8.2 Overlay codes 8.2.4 Biodiversity areas overlay code 8.2.4 Biodiversity areas overlay code1 2 8.2.4.1 Application This code applies to development:(a) subject to biodiversity areas identified in the SPP interactive mapping system (plan making) or on premises otherwise determined to contain areas of environmental significance; and (b) identified as requiring assessment against the Biodiversity areas overlay code by the tables of assessment in Part 5 (Tables of assessment). 8.2.4.2 (2) 1 2 The purpose of the Biodiversity areas overlay code is to ensure that:(a) areas of environmental significance are protected; (b) ecological connectivity is maintained or improved, habitat extent is maintained or enhanced and degraded areas are rehabilitated; (c) wetlands and watercourses are protected, maintained, rehabilitated and enhanced; The purpose of the code will be achieved through the following overall outcomes:(a) development conserves and enhances the Bundaberg region’s biodiversity values and associated ecosystem services; (b) development protects and establishes appropriate buffers to native vegetation and significant fauna habitat; (c) development protects known populations and supporting habitat of:- Editor’s note—biodiversity areas are identified as Matters of State Environmental Significance (MSES) in the SPP interactive mapping system (plan making) under the ‘Environment and heritage’ theme, subsection ‘Biodiversity’, and include protected areas, wildlife habitat, regulated vegetation, marine parks, declared fish habitat areas, wetlands, watercourses and associated buffer areas. Editor’s note—buffer areas for Matters of State Environmental Significance (MSES) are not identified in the SPP interactive mapping system (plan making), but are identified as areas within a specified distance from a mapped wetland or watercourse. Bundaberg Regional Council Planning Scheme 2015 Part 8 – Overlays (1) Purpose and overall outcomes Page 8-10 8.2 Overlay codes 8.2.4 Biodiversity areas overlay code (i) (ii) (d) development protects environmental values and achieves the prescribed water quality objectives for waterways and wetlands in accordance with the Environmental Protection Policy (Water) 2009; (e) development protects and enhances the ecological values and processes, physical extent and buffering of watercourses and wetlands. 8.2.4.3 Assessment criteria Table 8.2.4.3.1 Part 8 – Overlays endangered, vulnerable and near threatened flora and fauna species, as listed in the (State) Nature Conservation Act 1992, Nature Conservation (Wildlife) Regulation 2006; threatened species and ecological communities as listed in the (Commonwealth) Environment Protection and Biodiversity Conservation Act 1999; Criteria for assessable development Performance outcomes Acceptable outcomes Protection of matters of environmental significance PO1 AO1.1 Development avoids significant impacts Development is located outside of areas of on, areas of environmental significance. environmental significance and will not result in a significant impact on the relevant environmental values. Compliance / Representations AO1.1 Provide a brief illustration of how your proposal complies with the relevant Acceptable outcome or a detailed analysis how compliance is achieved with the Performance outcome. OR The development site does not contain any matters of environmental significance. OR Development is located, designed and operated to mitigate significant impacts on the relevant environmental values. Page 8-11 Bundaberg Regional Council Planning Scheme 2015 8.2 Overlay codes 8.2.4 Biodiversity areas overlay code Performance outcomes Acceptable outcomes Compliance / Representations Editor’s note—a report certified by an appropriately qualified person may be required to demonstrate:(a) that the development will not result in significant impacts on relevant environmental values; (b) that a site does not contain any matters of environmental significance, or that the extent of the area of environmental significance is different to that mapped; (c) how the proposed development mitigates impacts, including on water quality, hydrology and biological processes. OR An alternative wetland buffer is provided and maintained, the width of which is supported by an evaluation of the environmental values, functioning and threats to matters of environmental significance. AO3.2 Bundaberg Regional Council Planning Scheme 2015 AO2.1 Click and provide your representations. AO2.2 Click and provide your representations. AO3.1 Click and provide your representations. AO3.2 Click and provide your representations. Part 8 – Overlays PO2 AO2.1 Development avoids the introduction of Development avoids the introduction of non-native non-native pest species (plant or animal), pest species. that pose a risk to ecological integrity. AO2.2 The threat of existing pest species is controlled by adopting pest management practices that provide for long-term ecological integrity. Development adjacent to a wetland PO3 AO3.1 An adequate buffer to a wetland is A wetland buffer is provided and maintained which provided and maintained to assist in the has a minimum width of:maintenance of water quality, existing (a) 50m where the wetland is located within an hydrological characteristics, habitat and urban or rural residential zoned area; or visual amenity values. (b) 200m where the wetland is located outside an urban or rural residential zoned area. Page 8-12 8.2 Overlay codes 8.2.4 Biodiversity areas overlay code Performance outcomes Acceptable outcomes Compliance / Representations Development involving vegetation clearing or high impact earthworks does not occur in a wetland buffer. Part 8 – Overlays Editor’s note—high impact earthworks has the meaning given in the Sustainable Planning Regulation 2009. Improving ecological corridors and expanding habitat extent of ecological corridors PO4 AO4.1 Existing ecological corridors are protected, Where development is within a corridor, native and where possible enhanced, and have vegetation is retained, regenerated and dimensions and characteristics that will:rehabilitated. (a) effectively link habitats on and/or AO4.2 adjacent to the development site; (b) facilitate the effective movement of Development within an ecological corridor terrestrial and aquatic fauna mitigates adverse impacts on native fauna accessing and/or using the feeding, nesting, breeding and roosting sites and development site as habitat. native fauna movements, including (but not necessarily limited to):Editor’s note—ecological corridors are identified (a) ensuring that development (e.g. roads, conceptually on Strategic Framework Map SFM-004 pedestrian access, in-stream structures) (Natural environment and landscape character during both the construction and operation elements), phases does not create barriers to the movement of fauna along or within ecological corridors; (b) providing wildlife movement infrastructure where necessary and directing fauna to locations where wildlife movement infrastructure has been provided to enable fauna to safely negotiate a development area; (c) separating fauna from potential hazards (e.g. through appropriate fencing). AO4.1 Click and provide your representations. AO4.2 Click and provide your representations. Editor’s note—where an ecological corridor is required to facilitate fauna movement, access or use of on-site habitat, the dimensions and characteristics of the ecological corridor will Page 8-13 Bundaberg Regional Council Planning Scheme 2015 8.2 Overlay codes 8.2.4 Biodiversity areas overlay code Performance outcomes Acceptable outcomes need to be assessment. Impact on habitat of threatened species PO5 Development protects the habitat of endangered, vulnerable and near threatened species and local species of significance. determined Compliance / Representations by a site-specific ecological AO5.1 Development incorporates siting and design measures to protect and retain identified ecological values and underlying ecosystem processes within or adjacent to the development site. AO5.1 Click and provide your representations. AO5.2 Click and provide your representations. AO5.2 Other forms of potential human disturbance to these areas, such as presence of vehicles, pedestrian use, increased exposure to domestic animals, noise and lighting impacts, are avoided or adverse impacts sufficiently mitigated to retain critical life stage ecological processes (such as feeding, breeding or roosting). AO6.1 Click and provide your representations. AO6.2 Click and provide your representations. AO6.3 Click and provide your representations. AO6.4 Click and provide your representations. AO6.5 Cleared, degraded or disturbed watercourses and Click and provide your representations. watercourse buffer areas within the site are rehabilitated along their full length in accordance AO6.6 Click and provide your representations. Bundaberg Regional Council Planning Scheme 2015 Part 8 – Overlays Buffering and protection of watercourses PO6 AO6.1 Development:Development is not located within a watercourse (a) retains, enhances and maintains the buffer. environmental values and functioning Editor’s note—watercourse buffer distances on either side of a of watercourses; (b) provides and maintains adequate mapped watercourse are 50m in an urban or rural residential zoned area or for a stream order 1 or 2 and 100m elsewhere. vegetated buffers and setbacks to watercourses; AO6.2 (c) maintains and restores connectivity Development does not involve the removal of between aquatic habitats and access native vegetation from a watercourse or for fish along watercourse buffer. watercourses/waterways and into key habitats. AO6.3 Page 8-14 8.2 Overlay codes 8.2.4 Biodiversity areas overlay code Performance outcomes Acceptable outcomes Compliance / Representations with a detailed rehabilitation plan, approved by the Council. Note—a rehabilitation plan should include:(a) appropriate rehabilitation and restoration methods for bed/banks and in-stream and watercourse vegetation for watercourses; (b) management measures of weed species; (c) consideration of fauna habitat (including relevant international agreements such as CAMBA, JAMBA and Ramsar); (d) provision of buffers in the form of riparian vegetation and separation by way of distance between the development and the vegetated buffers; (e) proposed planting regimes (utilising species appropriate to the area); (f) proposed measures for the protection of vegetation and habitat whilst rehabilitation works are being undertaken. Part 8 – Overlays AO6.4 Site layout does not impact upon the natural drainage systems associated with the primary watercourse. AO6.5 Development is undertaken in accordance with an approved environmental management plan that protects the watercourse. AO6.6 All in-stream development works ensures that movement of fish across watercourse/waterway barriers is catered for and that lateral and longitudinal migrations can be maintained within the whole of the system. PO7 AO7 AO7 Bank stability, channel integrity and inClick and provide your representations. stream habitat is protected from Page 8-15 Bundaberg Regional Council Planning Scheme 2015 8.2 Overlay codes 8.2.4 Biodiversity areas overlay code Acceptable outcomes Compliance / Representations No direct interference or modification of watercourse channels, banks or riparian and instream habitat occurs. AO8 AO8 Existing natural flows of surface and groundwater Click and provide your representations. are not altered through channelization, redirection of interruption of flows. AO9 AO9 Development adjacent to a watercourse provides Click and provide your representations. that:(a) no new lots directly back onto the riparian area; and (b) any new roads are located between the watercourse buffer and the proposed development areas. Part 8 – Overlays Performance outcomes degradation and maintained or improved at a standard commensurate with predevelopment environmental conditions. PO8 Development ensures that the natural surface water and groundwater hydrologic regimes of watercourses and associated buffers are maintained to the greatest extent possible. PO9 Development on land adjacent to a watercourse maintains an appropriate extent of public access to watercourses and minimises edge effects. Bundaberg Regional Council Planning Scheme 2015 Page 8-16