Part 1 - Bundaberg Regional Council

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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
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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
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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
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