23 July 2007
Key Points:
A new Policy seeks to maintain the long-term availability of major extractive resources by protecting these resources and their main transport routes from incompatible land uses.
Incompatible development within areas identified as key resource areas will be excluded as of September 2007, providing increased protection and secured viability of the extractive industry in some parts of Queensland.
The new State Planning Policy and Supporting Guideline, which was adopted under the Integrated Planning Act 1999 (Qld) on 8 June 2007 and will take effect from September 2007, will have positive ramifications for developers, miners and associated entities who seek approval for extractive activities within a key resource area.
Purpose of the Policy
State Planning Policies ("SPP") in Queensland set out the State Government's interest in development-related economic, social, or environmental issues that can be implemented through planning schemes and development assessment.
The purpose of State Planning Policy 2/07 Protection of Extractive Resources is to identify those extractive resources of State or regional significance where extractive industry development is appropriate, and protect those resources from developments that might prevent or severely constrain current or future extraction when the need for the resource arises.
The Policy applies to all development that is located within a key resource area and also extends to operational works associated with the making or upgrading of vehicular access to the transport route. It does not affect areas outside of the designated key resource areas and does not apply to domestic activity including the use of premises for a residential purpose.
What is an extractive resource?
Extractive resources are deposits of sand, gravel, quarry rock, clay and soil. They are essential to the State and the community as the primary raw materials for construction and development.
Extractive resources need to be accessed where they naturally occur and also be located in close proximity to their markets. Often, this results in conflict between extractive industry and other, incompatible land uses, such as residential uses. Encroachment by incompatible development can restrict or prevent extraction, processing and transportation of the extractive resource to market.
To be included in an SPP, an extractive resource is assessed for size, production capability, market, scarcity of the commodity and specialised need such as strategic infrastructure development. This information will determine whether the resource is likely to warrant consideration as a key resource area.
What is a key resource area?
Major extractive resources identified in the Policy are referred to as Key Resource Areas. These have three elements: a processing area, a separation area and an associated transport route (including a transport route separation area) where such a link is needed from the processing area to a major road or railway.
The separation area identifies the area that may be affected by the residual impacts of existing or future extractive operations and also provides a buffer between those operations and any incompatible uses around the separation area.
The Policy seeks to ensure that development within a processing area, the separation area and the associated transport route are compatible with existing or future extractive industry.
Exemptions
The Policy details some acceptable circumstances for development not achieving the Policy outcome. Where the development is considered a "development commitment" it does not have to satisfy the requirements of the Policy. A development commitment means a development that is the subject of a current development approval, or a material change of use or reconfiguration of a lot that is clearly consistent with the relevant zone in the planning scheme and, if applicable, the regulatory provisions of the South East Queensland Regional Plan.
Additionally, it is also acceptable for development to circumvent the Policy outcome where a material change of use provides an overriding benefit to the State or regional community in social, economic or ecological terms that outweighs the community benefit of maintaining the long-term availability of the extractive resource, and the resource cannot reasonably be located elsewhere.
Implications of the Policy
The primary outcome of the Policy is that it will influence land use planning and development decisions within key resource areas. Specifically, it will assist in shaping planning schemes of local governments with designated key resource areas located within their local areas by restricting some types of development and avoiding increased density within these areas.
Although the Policy supports the principles of extractive industry development in a processing area and identifies appropriate transport routes, development applications for new extractive industry operations in a key resource area will still be subject to the normal assessment process under the Integrated Planning Act. Subsequently, the Policy does not guarantee that a development application for extractive industry in a key resource area will be approved, but it can be used to protect these areas from future incompatible development.
Generally, the Policy seeks to maintain the long-term availability of major extractive resources by protecting these resources and their main transport routes from incompatible land uses. This is a proactive step in managing the viability of the extractive industry in designated key resource areas in Queensland.
Thanks to Cheriden Farthing for her help in writing this article.
For further information, please contact Karen Trainor.
