Coastal development
Development within the coastal zone is regulated under the Sustainable Planning Act 2009, with the Coastal Protection and Management Act 1995 (Coastal Act) providing the legislative head of power. The Integrated Development Assessment System (IDAS) of the Sustainable Planning Act provides the statutory process for development applications to be made, assessed and decided.
The Coastal Protection State Planning Regulatory Provision—the SPRP—is the primary instrument used by local government and the department for assessing development in the coastal zone and the coastal management district. It suspended the operation of the Queensland Coastal Plan – State Planning Policy for Coastal Protection (SPP 3/11) in October 2012.
The Queensland Coastal Plan – State Policy for Coastal Management remains in operation.
It is intended that the SPRP will be replaced by the single State planning policy (single SPP) during 2013. A draft single SPP has been released by the Deputy Premier and Minister for State Development, Infrastructure and Planning for public consultation. The draft single SPP includes policies articulating the state's interests in planning and development including revised coastal SPP 3/11 policies. Further information about the SPRP or draft single SPP is available from the Department of State Development, Infrastructure and Planning.
The Sustainable Planning Regulation 2009 (Schedule 3) establishes the types of coastal development assessable under the Coastal Act. Development triggered for assessment is assessed against the SPRP. The department has published a series of guidelines for coastal development types made assessable under the regulations.
Development within the coastal zone is regulated to avoid immediate or future impacts on coastal resources. Inappropriate development can lead to costly and often undesirable property protection works, such as seawalls. This work often damages beaches and causes an adverse impact on the ecological, recreational and scenic values of public land.
It should be noted that applications for the allocation of quarry material from sub-tidal land is a State natural resource matter and not administered under IDAS. Such applications are made to—and decided by—the department under the Coastal Act.
The department is responsible for assessing applications as a concurrence agency, or alternate assessment manager, for coastal development proposals only within the coastal management district. Councils are responsible for assessing development in the coastal zone generally. Both the department and councils assess development in the coastal zone against the SPRP.
Development defined as prescribed tidal works is also assessed against the Prescribed Coastal Works Code. Prescribed tidal works are generally tidal works undertaken in a tidal area for a local government. Schedule 4A of the Coastal Protection and Management Regulations 2003 contains the Prescribed Tidal Works Code. A tidal area for a local government is defined in Schedule 3 of the Planning Act.
An application for development below high water mark must include land owner’s consent. In deciding whether the State will provide owner’s consent for development on state tidal land, the department will consider the possible coastal management impacts of what is proposed. The Coastal Act defines ‘coastal management’ as including the protection, conservation, rehabilitation, management of the coastal zone and coastal resources; and the ecologically sustainable development of the coastal zone.
Further information
Development rights
Existing development rights on land can be increased through subdividing (reconfiguring a lot) or rezoning (material change of use). Development proponents seeking to increase their development rights in the coastal zone or construct building works in certain coastal areas must demonstrate how their proposals will not adversely impact on coastal resources.
For specific information on each activity, access the links below:
- Beach and dune works
- Buildings seaward of a coastal building line
- Canals and artificial waterways
- Dredging, extraction and spoil disposal
- Material change of use of premises
- Reclamation
- Reconfiguring a lot.
Assessing coastal development
- Buildings seaward of a coastal building line
- Coastal management districts
- Excluded work
- Exemption certificates under the Coastal Act
- Erosion prone areas.