Guideline
Coastal Protection and Management Act 1995
Approval requirements for local government works in coastal management district
This guideline is designed to help local government identify and meet requirements associated with obtaining coastal
development approvals under the Sustainable Planning Act 2009 and the Coastal Protection and Management Act 1995 for
works they are proposing.
Introduction
The Sustainable Planning Act 2009 (SPA) requires a range of coastal development to be assessable under the
integrated development assessment system (IDAS).
Development may be made assessable under SPA by:
•
the Queensland Government under schedule 3 of the Sustainable Planning Regulation 2009 (SP
Regulation). Coastal development made assessable by the Queensland Government is listed in part 1,
1
2
table 4, item 5, and is restricted to works in tidal water or coastal management districts ; or
•
a local government under a local government planning scheme.
This guideline defines coastal management districts and explains the role of the Department of State
Development, Infrastructure and Planning (DSDIP), the Department of Environment and Heritage Protection
(EHP) and local government in assessing development applications. The EHP guideline Assessable coastal
development identifies the types of coastal development made assessable under schedule 3 of the SP
Regulation.
In tidal waters, dredging activities are assessable under SPA (against the Environmental Protection Act 1994
(EP Act)) and may also require a resource allocation notice under the Coastal Protection and Management Act
1995 (Coastal Act).
DSDIP and EHP offer a comprehensive pre-design conferencing service for applicants. This service will deliver
timely, consistent and transparent advice on environmental considerations relevant to an applicant’s proposal
and associated activities. The result is generally expedited processing of the subsequent application.
Approvals commonly required for works by local governments
The types of work commonly undertaken by local governments in foreshore areas and the corresponding
statutory approval requirements are listed in Table 1. Depending on the nature of the proposal, applicants are
reminded that other statutory approvals may also be required. For example, a permit under the Marine Parks
Act 2004 for works in a marine park.
1
Tidal water—means the sea and any part of a harbour or watercourse ordinarily within the ebb and flow of the tide at spring
tides, or the water downstream from a downstream limit declared under the Water Act 2000 (see schedule [Dictionary] of the
Coastal Act).
2
Coastal management district—refers to areas declared under the Coastal Act requiring special development controls and
management practices (see chapter 2, part 3 of the Coastal Act).
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Guideline
Approval requirements for local government works in coastal management district
Table 1: Common local government works in coastal management districts that require approval
Type of work
Location
Legislation relating
to the requirement
of an approval
Tidal work including
reclamation of land
3
under tidal water
In, on or above land
under tidal water, or
land that will or may
be under tidal water
because of
development on or
near the land, and
work that is an
integral part of the
relevant work,
wherever located.
SPA
SP Regulation
Coastal Act
4
Coastal Regulation
Tidal work starting
within, partly within,
or completely within,
a local government
tidal area and
including integral
parts of the structure
constructed above
high water mark.
SPA
SP Regulation
Coastal Act
Coastal Regulation
Prescribed tidal
5
work
EHP information
sheet/guideline/policy
• Constructing tidal works
• Preparing a water
allocation area for tidal
works
• Assessable development
under the Coastal Act
• Removing or interfering
with coastal dunes
• Operational work on
State coastal land
• Prescribed tidal work
• Local government
assessment of
prescribed tidal work
• Assessable development
under the Coastal Act
• Removing or interfering
with coastal dunes
• Operational work on
State coastal land
Interfering with
6
quarry material on
State coastal land
above high water
mark
State coastal land
above high water
mark
SP Regulation
Coastal Act
• Operational work on
State coastal land
(Guideline)
• Operational work on
State coastal land
(Policy)
3
Tidal works are defined in the Schedule [Dictionary] of the Coastal Act as work (the relevant work) in, on or above land
under tidal water, or land that will or may be under tidal water because of development on or near the land, and work that is
an integral part of the relevant work, wherever located. Tidal works also include works designed to be exposed to tidal water
because of shoreline fluctuations; and works within the boundaries of a canal, whether above or below high-water mark.
4
Coastal Protection and Management Regulation 2003.
5
Prescribed tidal work is defined in s.14 Coastal Protection and Management Regulation 2003, and are tidal works, other
than tidal works in s.15, completely or partly with a local government tidal area. See the full definition of prescribed tidal work
for exclusions.
6
Quarry material is defined in the Schedule [Dictionary] of the Coastal Act as material on State coastal land, other than a
mineral within the meaning of any Act relating to mining. Quarry material includes, for example, stone, gravel, sand, rock,
clay, mud, silt and soil, unless it is removed from a culvert, stormwater drain or other drainage infrastructure as water
material.
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Guideline
Approval requirements for local government works in coastal management district
Type of work
Location
Legislation relating
to the requirement
of an approval
EHP information
sheet/guideline/policy
Disposing of dredge
spoil or other solid
waste material in
tidal water
Land under tidal
water
SP Regulation
Coastal Act
• Disposing of material in
tidal water
Dredging activities
State coastal land
below high water
mark
SPA
SP Regulation
EP Act
Coastal Act
• ERA 16—Extractive and
screening activities
Constructing an
artificial waterway.
Coastal
management district
SPA
SP Regulation
Coastal Act
• Development involving
an artificial waterway
Removing or
interfering with
coastal dunes on
land, other than
State coastal land,
that is an erosion
prone area and
above high water
mark
Freehold/leasehold
land above high
water mark
SP Regulation
Coastal Act
• Removing or interfering
with coastal dunes
(Guideline)
• Removing or interfering
with coastal dunes in an
erosion prone area on
land other than State
coastal land (Policy)
7
The approvals in Table 1 apply to land under tidal water; State coastal land or coastal dunes in a coastal
management district.
Assessment manager for coastal approvals 8
Local government is the assessment manager for prescribed tidal work that is within, or commences within, a
local government tidal area and other coastal approvals undertaken above the high water mark (unless located
in strategic port lands).
A port authority is assessment manager for works in strategic port lands and strategic port land tidal areas.
DSDIP is the assessment manager for all other development on behalf of all State agencies (not including
government-owned corporations such as Energex, Ergon, ports or airports).
EHP is a technical agency and may be requested to provide technical advice to DSDIP and the applicant for
tidal works, or development in a coastal management district.
Works below high water mark
9
An approval is generally required for all works below high water mark. This includes tidal works , reclaiming
land, or disposing of dredge spoil or other solid waste material.
7
State coastal land is defined in s.17 of the Coastal Act and refers to land in a coastal management district other than
freehold or leasehold land, land in a State forest or timber reserve, in a watercourse or lake (as defined under the Water Act
2000), or land subject to lease or licence issued by the Queensland Government. Examples of State coastal lands include
unallocated State land, reserves for which local government is a trustee, roads, esplanades (as defined under the Land Act
1994) and land over which a permit to occupy has been granted under the Land Act.
8
Schedule 6 of the SP Regulation defines the assessment manager for the different types of development application.
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Approval requirements for local government works in coastal management district
Tidal works
Tidal works include the construction of a basin, boat ramp, breakwater, bridge, dam, dock, dockyard,
embankment, groyne, jetty, pipeline, pontoon, power line, seawall, slip, small craft facility, training wall or wharf
and works in tidal water necessarily associated with the construction or demolition. Tidal works also include
works designed to be exposed to tidal water because of shoreline fluctuations and works within the boundaries
of a canal, whether above or below high water mark.
Tidal works do not include—
(a) erecting a sign or other structure including, for example, a navigational aid or sign for maritime
navigation, under a direction made under another Act; or
(b) building an open drain that—
(i) is less than 1m deep; and
2
(ii) has a cross sectional area less than 2.5m ; or
(c) work within a coastal management district that is assessable development prescribed under SPA,
s.232(1); or
(d) removing quarry material that has accumulated within the boundaries of, or in an area adjoining, a
previously approved tidal work to allow the work to be used for the function for which it was
approved; or
(e) removing quarry material from land under tidal water, if the removal is for no other purpose than the
sale of the material or use of the material to reclaim land; or
(f)
constructing buoy moorings.
Prescribed tidal work
Local government is the assessment manager for certain types of tidal works (prescribed tidal work) within their
local government tidal area. Applications for prescribed tidal work are assessed against the prescribed tidal
work code (the Code), a regulatory code under the Coastal Protection and Management Regulation 2003
(Coastal Regulation). Local government will also be able to apply its planning scheme to assess prescribed tidal
work in its tidal area to the extent stated in the Code. Matters that the Code deals with are amenity and
aesthetics, public access, restriction of non-maritime use of tidal water, the provision of infrastructure, allocation
of water areas, and design and safety requirements. For more information regarding the assessment of
prescribed tidal work, refer to EHP’s guideline on Local government assessment of prescribed tidal work.
Removing quarry material below high water mark
All types of dredging activities (e.g. extractive industry, capital dredging associated with the construction of tidal
works, and maintenance dredging) where the operation results in the physical removal of quarry material from
land below high water mark require a separate approval to remove State-owned quarry material. Under the
Coastal Act, a resource allocation notice regulates the removal of quarry material from State coastal land below
high water mark. EHP’s guideline on Allocation of quarry material provides additional information and
assessment requirements. Additionally, dredging may be an environmentally relevant activity (ERA) under the
EP Act that requires an IDAS development approval.
Removal of quarry material can involve taking the material for sale, using the spoil for reclamation purposes or
fill above the high water mark, or removing the material to a land-based disposal site.
Removing quarry material from land under tidal water does not include moving, shifting or otherwise placing
dredged material from one location below the high water mark to another. Activities of this nature will be dealt
with as either part of a tidal works application, or as a separate IDAS application to dispose of dredge spoil or
other solid waste material in tidal water for maintenance works.
9
Tidal works include prescribed tidal work.
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Approval requirements for local government works in coastal management district
Note that the removal of waste stone, gravel, sand, clay, mud, silt and soil from a culvert, stormwater drain or
other drainage structure does not require a resource allocation.
Resource allocations examine the implications of removing material from the coastal system, such as effects on
the supply of sediments to estuaries and the sea, and the integrity, stability and long-term sustainable use of the
coastal land.
Owner’s consent
All tidal work, including prescribed tidal work, unless built over freehold inundated land, will involve interfering
with a State resource (land). The allocation of State resources (such as granting permission to use unallocated
State land) is now addressed separately to SPA decisions.
Despite this, under s. 263 of SPA, a development application for works below high water mark and outside a
canal (as defined under the Coastal Act) must be supported by the written consent of the owner of the land.
For more information, refer to EHP’s guideline on Owner’s consent for assessable coastal development.
Works on State coastal land above high water mark
An IDAS approval is required for assessable development on State coastal land above high water mark to
interfere with quarry material. EHP’s guideline and operational policy for Operational work on State coastal land
provide details for such applications.
Works on council freehold or leasehold land within the coastal management district
An IDAS approval is required for works involving removing or interfering with coastal dunes on land, other than
State coastal land, that is in an erosion prone area and above high water mark. The guideline and operational
policy for Removing or interfering with coastal dunes provide details for such applications.
Emergency works
Local governments may, on rare occasions, need to construct emergency works, including erosion protection
works to protect infrastructure, property and/or the community. Local government may also need to carry out
emergency works to ensure that relevant tidal works, including prescribed tidal works, with a development
10
permit under SPA are maintained in a safe condition .
11
Emergency works which are tidal works may be carried out under certain conditions, after which, as soon as
reasonably practicable after starting the emergency work, the local government must make an application for
the development and give the assessment manager written notice of the work and a copy of the safety
12
management plan .
Through appropriate risk management planning, local governments should, in the majority of cases, be able to
ensure that the emergency works are:
•
appropriately designed and fit for the desired purpose; and
•
certified by a Registered Professional Engineer of Queensland (RPEQ) or interstate/international
equivalent, where necessary.
If removal of temporary works is undertaken, local government should ensure there is minimal adverse impact
13
on coastal resources and values.
10
Section 124 of the Coastal Act provides persons responsible for tidal works which would require an IDAS development permit have a
statutory obligation to ensure that the structure is maintained in a safe condition.
11
Note SPA establishes that emergency works which are tidal works require a development approval. This section allows other works to be
carried out without the requisite approvals in the event of an emergency endangering the life and health of a person or the structural safety
of a building.
12
Refer to s. 585 of SPA.
13
Coastal resources—the natural (natural and physical features and processes of the coastal zone, including wildlife, soil, water, minerals
and air) and cultural (places or objects that have anthropological, archaeological, historical, scientific, spiritual, visual, sociological
significance or value, including such significance or value under Aboriginal tradition or Island custom) resources of the coastal zone.
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Approval requirements for local government works in coastal management district
Where possible, local governments, in consultation with EHP, should undertake forward planning to limit the
need for emergency works through identifying and managing potential risks. Forward planning could involve:
(a) preparation of a shoreline erosion management plan to identify areas at risk from short-term (storm
related) coastal erosion; then
(b) development of generic or site specific plans for emergency structures that are certified by a RPEQ or
interstate/international equivalent.
For example, the Gold Coast City Council has an approved coastal management plan in place for boulder walls
to protect development from extreme erosion events.
Excluded works 14
SPA identifies operational work that is coastal assessable development (tidal works and works partly or
completely within a coastal management district) that is excluded from being assessable. Excluded work is
defined differently under the SP Regulation depending on where within the regulation it is being referenced. For
schedule 3, part 1, table 4, item 5, excluded works means maintenance work on a lawful work.
For tidal works, it means in addition to maintenance work on a lawful work, carrying out alterations to existing
lawful boat ramps, bridges, pontoons, slipways, wharves and jetties other than alternations—
(a) creating roofed structures, including sheds and gazebos; or
(b) that change the footprint of the existing structures; or
(c) to the dimensions or structural capacity of the existing structures; or
(d) that may affect safe navigable access to or from tidal water or to or from properties adjoining tidal water,
including alterations to clearance heights or lighting.
15
It can also mean work for which an exemption certificate under the Coastal Act has been issued. For specific
information, refer to the SP Regulation definition.
Examples of maintenance work on a lawful work (i.e. maintaining work in accordance with the development
approval) include:
•
replacing a structural element of an approved structure (e.g. jetty or pontoon, weir, community facility on
State coastal land) in accordance with the approved plan
•
replacing displaced material (e.g. rocks, soil, etc) from an approved structure (e.g. rockwall, bundwall,
seawall); and
•
re-surfacing an existing approved structure (e.g. boat ramp) in accordance with the approved plan.
EHP’s operational policy on Operational work on State coastal land provides guidance on what development is
appropriate on State coastal land above the high water mark to achieve the coastal management outcomes.
Examples of minor works on State coastal land above the high water mark and outside of coastal resources
include:
• revegetation or vegetation maintenance works and associated fencing, irrigation/sprinkler system or
weed control consistent with maintaining frontal dune vegetation (e.g. native vegetation, grassed areas)
14
•
open fencing or bollards for vehicle and pedestrian control
•
protective dune fences
Refer to schedule 26 of the SP Regulation for definition of ‘excluded work’.
15
Refer to ss. 120A to 120C of the Coastal Act for details on exemption certificates. Note EHP cannot provide an exemption certificate after
1 July 2013 as the chief executive administering the Coastal Act will no longer be an assessment manager or concurrence agency for
development applications, under SPA can therefore can no longer make decisions under this part (refer to s 103).
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2
•
structures with a footprint of less than 5m (e.g. benches/seats, showers, rubbish bins, signs, picnic
shelters, playground equipment, etc), which are considered reversible or expendable and will not be
protected from the threat of coastal erosion, and are consistent with the declared purpose of the tenure
and coastal management intent for the land
•
pathway or track maintenance and re-profiling where the surface level has changed
•
dune scarp slope reduction for public safety
•
locally relocating accumulated sand from around approved structures (stormwater infrastructure, boat
ramps)
•
excavation (and replacement) of material for repair or maintenance of existing approved development,
3
where the quantity of material moved is less than 50m
•
removal of contaminated material , rubble or obsolete or damaged structures (e.g. storm-damaged
fence or picnic shelter)
•
burial of marine animal carcasses or Lyngbya
•
temporary or relocatable structures within an erosion prone area (e.g. temporary event grandstands,
lifesavers’ huts/towers, swimming net enclosure infrastructure); and
•
open drains less than 1m deep and having a cross-sectional area of less than 2.5m constructed into the
bank of a tidal watercourse that is State coastal land but is not a coastal dune.
16
2
On freehold/leasehold land above high water mark, coastal sand dunes are important to the maintenance of a
coastal erosion buffer. EHP’s operational policy on Removing or interfering with coastal dunes in an erosion
prone area on land other than State coastal land provides guidance on where EHP considers coastal
management outcomes can be achieved and what is minor works. Also, refer to EHP’s guideline on Excluded
works for examples of minor works.
Examples of work for which an exemption certificate may be issued after application include:
•
structures and buildings that are part of a local government program of works for community benefit on
State coastal land landward of an existing significant approved erosion protection structure (e.g.
rock/boulder or concrete wall) or constructed sealed road and associated maintenance corridor; and
•
local government programs for regular beach scraping consistent with a management plan. However if
the beach scraping is tidal works (occurs below mean high water springs tidal level), it could not be dealt
with via an exemption certificate.
More information on excluded works can be found in EHP’s guidelines on Excluded works and Exemption
certificates under the Coastal Act.
Assessment fees
DSDIP requires an assessment fee when considering IDAS applications as an assessment manager or referral
agency for development applications. These fees are set out in the SP Regulation.
Assessment fees for proposals involving operational works are based on the value of the completed works. The
value of the completed works only refers to the component of the works that is assessed for coastal protection
purposes. For example, for a new toilet block where the assessable operational work is ‘interfering with quarry
material’ the value of the completed works is calculated on the cost of the excavation or moving of earth, soil,
etc, not the eventual built structure, the toilet block. However for a tidal work (e.g. jetty or pontoon) the value of
the completed works is calculated on the cost of completing the whole tidal work, as that is the works that
DSDIP assesses.
16
There may be requirements under IDAS and/or the Environmental Protection Act 1994 or the Workplace Health and
Safety Act 1995.
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Approval requirements for local government works in coastal management district
Further information
The Coastal Act and other legislation may be accessed from the Office of the Queensland Parliamentary
Counsel’s website at www.legislation.qld.gov.au.
The DSDIP and EHP websites contains a number of information sheets and guidelines (including those referred
to in this guideline) relating to approvals assessed under the Coastal Act.
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
1 July 2013
Signature
Date
Acting Director, Environmental Planning
Department of Environment and Heritage
Protection
Enquiries:
Department of State Development,
Infrastructure and Planning
Ph: 13 QGOV (13 74 68)
Fax: (07) 3224 4683
Email: sara@dsdip.qld.gov.au
Department of Environment and Heritage
ProtectionPermit and Licence Management
Ph: 1300 130 372
Fax: (07) 3330 5875
Email: palm@ehp.qld.gov.au
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