27 June 2007
Key Points:
Under the changes, project proponents can apply to the Minister to carry on development activities in a declared wild river area as long as it doesn't have an overall adverse impact on the river's natural values.
The Wild Rivers Act 2005 (Qld) has the objective of preserving Queensland wild rivers by establishing a process for the declaration of wild rivers and prohibiting the carrying out of prescribed activities within these declared wild river areas. Recent amendments to the Act allow certain developments to occur if the Minister provides his or her consent to that development. In providing consent, the Minister must be satisfied that the development does not have an overall adverse impact on the natural values of the wild river.
What constitutes an adverse impact is likely to be a matter of fact and degree in each circumstance. It appears possible, however, that certain development activities, including mining, which previously could not occur in declared wild river areas may now be possible provided that the developer can demonstrate that the proposed development will not adversely impact the wild river area.
Development in declared wild river areas
A person who proposes to carry out activities on, or take natural resources (which includes water and minerals) from land (including by way of a mineral development licence or a mining lease within a wild river area), which would ordinarily be activities prohibited under a wild river declaration, may now submit a Property Development Plan for approval by the Minister.
The Plan will be assessed by an independent panel of experts. Following the assessment, the Minister will make a determination in relation to the proposed development taking into consideration the assessment made by the panel and the overall adverse impact on the natural values of the wild river to which the Plan applies. The Minister must be satisfied that the environmental benefits of the plan justify the approval of the Plan.
If the Minister approves the Property Development Plan, the applicable wild rivers declaration will be amended to allow the activities contemplated by the property development plan.
The Act notes that an approval of a Property Development Plan is not in itself a development approval. A proposed development must still comply with the usual development assessment process relevant to that development.
Other amendments
The amending legislation also introduces several other amendments, most notably in relation to previously declared wild river areas and in relation to the Wild Rivers Code.
Existing declared wild river areas
The amendments remove any doubt as to the earlier creation of several wild river areas by declaring the first six wild river areas being the Fraser Wild River, the Gregory Wild River, the Hinchinbrook Wild River, the Morning Inlet Wild River, the Settlement Wild River and the Staaten Wild River. It also allows other rivers to be declared as wild rivers at a later date. The amendments validate each public notice previously issued in relation to these six declared wild rivers.
The Wild Rivers Code
The amending legislation declares the Wild Rivers Code made by the Minister on 30 January 2007 to be a development code for the purposes of the Wild Rivers Act.
The Wild Rivers Code outlines the criteria to be applied by a responsible entity in assessing a development application in a wild river area which may impact on the natural values of that river system. The Code applies to several development activities which include commercial and industrial developments, works for taking or interfering with overland flow, waterway barrier works, extraction of quarry material from the river and native vegetation clearing, amongst others. The Code provides a range of required outcomes for each development activity with the aim of preserving the natural values of the wild river area.
Summary
The declaration of a wild river area is no longer necessarily fatal to certain project developments in that area. The amendments to the Act recognises that some developments have an overall neutral effect on declared wild river areas and therefore allows such development to occur after a rigorous assessment process.
For further information, please contact Stuart MacGregor.
