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.

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

Release of water from Coal Mines

Release of water from Coal Mines

Last week in Parliament, the question of excess floodwater in the coalmines in Central Qld, was raised.  In the last financial year, the Qld’s income from coal royalties was down considerably to what otherwise could have been expected.

Coal mining in Qld was severely affected by the 2010-2011 wet season and the flooding that occurred.

The Qld Government has been in negotiations with a whole range of stakeholders.  The Treasurer has announced the formation of the Resources Cabinet Committee to look at a whole range of issues that are affecting the resources industry in Qld including the release of contaminated water.

The Qld Premier stated that he has not been involved in discussions on the release of contaminated water from mines.  The Premier told Parliament that he had yet to receive a briefing; if there have indeed been detailed discussions with mining companies.

The Preimer assured Parliament that the Qld Government will not do anything to in any way degrade the feed water coming down the Fitzroy for their water supply.

The Premier went on to say that there is an important issue here that needs to be dealt with. For a long time there has been water in pits, and it is affecting jobs.  The floods of almost two years ago really have hampered production, because the large open-cut pits have filled with water.  The Qld Government is working with the mining industry and stakeholders to actually find those solutions.

Newman Nukes

I am not opposed to uranium mining or nuclear energy.

It does seem gross hypocrisy to assure the ACF that one has no plans to approve uranium mining and then announce plans just a few days later.

This morning a Cereal Box caller on 612 Brisbane radio, pointed out that:

• Julia Gillard had been vilified for introducing a carbon tax;
• Anna Bligh was vilified for asset sales.
• Will Campbell Newman be vilified for recommencing Uranium Mining?

Qld to Recommence Uranium Mining

The Qld State Government has announced it will convene a three-member implementation committee to oversee the recommencement of uranium mining in Qld.

The Australian Conservation Foundation says it received a letter from Premier Campbell Newman just days prior to this announcement that stated the Qld Government had no plans to approve uranium mining.

Minister for Natural Resources and Mines Andrew Cripps said with Qld’s known uranium deposits worth an estimated $10 billion, the industry has enormous potential to support economic growth, particularly in regional North Queensland.

Minister Cripps said the State Government would not consider nuclear energy production or nuclear waste disposal plants in Qld as part of the recommencement of uranium mining.

The committee will report to the State Government within three months.

Budget, Fast-tracking Development, Land Clearing

Budget

 

This week’s budget formalises the merger of key water entities in South-East Queensland and formalises the end of the Queensland Water Commission.

The Qld State Government has shut down most of Queensland’s climate and Environment initiatives arguing that the Federal Government’s carbon pricing scheme is duplicating this action. .

In Environment and Heritage Protection the State Government has cut around $20m in funding including two large solar energy generation projects.  $12m has been diverted into the Everyone’s Environment grants program.

Minister Powell say the Qld Government is refocusing his department’s core purpose to be a strong environmental regulator facilitating appropriate, sustainable development while also being a protector of Queensland’s heritage.

The Qld State Government aims to be fiscally prudent, pro-environment and pro-business believing that that these elements are not mutually exclusive.

Environmental Protection Regulation Amendment Project

On Friday 24 August 2012, the Temporary State Planning Policy 2/12 Planning for Prosperity (TSPP 2/12) came into effect.

This is the new Government’s first State Planning Policy. The TSPP 2/12 has been introduced as the pre-cursor to a single State Planning Policy that will combine 14 existing State Planning Policies into one.

The new policy is, indeed, concise – only 7 pages long - but its reach appears quite long. The policy’s Preamble explains that it must be reflected in relevant State and local government decision making.

The Queensland Government is fast-tracking development for it four pillars:

• agriculture
• tourism
• mining/resource extraction
• Construction.  

The TSPP 2/12 then sets forth broad objectives for each industry.

However, the policies do not apply to a local government's assessment of development applications.

TSPP 2/12 requires referral agencies (but not local government assessment managers) to apply the policy at the decision- making stage of assessment, with the aim of protecting land uses and reducing incompatible uses.

While TSPP 2/12’s policies do not apply to the assessment of a development application or assessment of a master plan (TSPP 2/12, ss 1.3.1 and 1.3.2), conflicts with such planning instruments are to be resolved by giving additional weight to:

·       agricultural uses in areas zoned for agricultural uses

·        urban uses in areas zoned for urban uses

·        tourist development shown to be complementary to an area’s environmental, scenic and cultural values

·       mineral and extractive resources development shown to be complementary to an area’s primary intended land use. (TSPP 2/12 s 2.3).

The policy indicates that the Government will facilitate and removal of some costs to development. The policy aims to 'speed not impede' development, allowing developers to maximise the economic potential of projects.

More specifically, TSPP 2/12 applies to the full range of circumstances set out in the Sustainable Planning Act 2009, including a referral agency’s assessment of a development application (TSPP2/12 s 1.3).

In addition, TSPP 2/12 is to be applied in the making or amending of regional plans or local plans, as well as in designations of land for community infrastructure (ss 1.4, 2.1 – 2.3).

A copy of TSPP 2/12 is available at: the Department of State Development and Infrastructure Planning website.

Vegetation Management

Minister for Natural Resources and Mines Andrew Cripps announced a strategy that will aim to streamline vegetation management across Queensland.

The management of vegetation is currently regulated by several Acts of Parliament, including:

·         Sustainable Planning Act 2009

·         Vegetation Management Act 1999

·         Nature Conservation Act 1992.

Each Act has a different function and any person proposing to clear vegetation may need approvals under one or more legislation depending upon the geographic area, tenure of the land, whether or not the ecosystem is identified as remnant ecosystem, or if the activity involves rare or threatened plants.

Mr Cripps plans to make reforms to the Vegetation Management Act and underlying regulations to allow landholders to:

• Undertake routine management activities such as vegetation thinning, weed control, fodder harvesting and clearing of vegetation encroachment in accordance with self –assessable codes and without the need to regularly apply for permits;

• Receive exemptions for vegetation management activities undertaken to allow for environmental works, and as part of clean-up operations following natural disasters.

In addition, the Department of Natural Resources and Mines will work with local Natural Resource Management and other groups to create practical Area Management Plans (AMPs).