Coastal development
- Development rights
- More information on assessing coastal development
- More information on development approvals
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.
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.
The Sustainable Planning Regulation 2009 (Schedule 3) establishes the types of coastal development assessable against the Coastal Act and its subordinate instruments; specifically the Queensland Coastal Plan (which incorporates State Planning Policy 3/11: Coastal Protection). The department has published a series of guidelines for coastal development types made assessable under the regulations.
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. Assessment is made against the State planning policy component of the coastal plan (SPP3/11).
Councils are responsible for assessing development in the coastal zone generally. Their assessments are made against the State planning policy component of the coastal plan (SPP3/11) until this is adequately reflected in their planning scheme.
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 Sustainable Planning Act.
An application for development must include either a land owner’s consent, or in the case of State land (including intertidal and sub-tidal land), evidence of a resource entitlement for the development. In deciding whether to provide this entitlement, the department must consider the possible coastal management impacts. 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.
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
- Building ponded pastures
- 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.
More information on assessing coastal development
- Buildings seaward of a coastal building line
- Coastal management districts
- Excluded work
- Exemption certificates under the Coastal Act
- Erosion prone areas.
More information on development approvals
Last updated 10 May 2012