for gain or reward.
waterway
As defined under the Fisheries Act 1994, section 4: Includes a river, creek, stream, watercourse or
inlet of the sea.
Fisheries Queensland Self-assessable code for removal of dead marine wood MP01 December 2011 7

Pre-works advice sheet for self-assessable code MP01
Complete all applicable sections and fax / email to District Officer of the nearest Queensland and
Boating Fisheries Patrol and the Manager (Planning and Assessment) of the relevant regional
Fisheries Facility (see section 6 for contact details) at least 5 business days but no more than 20
business days before works commence.
1.
Date wor k to commence:
2. Duration (no. days):
3. Collector’s name:
4. Details of contact person
This person may be contacted by Fisheries Queensland for monitoring purposes
Name:
Address: State: Postcode:
Email:
Phone:
Facsimile:
5. Location - Attach map to the pre-works advice (this) sheet
Complete the following:
Nearest town / suburb:
Nearest waterway:
6. Marine plant disturbance
Amount of dead marine wood intended to be collected (no. of pieces):
7. State resource allocation authority details
Resource allocation authority (RAA) number:
8. Notification details
Please provide the name of the Queensland Boating & Fisheries Patrol office (QBFP) and
Fisheries Queensland Regional Fisheries Facility you have notified.
QBFP station advised:
Regional Fisheries Facility advised:
OFFICE USE ONLY
Date of entry:
Date:
Date:
DLS Authority Number:
Please keep a copy of this form for your records. No confirmation will be given by Fisheries Queensland.
Fisheries Queensland Self-assessable code for removal of dead marine wood MP01 December 2011
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