State Planning Policy: Coastal Protection

State Planning Policy: Coastal Protection

Last week’s blog post examined the Newman Government’s legislative amendments to the Sustainable Planning Act 2009 (SPA).

The Qld Government has demonstrated commitment to “fast tracking” the processing of development applications.

State planning policies were planning instruments; under the previous Government that former Minister Stirling Hinchliffe (or any minister in conjunction with the planning minister) would make to protect things that are of interest to the State.

When local councils were developing their local planning scheme, they were required to ensure that the planning scheme reflects the elements outlined in a state planning policy. If there was a discrepancy between a local planning scheme and a state planning policy, then what was outlined in the state planning policy overrode the planning scheme.

The Newman Government is now establishing a new approach to state planning policies. The new approach means that one single state planning policy will be developed to replace the various current state planning policies in existence.

One of these policies being replaced is the State Planning Policy 3/11: Coastal Protection (the SPP), which was one of the last initiatives of the previous Bligh Government, prior to the State Election in March 2012.  It was the intention of the previous Government to establish a Qld Coastal Plan as part of the the state’s policies in relation to matters of state interest relating to coastal protection.

The Newman Government believes that the applications of the SPP policies are in conflict with the Qld Government’s agenda to fast track development (and to grow the four pillars of Queensland’s economy). 

Deputy Premier Jeff Seeney said that the World Wildlife Fund and the Wilderness Society were being deliberately alarmist in their claims about changes to the Qld Coastal Plan. 

A draft State Planning Regulatory Provision (SPRP) was introduced by the Newman Government in October 2012.

The Department of State Development and Infrastructure Planning is working with the Department of Environment and Heritage Protection and various stakeholders to review the Queensland Coastal Plan. Mr Seeney said the draft SPRP would be in effect for 12 months while a new Single State Planning Policy was prepared. 

“We gave a clear commitment in our Property and Construction Strategy during the election campaign that we would revisit the Bligh Government’s last minute changes to the coastal plan and that we would reform the entire planning regime in Queensland,” Mr Seeney said.  He went on to say that:  “Claims that the draft SPRP lowers environmental protections are nothing more than the usual baseless, sensational rantings of radical green groups which will do or say anything to further their aims.” 

The current situation for applications is as follows:

The State Planning Regulatory Provision (SPRP)  will apply to the assessment of development applications and master plan applications that are properly made when this Coastal Protection Draft State Planning Regulatory Provision (the Draft SPRP) commences.  The provisions set out in this draft SPRP are based on the state coastal management plan policies that were in place before the introduction of the State Planning Policy 3/11: Coastal Protection (the SPP),. This draft SPRP will apply while the full review of the Queensland Coastal Plan is undertaken.

The final State Planning Policy will set out policies about matters of state interest that are to be dealt with through the planning and development assessment system.

The Department of State Development and Infrastructure Planning are seeking feedback in respect of the document entitled 'Draft Proposed State Interests – Part 1 of the State Planning Policy' which is currently released for consultation during November 2012.

The consultation document is Part 1 in the development of the State Planning Policy.

During the current consultation phase one is invited to comment on the state interests presented in the document and repeated in the feedback form.

The draft State Planning Policy and associated supporting material needed to implement the state interests will then be available for formal public consultation starting in early 2013.

All feedback received will be reviewed and directly inform the drafting of the new State Planning Policy.

For written and email submissions, please use the contact details and form listed on the DSDIP website.
      

 Feedback form
Use this form to send your response to DSDIP in the post or via email.

·         Draft Proposed State Interests – Part 1 of the State Planning Policy

·          

EPBC

By agreement through COAG, the Australian Federal Government will hand back its powers to approve mining projects and developments that affect matters of national environmental significance to state and territory governments by March next year. These matters include threatened species and World Heritage.

The Federal Government's plans have created so much alarm that last week Sir David Attenborough and Dr Bob Brown joined 31 other prominent naturalists in urging the Prime Minister not to undermine environment protection in Australia and delegate  our responsibilities for the environment to the states.

Bad mother's club

Today I joined the Bad Mother's Club.

I sent my 3 year old to day care in her pajamas.

We were packed up and ready to go about 7:30.  I had the lunches made, bags packed and I was was dressed and ready for work.  My beloved had started a "early" shift, as a Midwife at a local maternity hospital.

I had my one year old on my back in a baby backpack and we were ready to go.

At this point, my 3 year old went into melt down.  She insisted she did not want to go to day care today.  She lamented that she had a sore finger.  She said she was tired. So she put herself back to bed.

I set the one year old down to play on the floor.  I logged on to work via web mail and started my working day.

Then I collected my one year old and loaded her back onto my back.  I collected my three year old.  She was wearing a tshirt and a pair of white draw string short with fish motives all over them (aka her "fishy pants") that she had worn to bed last night.

So off we went, with my three year old in her pajamas.

My beloved had plaited her hair (about 2 hours earlier) but after a melt down and a return to bed, her hair was looking a little ruffled.

I am a bad mother?

During the week, I had been discussing being a "bad mother" with my beloved.  Someone we know had been busted by the police for leaving her children locked in her car, while she ran into the pet food shop to collect a bag of dog food.  The windows were down a little. The car was not running. The car was cool.  The car was in her line of sight......but someone had called the cops.

Now, I don't think this women is actually a bad mother.  However, I am glad there are people out there, who would dob in someone for leaving the kids in the car.  I am the glad the police would respond to such a call.  I am glad I live in a society where people care enough to dob in so-called "bad mothers".

However, in this case, it was not like she had left the kids in the car park of the local club, while she played the pokies.

Everyday as a parent, I face challenges.  I face self doubt.

I think it is important to talk about parenting. Share our experiences. Share our failures and our successes. Refine our strategies.

Ella Bay and Planning Legislation

Ella Bay and Planning Legislation

The Qld Government is committed to “fast tracking” the processing of development applications.

Qld’s biggest-ever tourism development - a $1.4 billion integrated tourism and residential community at Ella Bay, near Innisfail in far north Queensland - has recently been approved by the Qld Government.

The approval of this project was made possible through changes which will be implemented through legislative amendments to the Sustainable Planning Act 2009 (SPA).

The EIS process for Ella Bay began in 2005. The current Coordinator-General brought it to a conclusion over the last seven months. The Sustainable Planning and Other Legislation Amendment Bill 2012 was passed by Parliament on 13 November 2012.

The Bill enables the Qld Government to fast track development by:

§ improving the coordination and responsiveness of state government in dealing with particular development applications (proposing development within or partially within state jurisdiction);

§ removing master planning and structure planning arrangements;

§ reducing regulatory 'red tape' for development applications involving a state resource;

§ allowing a development application where not all the mandatory supporting information has been provided;

§ providing that certain provisions within the Qld Planning Provisions also apply to local government planning schemes made under the Integrated Planning Act 1997 (repealed)

§ enabling the Planning and Environment Court to order costs in certain circumstances;

§ introducing an alternative dispute resolution process in the Planning and Environment Court for minor disputes which will enable these disputes to be resolved more quickly.

The Coordinator General has granted approval for the Ella Bay project and sent his report to the Federal Minister for Environment Tony Burke for his consideration. Federal Environment Minister Tony Burke said his assessment would be thorough in the 30 business days in which he had to make a decision.

The project proposes the creation of three resort precincts, four residential precincts, a retail village, an 18-hole golf course and a cassowary research and education centre on the site of a 450 hectare cattle property.

The tourist development would comprise 860 units and villas and the residential component 540 permanent residences. The developer has also proposed sustainability measures which include the project being totally water self-sufficient through rainwater capture and recycling, the use of renewable energy resources, with all power to be generated on-site, a number of environmental protection and management programs, and ‘green’ transport options on-site.

The Coordinator-General’s approval is subject to 38 conditions and Satori gaining all statutory State approvals, Commonwealth approval and meeting its commitments listed in the report.  The Coordinator-General’s assessment was based on the proponent’s Environmental Impact Statement (EIS) addressing key issues relating to the cassowary population, water quality and road access, including a 4 kilometre upgrade of the existing Ella Bay Road and a new 880 metre road that will bypass Flying Fish Point. The Coordinator-General’s report can be viewed at: http://www.dsdip.qld.gov.au

State Development Minister Jeff Seeney said he believed environmental concerns, particularly for cassowaries, had been taken into account.

"There is fencing to stop them crossing the road indiscriminately in areas where they might be endangered and then there will be tunnels for them so they can cross under the road in a safe manner," Mr Seeney said.

However, the developer's own report into other cassowary crossings in the region found they were not well used.

removing "ecologically sustainable" from ESD

The Queensland Government is committed to more effective and efficient processing of development applications. 

These changes will be implemented through legislative amendments to the Sustainable Planning Act 2009 (SPA).

Read more about the Sustainable Planning Act 2009

The Sustainable Planning and Other Legislation Amendment Bill 2012

The Sustainable Planning and Other Legislation Amendment Bill 2012 was passed by Parliament on 13 November 2012.

At planning reform forums in May to July 2012, local governments, the development industry and environmental sector representatives identified that a number of concepts and processes within Queensland's planning and development system could be improved. This information is being used to identify priorities for change over the next 6 to 24 months.

The Bill seeks to achieve planning reform by:

• improving the coordination and responsiveness of state government in dealing with particular development applications (proposing development within or partially within state jurisdiction)
• removing ineffective master planning and structure planning arrangements
• reducing regulatory 'red tape' for development applications involving a state resource
• providing some flexibility to accept a development application where not all the mandatory supporting information has been provided
• providing that certain provisions within the Queensland Planning Provisions also apply to local government planning schemes made under the Integrated Planning Act 1997 (repealed)
• enabling the Planning and Environment Court to order costs in certain circumstances
• introducing an alternative dispute resolution process in the Planning and Environment Court for minor disputes which will enable these disputes to be resolved more quickly.

State planning policies

The Queensland Government is establishing a new approach to state planning policies that simplifies and clarifies the state's interests. The new approach means that one single state planning policy will be developed to replace the various current state planning policies in existence.

A reminder for Ros Bates

Prompted by comments by Henry Palaszczuk on twitter, I thought it might be prudent to remind Ros Bates of the Charter of Ministerial Responsibilities that was kindly provided by Premier Newman.....

10 April 2012

The Honourable Ros Bates MP

Minister for Science, Information Technology, Innovation and the Arts

Level 5, Executive Building

100 George Street

BRISBANE QLD 4000

Dear Minister

Ministerial Deliverables

Congratulations on your success in the electorate of Mudgeeraba and thank you for accepting my invitation to serve Queensland as the Minister for Science, Information Technology, Innovation and the Arts.                       

Our electoral success was achieved with a strong cohesive CanDo team committed to real change, and your contribution to the team played a significant part.  Queenslanders have voted for change, and it is critical that we respect the trust bestowed on us by delivering on our commitments to grow a four pillar economy, lower the cost of living by cutting waste, deliver better infrastructure and better planning, revitalise front line services for families, restore accountability in Government and work towards our goal of achieving 4% unemployment in six years.

For this reason, I am writing to each Minister outlining my expectations of the priority tasks to be achieved to deliver on our election commitments.   You and your Department have a vital role to play in the reform program, as reflected in the following tasks for which I am requesting you to take responsibility. 

I expect that at all times Ministers will demonstrate to the public the capabilities and behaviours that will define us as the Government we undertook to be – united, energetic, disciplined and ethical. I refer you to the Queensland Cabinet Handbook, the Queensland Ministerial Handbook, the Queensland Executive Council Handbook, the Queensland Parliamentary Procedures Handbook and the Queensland Legislation Handbook.

First Term Tasks

·         Implement all LNP election policy commitments relevant to your portfolio.

·         Identify wasteful expenditure that could be redirected to front line services.

·         Ensure a consistent approach to IT systems and applications across Government to enable effective and efficient delivery of front line services.

·         Audit current IT systems, applications and support services being used by all State Government agencies including how they enable effective and efficient delivery of front line services, limitations, faults and risks; and implement a strategy to ensure continued use of endorsed systems and applications for the next three years without failure; and specifically: 

-          Ensure that further operating losses are not incurred relating to the Centre for Information Technology and Communication (CITEC);

-          Support the Minister for Health in resolving the Health payroll debacle.

-          Decide if migrating to managed services would be the best solution for 13 Queensland Government agencies currently receiving assistance through CITEC;

-          Review the benefits management plan for both Identity, Directory and Email Services (IDES) and ICTC outlining performance measures, agency migration plans, estimated migration costs, savings and benefits.

-          Define timelines for (IDES) to ensure there are no further delays in this program.

-          Liaise with the Health Minister in relation to the IeMR server contract signed before the 2012 caretaker period.

·         Deliver the LNP’s election policy Science and Innovation for Economic Success, in consultation with Ministerial colleagues.

·         Oversee policy development for the Digital Economy.

·         Provide direction and policy development regarding the Queensland Government Chief Information Officer (CIO). Your priority will be to bring to Cabinet your recommendations for future roles of the CIO, including consideration of the CIO’s role and activities across the whole of government.

·         Establish mechanisms for research and development coordination and planning and innovation across sectors involving government agencies, universities and industry, including international collaborations, to improve Queensland’s economic performance with more effective and efficient services.

·         Deliver the LNP’s election policy Arts for all Queenslanders.

·         Establish a Super Star Fund to promote our growing performing arts industry which organisations can apply for, to develop a major local production featuring an internationally known artist or artists.

·         Establish a Regional Arts Fund to extend the reach of current touring programs and to ensure that major State companies such as the Queensland Theatre Company, the Queensland Ballet, the Queensland Symphony Orchestra and Opera Queensland are supported in their goal of touring high quality arts experiences annually to regional Queensland.

·         Develop and implement a strategy for the growth of the arts sector in Queensland including a commercially oriented approach to artistic events and performances and facilities to have wide impact for Queensland communities.

·         Foster a ‘community of arts’ across Queensland involving artists and performers, for profit and not for profit organisations and community organisations and teaching institutions to contribute to the growth of the arts sector.

·         Implement the LNP’s election commitment for sustainable public sector growth.

·         Implement the LNP’s election commitment to reduce red tape.

·         Continue to establish effective working relationships with stakeholders and other interest groups relevant to your portfolio areas.

Existing government strategies and programs

In addition, there are existing strategies and programs implemented by previous governments which need to be examined.  Such strategies and programs need to be assessed to decide if and how they might be retained, either in their existing or an altered form.  You are to assess and make recommendations on the Smart State Strategy.    

Could you please consult with your Director-General to ensure these goals are understood by the Department and that systems are in place to monitor and report on progress towards their achievement, so that you are able to update Cabinet regularly. In this regard, the Department of Premier and Cabinet will be responsible for coordinating reports to Cabinet on progress, and will assist your Department with proposed reporting formats. 

I intend to review this charter and your efforts to implement it regularly.

Finally, I congratulate you again on your appointment and I look forward to working closely with you as a Ministerial colleague as we implement our policies and achieve the goal of providing a CanDo Government to get Queensland back on track.

Yours sincerely

CAMPBELL NEWMAN

PREMIER OF QUEENSLAND

and then a Supplementary letter......

16 April 2012

The Honourable Ros Bates MP

Minister for Science, Information Technology, Innovation and the Arts

Level 5, Executive Building

100 George Street

BRISBANE QLD 4000

Dear Minister

Ministerial Deliverables

Further to my letter of 10 April 2012, I write to clarify certain issues regarding your role and responsibilities as a Minister in my LNP Government.

As you are aware, the dissolution of the former Department of Environment and Resource Management (DERM) in particular, and MoG changes in other Departments have presented some issues regarding the placement and role of government scientific officers.

It is my intention that scientists from DERM and certain other Departments, and their functions, should be transferred to your Department of Science, Information Technology, Innovation and the Arts, and that the expertise and services of these scientists should be made available to other Ministers and Departments to perform specific research, projects and tasks.

Therefore, I am tasking you with establishing and maintaining a new system to provide other Ministers and Departments with appropriate access via your Department to scientific assistance to meet their various requirements.

It is my further intention that you take over responsibility for the management and administration of CorpTech, Queensland Shared Services (QSS), and Smart Services Queensland (SSQ) from the Department of Housing and Public Works as part of your Department and portfolio responsibilities.

Yours sincerely

CAMPBELL NEWMAN

PREMIER OF QUEENSLAND

cc: Hon Andrew Powell MP, Hon Andrew Cripps MP, Hon Bruce Flegg MP

reflecting on Dr Flegg's responsibilities

Before it disappears from the website, let's remind ourselves of Dr Bruce Flegg's Ministerial Charter letter from Premier Campbell Newman........

10 April 2012

The Honourable Dr Bruce Flegg MP

Minister for Housing and Public Works

Level 7, 80 George Street

BRISBANE QLD 4000

Dear Minister

Ministerial Deliverables

Congratulations on your success in the electorate of Moggill and thank you for accepting my invitation to serve Queensland as the Minister for Housing and Public Works.    

                  

Our electoral success was achieved with a strong cohesive CanDo team committed to real change, and your contribution to the team played a significant part.  Queenslanders have voted for change, and it is critical that we respect the trust bestowed on us by delivering on our commitments to grow a four pillar economy, lower the cost of living by cutting waste, deliver better infrastructure and better planning, revitalise front line services for families, restore accountability in Government and work towards our goal of achieving 4% unemployment in six years.

For this reason, I am writing to each Minister outlining my expectations of the priority tasks to be achieved to deliver on our election commitments.   You and your Department have a vital role to play in the reform program, as reflected in the following tasks for which I am requesting you to take responsibility. 

I expect that at all times Ministers will demonstrate to the public the capabilities and behaviours that will define us as the Government we undertook to be – united, energetic, disciplined and ethical. I refer you to the Queensland Cabinet Handbook, the Queensland Ministerial Handbook, the Queensland Executive Council Handbook, the Queensland Parliamentary Procedures Handbook and the Queensland Legislation Handbook.

First Term Tasks

The following tasks within your area of Ministerial responsibility are to be achieved within the first term of Government.

·         Implement all LNP election policy commitments relevant to your portfolio.

·         Identify wasteful expenditure that could be redirected to front line services.

·         Provide public housing and public works advice, projects and services as required to implement LNP election policies.

·         Ensure that all operations within the Department are targeted to enable effective and efficient delivery of frontline services and develop a plan to enable this best business practice to continue.

·         Work with the Minister for Education, Training and Employment to achieve targets set for training of apprentices and trainees as required for implementation of recommendations of the Skills and Training Taskforce.

·         Review and reform arrangements for licensing and regulation in the building industry including taking account of the 2011 KPMG review of the Building Services Authority.

·         Audit all current Departmental processes and arrangements for provision of public housing with respect to their effectiveness and efficiency in meeting public housing needs.

·         Develop and implement a broad and integrated strategy to meet the need for public housing including arrangements with the private sector and utilising Commonwealth funding to best advantage.   

·         Implement the LNP’s election commitment to cut waste by reducing travel, advertising and consultancy expenditure.

·         Implement the LNP’s election commitment for sustainable public sector growth.

·         Implement the LNP’s election commitment to reduce red tape.

·         Continue to establish effective working relationships with stakeholders and other interest groups relevant to your portfolio areas.

Could you please consult with your Director-General to ensure these goals are understood by the Department and that systems are in place to monitor and report on progress towards their achievement, so that you are able to update Cabinet regularly. In this regard, the Department of Premier and Cabinet will be responsible for coordinating reports to Cabinet on progress, and will assist your Department with proposed reporting formats. 

I intend to review this charter and your efforts to implement it regularly.

Finally, I congratulate you again on your appointment and I look forward to working closely with you as a Ministerial colleague as we implement our policies and achieve the goal of providing a CanDo Government to get Queensland back on track.

Yours sincerely

CAMPBELL NEWMAN

PREMIER OF QUEENSLAND

Vested interests - Economic Development in Qld

Changes to Queensland’s development system under the Economic Development Bill 2012

Before the last Qld State election, the LNP promised to review the Urban Land Development Authority and return planning powers to local governments. 

Since being elected in March 2012, the Qld Government has not had a great record on acting in the 'public interest'.  However, the LNP also promised to "fast track" economic development of the State.  At the same time, the LNP Government is cutting red tape and green tape.

The Deputy Premier and Minister for State Development, Infrastructure and Planning, Jeff Seeney, on the 30 October 2012, has said:

“The essential reforms to existing planning and development legislation contained in this Bill will put the government in a position to facilitate economic development and development for community purposes and to deliver our election commitments, particularly where there are identified and persistent market gaps. Our government has committed to building a four-pillar economy for Queensland. Enacting the Economic Development Bill will equip us with the legislative tools necessary to identify and drive development projects that contribute to a strong and sustainable State economy by combining the powers of the former ULDA and the former Minister for Industrial Development.”

The repeal of the Urban Land Development Authority Act 2007

The Economic Development Bill 2012:

• repeals the Urban Land Development Authority Act 2007;

• creates a new Minister for Economic Development Queensland (MEDQ);

• provides for the optional establishment of local representative committees;

• allows the functions of the MEDQ to be delegated to other entities; and 

• introduces changes to the State Development and Public Works Organisation Act 1971.

The Economic Development (ED) Bill essentially replicates all of the provisions of the ULDA Act, but the powers and functions of the Authority will reside within the machinery of the State government rather than in an independent statutory corporation. As a result, the ED Bill maintains Queensland’s bifurcated planning system, allowing for impact assessment through the Integrated Development Assessment System (IDAS) to be by-passed where it is considered that there are particular economic and community benefits to be gained from development in the area, and there would be unacceptable impacts on delivery of the development were the Sustainable Planning Act 2009 (SPA) to apply.

The ED Bill provides for local government engagement in the process for making development schemes. The consultation and submission provisions relating to proposed development schemes are similar to those in effect under the ULDA Act. The most significant difference can be seen by comparing section 97(3) of the ULDA Act with section 13(3) of the ED Bill. While the ULDA is free to act alone in performing its functions, the MEDQ “…in planning for, or developing land in, priority development areas… must consult with each relevant local government”. This consultation is mandatory.

The ED Bill amends a number of Acts including the State Development and Public Works Organisation Act 1971 (State Development Act). ‘Significant projects’ become ‘coordinated projects’ under the amendments. This is said to ensure that there is no implication that such projects have some form of State support. The criteria for determining an application for a declaration of a project as a coordinated project have been broadened and made more discretionary.

The ED Bill seeks to achieve similar outcomes as the ULDA Act, while engaging with local governments in the plan making processes for PDAs, and potentially bringing them within the decision-making framework relating to development in PDAs. The legal mechanism to achieve this involves the appointment of local government members or officers to local representative committees and delegation to those committees, their members, or to local governments

of the MEDQ’s powers and functions. The concept is obviously worthwhile, but its implementation may prove difficult unless there is a clear demarcation of lines of responsibility and separation of the laws, powers and duties under which the delegate is acting.

The amendments to the State Development Act will improve the State’s capacity to fast track projects that are economically important. However, the ability of the Coordinator-General to cancel a declaration of a coordinated project on ‘public interest’ grounds is concerning, because it is only through what are essentially public interest grounds that a project is declared in the first place.