integrated planning act 1997 - cabinet · web viewthe purpose of the draft state planning policy...

Draft State Planning Policy Healthy Waters

Guideline

© The State of Queensland (Department of Environment and Resource Management) 2009

Cover photo by permission of Shaun Leinster

Published by the Queensland Government, Ann Street, Brisbane, Qld, 4000. The Queensland Government supports and encourages the dissemination and exchange of information. However, copyright protects this document. The State of Queensland has no objection to this material being reproduced, made available online or electronically but only if it is recognised as the owner of the copyright and this material remains unaltered. Copyright enquiries about this publication should be directed to Department of Environment and Resource Management in writing to GPO Box 2454 Brisbane Qld 4001.

Copies of this publication can be obtained at www.derm.qld.gov.au

This document does not represent Queensland Government policy

978-0-9806986-3-3

September 2009

DRAFT State Planning Policy for Healthy Waters Guideline NOT GOVERNMENT POLICY

TABLE OF CONTENTS

Purpose of the draft SPP Guideline

Using the draft SPP Guideline

1. Draft Policy Outcome and Scope of the Draft Policy

Outcome sought by the draft Polic

2. Application of the Draft Policy

Draft State Planning Policy and draft SPP Guideline

Areas to which the draft Policy applies

Development to which the draft Policy applies

Development outside the scope of the draft Policy

3. Making or Amending a Planning Instrument

The draft Policy outcome and Regional Plans

Achieving the draft Policy outcome through a local planning instrument

4. Development Assessment

Achieving the draft Policy outcome through development assessment

5. Information and advice on the draft Policy

Sources of information and advice on the draft Policy

Role of stakeholders

Review of the draft Policy

Annex 1: Development Assessment CodePart A - urban stormwater Part B - waste waterPart C - non-tidal artificial waterways

Appendix 1: Best practice water quality managementAppendix 2: Information sources for best practiceAppendix 3: Water quality legislation

DRAFT State Planning Policy for Healthy Waters Guideline NOT GOVERNMENT POLICY 1

Purpose of the draft SPP Guideline

The purpose of the draft State Planning Policy Guideline (‘the draft SPP Guideline’) is to provide advice and information on interpreting and implementing the State Planning Policy x/09: Healthy Waters (‘the draft Policy’). The information contained in the SPP Guideline is not intended to be a complete technical guide to managing waterway health. The draft Policy is a statutory instrument expressing the State’s interest in protecting water environmental values and environmental health when making decisions about development.

The draft Policy declares this draft SPP Guideline to be ‘extrinsic material’1 under the Statutory Instruments Act 1992, thereby giving the SPP Guideline legal status in assisting in the interpretation of the draft Policy.

The draft Policy sets out the State interest in ensuring that water environmental values (EVs) can be protected and maintained in waterways through appropriate land use planning, assessment of development and provision of infrastructure.

The draft SPP Guideline provides:o explanatory materials for each part of the draft Policy;o links to implementation materials and more detailed guidance on sources of best practice

and technical design; ando explanatory materials on the water quality management system in Queensland.

Using the draft SPP Guideline

The draft SPP Guideline can be used by regional and local planners, development assessment managers and developers to assist in achieving the purpose of the draft Policy.

The draft SPP Guideline headings reflect the draft Policy headings and provide explanatory material to assist in applying the relevant draft Policy provisions to the Integrated Planning Act 1997 (IPA) planning and development assessment.

The appendices to the draft SPP Guideline provide introductory material on best practice water quality management, the water management related legislation in Queensland as well as detailed references for further information where required.

The following sections outline the need to protect water environmental values.

Effects of development on waterway healthSustained high urban population growth rates in Queensland have led to increasing impacts on urban stormwater quality. Urban stormwater runoff is a significant threat to achieving the water quality objectives2 (WQOs) in many Queensland urban catchments.

The draft Policy is a practical means of addressing this threat through introduction of effective planning and management of urban diffuse sources of contaminants (urban stormwater). The application of best management practices will significantly contribute to the protection of EVs and achievement of WQOs in Queensland.

1 Extrinsic material is defined in the Statutory Instruments Act 1992 as ‘relevant material not forming part of the statutory instrument or the Act under which the statutory instrument was made’.

2 The environmental values of waters relate to the water’s aquatic ecosystems, including its biota, physical form, riparian vegetation, flow and physicochemical water quality. Water quality objectives are the indicators of these components of the water’s aquatic ecosystem. See the EPP Water.


Unmanaged urban stormwater causes contaminants such as nutrients, sediment and rubbish to enter waterways. Waterway erosion can also occur through the concentration of stormwater flows entering natural waterways. Frequent stormwater flows from impervious surfaces such as roads, roofs, driveways and footpaths can harm aquatic ecosystems. The draft Policy addresses these risks using a best practice environmental management approach to planning and development assessment aimed at achieving water quality objectives set out in the Environmental Protection (Water) Policy 1997 and its 2009 replacement (EPP Water).

Development that discharges waste water to waterways can mobilise contaminants that affect water environmental values. The draft Policy addresses this risk using the waste management hierarchy to maximise those instances where discharge of waste water to a waterway is avoided.

Development that includes non-tidal artificial waterways for benefits such as aquatic biodiversity, amenity and landscape uses, flood management or stormwater harvesting often, when not properly designed and managed, comes with risks including poor water quality, long residence times, poor mixing, algal blooms and weeds. The draft Policy addresses these risks using a best practice environmental management approach to sustainable artificial waterways management.

Development that is community infrastructure can cause contaminants such as sediment, oils and rubbish to affect water environmental values. The draft Policy addresses these risks using a best practice environmental management approach to planning and development assessment of community infrastructure.

State and regional plans dealing with land use and development assessment may affect water EVs. The draft Policy addresses this risk using a best practice environmental management approach to regional and local planning and applying development assessment criteria.

Managing healthy waters – role of environmental valuesThe Department of Environment and Resource Management (DERM) has established EVs and WQOs for waterways in Queensland through community consultative processes. The WQOs provide planning targets for receiving water quality in ambient conditions.

EVs & WQOs are being developed by a number of processes including the Water Quality Improvement Plans across Queensland. The DERM has also scheduled EVs/WQOs for three catchments (South East Queensland (SEQ), Mary River and Great Sandy Region, and Douglas Shire). There is a need to clarify how EVs/WQOs (both scheduled and unscheduled) should be used in planning and development assessment.

EVs and WQOs are the community and government endorsed outcomes to be achieved for water quality management. These are the objectives that need to be achieved by managing point sources (waste water) and diffuse (stormwater) sources. EVs/WQOs are not only for consideration in licensing environmentally relevant activities under the Environmental Protection Act 1994 but also for consideration in development assessment, planning, works and community action.

The draft State Planning Policy for Healthy Waters requires EVs and WQOs as stated in the EPP Water to be appropriately considered by planners and assessment managers under IPA processes. Appendix 1 of the draft SPP Guideline describes best practice water quality management, Appendix 2 provides links and references to information on best practice and Appendix 3 provides further information on laws addressing water quality.


Managing healthy waters – shared responsibilitiesThere is a need for all sectors of the community to work together to support effective water quality management to deliver healthy waters to meet the needs of the community and the natural environment. The role of the community in implementing the draft Policy includes: provide input to water management studies by councils; provide input to the making of planning schemes or planning scheme amendments; and and comment in relation to development applications.

Links to other legislation and initiativesThe scope of the draft Policy is aimed at mitigating the risks from three water quality and waterway health management issues (urban stormwater, waste water, non-tidal artificial waterways). Other issues and the relationship with other policies should be considered. Achieving the draft Policy’s outcome could cause conflicts with other policies however there should always be a land use outcome or development design that protects waterway health.

The draft Policy should not be used as an automatic justification for overriding other policyconsiderations in local planning instruments or other State instruments. Development applications need to be assessed on their merits against all relevant considerations specified in IDAS. Similarly, planning scheme proposals need a broad, balanced assessment to determine what is appropriate in the public interest. In many cases, a development proposal that achieves the outcomes of the draft Policy but has serious conflicts with a local planning instrument, another State Planning Policy or another State instrument is likely to be considered inappropriate.

Nothing in the draft Policy restricts a local government, assessment manager or designator from addressing the planning for and management of the risks associated with development addressed in the draft Policy more stringently or in more detail than required by the draft Policy.

The draft Policy is a significant water way health management measure. The draft Policy complements other measures used by Commonwealth, State and local governments, such as the National Water Initiative, Water Quality Improvement Plans, SEQ Healthy Waterways Strategy 2007-2012, Water Resource Plans, and various local government water management plans, and public education programs.

Regional plans under the IPA may address stormwater or waste water and achieving water quality objectives in a region. The SEQ Regional Plan 2009-2031 and the Far North Queensland Regional Plan 2009-2031 are statutory regional plans while several other regional plans made under IPA are currently non-statutory. The statutory regional plans prevail over this draft Policy and any planning scheme to the extent of any inconsistency unless stated otherwise in the statutory regional plan.

Climate changeIf the draft Policy were to be become a State Planning Policy it will help protect water quality and waterway health. This will help maintain aquatic ecosystem resilience, which will provide significant assistance for adapting to and managing climate change impacts on Queensland’s waterways.

Predicted changes are likely to include reductions in annual rainfall but increases in rainfall intensity, erosion and sea level. These changes would have significant impacts on the nature and extent of stormwater quality, flow management and artificial waterway design. Water quality and quantity is expected to be effected in some areas due to higher temperatures, increased evaporation, and lower rainfall. These conditions may suit algal blooms. The amount of water available for ecosystem function is also likely to decline.


The impacts of climate change need to be considered in managing water quality and in the design and management of non-tidal artificial waterways. Issues may include changes to hydrology, algal bloom risks, and rainfall intensity changes.

Recent rainfall records have been used to develop the advice in draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines (also see Technical Note: Derivation of Design Objectives 2009).

The Office of Climate Change is reviewing the ClimateSmart 2050 strategy and is developing regional climate change profiles.

Information sources for climate change issues are provided in Appendix 2 of the draft SPP Guideline. This information may assist regional and local councils to form views about local climate change impacts.

Healthy watersThe draft Policy is about maintaining healthy waters that not only includes achieving and maintaining water quality physical and chemical properties but also managing the frequency of stormwater flows and managing the ecological properties of waters such as biodiversity and the functioning of the aquatic ecosystem.

Figure 1 shows the relationship of the draft Policy to Water Sensitive Urban Design (WSUD) and Total Water Cycle Management (TWCM). The draft Policy addresses the stormwater management and waste water management components of the total water cycle.


Figure 1 The draft Policy in relation to Water Sensitive Urban Design (WSUD) and Total Water Cycle Management (TWCM)

The draft Policy addresses the waste water quality and stormwater quality management components of the total water cycle (shaded area).


Water Sensitive Urban DesignWSUD

Water Cycle – Total Water Cycle Management

Potable water conservation Wastewater management Stormwater management Groundwater management

Demand management Stormwater reuse

o Water reuseo Greywatero Reclaimed

Demand management Stormwater reuse Water reuse

o Greywatero Reclaimed

Infiltration inflow reduction

Waste water quality

Rain/stormwater reuse Stormwater quality

improvement Stormwater quality

management

Groundwater quality management

Groundwater quantity management

7

1. DRAFT POLICY OUTCOME

1.1 The draft Policy requires environmental values (EVs) and water quality objectives as stated in the EPP Water to be appropriately considered by planners and assessment managers when making land use planning and development decisions. In particular, the draft Policy would provide for the protection of EVs when new development would potentially affect stormwater quality, flow entering waterways and any waste water for discharge0.

1.2 Protecting the EVs will require the achievement of the water quality objectives (WQOs) set out in the EPP Water. Best practice environmental management (BPEM) is recognised as the practical means of achieving water quality objectives and is further detailed in Appendix 1 (Principles) and Appendix 2 (Information Sources). Figure 1 describes the scope of the draft Policy (stormwater and waste water quality management) with reference to the full scope of water sensitive urban design and total water cycle management. The draft Policy does not deal directly with potable water conservation or groundwater management.

1.4 The draft Policy requires regional and local planning to provide for the protection of EVs when making planning instruments that may direct the location of development potentially affecting stormwater quality, flow entering waterways and any waste water for discharge. For the purposes of the draft Policy, waste water does not include contaminated stormwater or sewage as these components are addressed either in stormwater management or water supply provisions (see Appendix 3).

1.5 The draft Policy deals only with certain water quality matters of development affecting environmental values (urban stormwater, waste water, non-tidal artificial waterways). The draft Policy does not deal with matters already dealt with in other legislations (eg. management of environmentally relevant activities under the Environmental Protection Act 1997).

1.6 Also the draft Policy addresses large scale development and does not deal with single lots or dwellings as these are addressed by design and construction criteria through the building regulations and Queensland Development Code.

2. APPLICATION OF THE DRAFT POLICY

Effect of the draft Policy2.1 The draft Policy is aimed at mitigating the risks to water quality and waterway health

from urban stormwater and waste water management when making decisions about new development. If the daft Policy is adopted, it would have effect under the IPA when local planning instruments and regional plans are made or amended, when development applications are assessed, and when land is designated for community infrastructure. The draft Policy does not apply to existing land uses, or drinking water supply or quality issues.

2.2 Section 3 of the draft Policy sets out how the Policy’s outcomes can be achieved when undertaking planning, particularly preparing or amending planning schemes and their complementary local planning instruments (planning scheme policies and temporary local planning instruments). Regional plans may also have a role in helping implement the draft Policy’s outcomes at a strategic level. Section 3 below contains guidance on how to implement the draft Policy when undertaking planning.

0 For the purposes of the draft Policy, waste water does not include contaminated stormwater or sewage as these components are addressed either in stormwater management or water supply provisions - see Appendix 3.


2.3 Section 4 of the draft Policy sets out how the Policy’s outcomes can be achieved when undertaking development assessment and designating community infrastructure.

Relationship with other planning instruments2.4 If the draft Policy were to be adopted, achieving the Policy’s outcomes might conflict

with policies and requirements in other planning instruments. However, the draft Policy has been designed to reflect the following principles:a) that there is always a land use outcome or development design that protects

waterway health; andb) existing development commitments, notably a current development approval(s)

and detailed provisions in planning schemes, may limit the extent to which the draft Policy’s outcome can be achieved.

2.5 The draft Policy would not automatically override other policies and requirements in other State planning instruments or local planning instruments.

2.6 Policy and other State planning instruments: Under the IPA, State Planning Regulatory Provisions are mandatory and prevail over any other planning instrument to the extent there are any inconsistencies. Similarly, if there is a conflict between a Policy and a statutory regional plan, that plan prevails to the extent of the inconsistency. However, in all other circumstances, each State Planning Policy should be considered together with, and complementary to any applicable State Planning Regulatory Provisions and any applicable statutory regional plan. These legislative requirements apply to both planning (ie making or amending planning instruments) and development assessment.

2.7 Policy and local planning instruments: A planning scheme may contain a statement that the planning Minister is satisfied a Policy is “appropriately reflected” in the planning scheme. In such cases, that Policy does not apply in development assessment in that planning scheme area. The planning scheme is ‘deemed’ to carry forward the outcomes of the Policy to the State Government’s satisfaction. If a Policy has not been appropriately reflected, that Policy must be considered when development applications are assessed. Nevertheless, the IPA directs0 that if a development application complies with all applicable codes, the application must be approved despite any conflicts with the Policy.

2.8 Addressing any policy conflicts: There is no obvious conflict between this draft Policy and any current Policy. However, it is possible that such a conflict could be identified as State interests were being addressed when making or amending a particular planning scheme. The State Government would need to determine how the conflict should be resolved. The Department of Infrastructure and Planning, together with those other State agencies responsible for the Policies concerned, would manage that conflict resolution as part of the whole-of-Government review prior to adoption of the planning scheme or amendment.

2.9 Development applications must be assessed on their merits against all relevant considerations specified in IDAS, subject to the legislative rules described in paras 2.6 and 2.7 above. Where there is conflict between Policies or between a Policy and the planning scheme (or other local planning instrument) as they apply to a particular development application, the assessment manager will make a balanced assessment to determine what policy and development outcomes are appropriate in the public interest. In rare cases, the State Government may consider the assessment

0 The decision rules in Chapter 3: Integrated Development Assessment System (IDAS).


manager’s decision is sufficiently contrary to a State interest to justify intervening in the decision.

Areas to which the draft Policy applies2.10 The draft Policy would apply throughout the State.

Limits on implementing the draft Policy2.11 Nothing in the draft Policy prevents a local government, assessment manager or

designator from addressing the water quality outcomes of the draft Policy more stringently or in more detail than sought by the draft Policy.

Development to which the draft Policy applies2.12 The draft Policy would apply to the development described in Section 2 of the draft

Policy in the following ways: Development assessment - when development applications include any of the

developments listed (except where the relevant planning scheme states the Policy has been appropriately reflected – see 2.7 above).

Planning - the development listed should be addressed when making/amending a planning scheme and supporting local planning instruments.

Community infrastructure designation – the draft Policy must be considered when designating land for community infrastructure that includes any of the developments listed.

Land designated for community infrastructure2.13 Under the IPA, the draft Policy must be considered when designating land for

community infrastructure.

Development outside the scope of the draft Policy2.14 Other instruments address certain development types or development stages for

managing water quality and water way health. Therefore development that is: making a material change of use or carrying out operational work for the purposes

of, or associated with, a single detached dwelling; or making a material change of use of premises for an environmentally relevant

activity under the Environmental Protection Act 1994; or material change of use and operational works made assessable by Schedule 8 of

the Integrated Planning Act 1997; or plumbing and drainage work regulated under the Plumbing and Drainage Act

2002.are not addressed by the draft Policy. Also, the draft Policy is not applied to development applications for building work that are assessed only against the Building Regulation 2006 under the Building Act 1975.

2.15 Development outside the scope the draft Policy (i.e. development not subject to the Code at Annex 1 of the draft Policy) may still be subject to the stormwater design objectives outlined in Chapter 2 of the draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines. Deemed to comply solutions rather than individually modelled and designed treatment train solutions are likely to be the most effective and efficient way of addressing stormwater design objectives for many smaller developments. Section 4 of this guideline provides more detailed guidance on deemed to comply solutions.

Assessment code


2.16 In order to improve consideration of water quality management and to foster more consistent development assessment decisions, code provisions are included in the draft Policy (Annex 1) for stormwater, waste water management, and non-tidal artificial waterways. Equivalent provisions should be developed for use in the relevant planning instruments adapted to regional and local conditions for achieving the draft Policy outcome. The draft Policy code will apply to development assessment unless the relevant planning instrument adequately reflects the draft Policy.

Urban stormwater 2.17 The draft Policy requires State agencies, regional planning authorities and local

government to ensure site Stormwater Quality Management Plans (SQMP see Annex 2 Glossary) for development are made in accordance with the draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines. The design and implementation of community infrastructure (such as roads, waste facilities and water supply) should incorporate achievement of water quality objectives in receiving waters.

2.18 The draft Policy assists local governments in developing Urban Stormwater Quality Management Plans for local government areas (USQMP) and preferably within the context of stormwater quality management plans (SQMP) for the local area. The draft Policy requires the USQMP to be a key consideration in making planning schemes.

Waste water2.19 Activities with point source waste water discharges that are assessable development

under IPA (but not environmentally relevant activities under the Environmental Protection Act 1994 (EP Act) are also addressed by the draft Policy provisions in sections 3 and 4.

3. MAKING OR AMENDING A PLANNING INSTRUMENT

Regional plans3.1 Under the IPA, regional plans are statutory planning instruments made by the

regional planning Minister for a ‘designated region’ – that is a geographic area prescribed under a Integrated Planning Regulation 1998.

3.2 Regional plans set out the State Government’s future strategy for managing development in the regions, and provide the planning context within which local governments prepare their planning schemes. The preparation of regional plans is informed by State Planning Policies (SPP) and any other State interests the Government considers relevant and appropriate. A regional plan therefore provides the vehicle for assimilating a range of State policies and interests and applying them to a particular geographic area. This process necessarily requires balancing and reconciling any conflicting State interests in recognition of the fact that competing interests cannot be equally implemented. Accordingly, regional plans become the main expression of the State’s interests for each region, and prevail over SPPs to the extent of any inconsistencies.

3.3 Regional plans can assimilate SPPs in different ways. Where two or more competing interests can be reconciled at the regional level, the regional plan might ‘reflect’ those SPPs, thereby effectively replacing them for the particular region. On the other hand, where an SPP will simply complement the regional plan, that plan should ‘call-up’ the SPP by reference. In other cases, a combination of both these approaches might be necessary.


3.4 It is envisaged that local planning instruments should provide the main focus for implementing the draft Policy when undertaking land use planning. The role of regional plans is more likely to involve ‘calling-up’ the draft Policy to reinforce the need for development to achieve water quality objectives and protect the EVs in a region. However, the draft Policy does identify a couple of issues that are best addressed through regional plans.

3.5 A regional plan may assist in achieving the draft Policy outcome by identifying best practice water management in the following ways: Urban stormwater – a regional plan can identify the specific design objectives for

urban stormwater quality and flow applicable to a region’s climate and landscape (see Chapter 2 of draft Urban Stormwater – Queensland Best Practice Environmental Management). This will aide local council’s to set out urban stormwater management rules that are achievable, equitable and likely to assist in protecting waterway EVs.

Best practice guidelines – a regional plan can identify the technical or engineering manuals or guidelines that should be applied in a region for stormwater and waste water management. This will assist local councils and developers in developing and applying consistent best practice environmental management and meeting the design objectives specified above.

High ecological value (HEV) waters – a regional plan can identify areas mapped as high ecological value (for a complete list and mapping of HEV areas see http://www.epa.qld.gov.au/environmental_management/water/environmental_values__environmental_protection_water_policy_1997/schedule_1_of_epp_water_including_plans/) and ensure that development zoning only encroaches on the sub catchments that drain directly into HEV areas if it can be demonstrated that water quality objectives in these HEV areas will continue to be achieved. For stormwater this can be demonstrated through monitoring, modelling or application of best practice (see draft Urban Stormwater – Queensland Best Practice Environmental Management). For waste water this can be demonstrated by application of the waste management hierarchy for development types that may increase waste water and stormwater borne contaminants.

The above is aimed at ensuring councils in the urban footprint are not overcommiting to development in HEV sub catchments without first considering how stormwater (in particular) can be managed to protect the WQOs particularly those associated with HEVs otherwise development zoning in these HEV sub catchment areas may not be appropriate.

3.6 Regional plans made under IPA that may affect water quality can incorporate this draft Policy. Such plans may include IPA statutory plans (SEQ Regional Plan 2009-2031, FNQ Regional Plan 2009-2031) and IPA non statutory regional plans (see http://www.dip.qld.gov.au/regional-planning/index.php).

SEQ Regional Plan3.7 The South East Queensland Regional Plan 2009–2031 (SEQ Regional Plan)

recognises that management of the natural water cycle is required to achieve environmental, social and economic sustainability of the SEQ region. Through the principles and policies of Desired Regional Outcome (DRO) 11 Water management, and DRO 2 Natural environment, the SEQ Regional Plan adopts a total water cycle management approach as the framework for managing urban water quality in SEQ. As part of this approach, the SEQ Regional Plan endorses the adoption of water sensitive urban design principles.


http://www.dip.qld.gov.au/regional-planning/index.php

http://www.epa.qld.gov.au/environmental_management/water/environmental_values__environmental_protection_water_policy_1997/schedule_1_of_epp_water_including_plans/

http://www.epa.qld.gov.au/environmental_management/water/environmental_values__environmental_protection_water_policy_1997/schedule_1_of_epp_water_including_plans/

3.8 The South East Queensland Regional Plan 2009–2031 also provides for a desired regional outcome for water quality management. Principles include the need for total water cycle management, waterway health, and protection of environmental values as set out in the EPP Water. High ecological value (HEV) waters are defined in the EPP Water as effectively unmodified or other highly valued systems, typically (but not always) occurring in national parks, conservation reserves or in remote and/or inaccessible locations. A number of HEV waters have been identified in SEQ, including Eastern Moreton Bay, Upper Enoggera Creek and the upper Noosa River. Land that drains directly to a HEV water is land that does not drain via another waterway or drainage line into the HEV area.

3.9 Regional specific guidelines (see Appendix 2) provide advice on planning and development assessment to help achieve the relevant WQOs in receiving waterways.

Making or amending regional planning instruments3.10 The draft Policy can be appropriately reflected in regional plans (unless otherwise

stated in a statutory regional plan made under IPA section 2.5A) to ensure that regional water management addresses the protection of water environmental values at a waterway catchment scale.

3.11 The draft Policy is to be appropriately reflected in planning schemes to ensure that the State’s interests in waterway health are interpreted in the local context when planning for future development and making decisions on development applications.

3.12 The draft Policy should be appropriately reflected in a regional plan (unless otherwise stated in a statutory regional plan made under IPA section 2.5A) for the same or better outcomes as the draft Policy. The water quality management aspects of regional plans and planning schemes should be consistent with the draft Policy to an extent that satisfies the Minister administering the IPA. When a planning instrument takes account of the draft Policy the planning instrument is to be regarded as the regional or local interpretation and expression of the draft Policy.

3.13 The draft Policy is appropriately reflected when the Minister makes a statement to this effect in the planning scheme. Local governments making minor scheme amendments that are not related to waterway health will not be required to reflect the draft Policy in those minor amendments.

Achieving the draft Policy outcome through a local planning instrument3.14 Local planning instruments are made by local governments in consultation with the

State Government. The planning scheme is the principal local planning instrument, and it may be supported by one or more planning scheme policies and temporary local planning instruments.

3.15 When making or amending a planning scheme and any supporting local planning instruments, local governments will be expected to integrate and appropriately reflect the draft Policy as part of the process of accommodating State interests to the planning Minister’s satisfaction0. This is to ensure that State interests are interpreted into the local context, thereby allowing the local planning instruments to ‘carry’ the State’s policies and requirements for the particular local government area.

3.16 As with regional plans, integrating the draft Policy will require the planning scheme to reconcile and balance any State interests that are found to be in conflict when applied to a specific locality. The planning scheme should reflect the draft Policy to an extent

0 Schedule 1 of IPA sets out the process for making and amending planning schemes.


that satisfies the planning Minister, who will advise the local government if the SPP has been appropriately reflected in the planning scheme. The planning Minister’s decision about whether a planning scheme reflects an SPP will be informed by advice from not only the Department of Infrastructure and Planning, but also the State agency with primary responsibility for the issues addressed by the draft Policy.

3.17 Section 3 of the draft Policy sets out how local planning instruments could achieve the draft Policy outcome, thereby appropriately reflecting the draft Policy.

Planning for protecting water environmental values3.18 Regional and local councils are encouraged to incorporate similar outcomes to the

draft Policy outcomes (which are State interests) for local interests in water quality and waterway health in their planning scheme. It is essential that the significance of the water way health issues identified whether State or local, be distinguished in the planning scheme, since the justification for the outcomes sought may be different. Effective land use planning can limit and over time, reduce the impacts of development on water environmental values. The draft Policy is intended to shape land use planning and development decisions to create settlement designs and patterns that reduce the risk of adversely impacting water environmental values.

3.19 Regional and local councils are encouraged to undertake urban stormwater quality management planning (see the EPP Water) as part of a comprehensive waterways management process that also provides information to assist in developing appropriate planning scheme outcomes. Appendix 1 of the draft SPP Guideline provides information on best practice water quality planning.

3.20 The scope of water quality management planning studies to be undertaken will be determined by the council in consultation with relevant State agencies before or during the process of making or amending a planning scheme. Water quality and waterway health should be clearly addressed in the planning scheme through the use of overlays, codes, assessment triggers consistent with the IPA Plan Making Guideline 1/02 (see www.ipa.qld.gov.au). The most appropriate presentation will depend on the structure and format of the particular planning scheme.

3.21 The water quality high environmental value areas (HEV) should be mapped as overlays for the whole of the local area.

3.22 It may not be cost-effective and practicable to conduct water quality management studies for areas that are not subject to development pressures especially in small or low growth local areas. However at a minimum the design objectives for urban stormwater quality and flow management (as outlined in Chapter 2 of the Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines) can be used by councils and developers in all areas identified in the planning scheme as existing or proposed for urban development.

Land use allocation


http://www.ipa.qld.gov.au/

3.23 Section 3.3a of the draft Policy provides for the need for land capability studies0 to determine appropriate locations for urban areas. Allocation of land uses should be consistent with the protection of EVs and WQOs e.g. by providing for conservation or open space in the riparian protection areas; and urban areas identified as appropriate locations for urban purposes; and hazardous or noxious industries, landfill sites, and sewage treatment plants in

areas away from riparian protection areas and areas of significance for groundwater recharge processes, high groundwater table areas and high permeability soils; and

ensuring relevant provisions of an existing urban stormwater management plan for the local government area are incorporated in the land use allocation decisions.

3.24 Section 3.3 of the draft Policy provides for the use of design objectives for achieving load reductions in water contaminants leaving developed areas as stormwater. The Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines provides advice on demonstrating the likely achievement of design objectives (and therefore water quality objectives) for areas under consideration for inclusion as urban zones in a planning instrument.

3.25 Land use strategies that avoid establishment of, or intensification of, uses or works that are likely to increase adverse impacts on water environmental values would achieve the draft Policy outcomes. Uses such as residential development that are likely to affect environmental values should be discouraged unless the planning scheme includes clear requirements on waste water and stormwater management design objectives that can achieve protection of the relevant water environmental values.

Landscape features – algal blooms3.26 Other landscape features may be evident when developing planning instruments dealing

with land use. The State Planning Policy 2/02: Planning and Managing Development Associated with Acid Sulfate Soils and associated technical guidelines outlines land use issues for dealing with acid sulfate soils. Similar issues exist in some areas for preventing blooms of algae in coastal waters, including the toxic cyanobacterium Lyngbya majuscula (Lyngbya). These can pose a significant threat to water quality and the recreational and commercial values of waterways.

3.27 Land-based development and management activities that disturb soils or sediments and alter the natural hydrological regime, including groundwater levels and composition, and surface-water run-off, often result in the transport of increased contaminant loads (e.g. of nutrients) to waters. Nutrients of concern that may contribute to algal growth and that have been shown to increase the intensity and severity of Lyngbya blooms include iron, phosphorus, nitrogen and organic matter (dissolved organic carbon).

3.28 An example planning response is to develop indicative mapping showing areas where disturbance and runoff are likely to contribute contaminants (such as nutrients of concern to algal growth/blooms or acid sulfate runoff/leachate). Locally specific mapping may be used in planning instruments to identify areas of greater risk of releasing: nutrients of concerns to waterways and groundwaters where they may increase

the intensity or frequency of algal blooms or increase the risk of blooms arising in new areas; and

0 Refer to Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines for methodologies on land capability studies.


acid sulfate runoff to waterways.

3.29 The guideline Implementing Polices and Plans for Managing Nutrients of Concern for Coastal Algal Blooms in Queensland contains coarse-scale maps (Hazard Maps) that indicate high-risk areas (‘nutrient hazardous areas’) vulnerable to the supply and potential export of nutrients of concern for coastal algal blooms. The coarse-scale Hazard Maps are at a regional-scale and indicate where more detailed mapping (at a scale-appropriate for inclusion in local planning instruments) is needed.

3.30 Local planning instruments identify nutrient hazardous areas and ensure development and coastal activities are located, designed and managed to aovid mobilisation and release of nutrients of concern for coastal algal blooms. Local planning instruments covered by a coarse scale Hazard Map0: (currently Southeast Queensland) should: Identify and map nutrient hazardous areas at a detailed-scale; and Incorporate detailed mapping into planning schemes as an overlay; and Apply planning and development assessment measures to avoid or minimise the

mobilisation and release of nutrients of concern to coastal waters/waterways.

3.31 Guidance for incorporating Hazard Maps and appropriate planning provisions and development assessment measures into planning instruments and development assessment is provided in Implementing Polices and Plans for Managing Nutrients of Concern for Coastal Algal Blooms in Queensland. This document will be supported by technical guidelines detailing methods for developing detailed (planning scheme-scale) Hazard Maps, best-practice management of nutrients of concern (particularly iron and organic matter) and example development conditions.

Planning to manage waste water and stormwater quality/flow3.32 The draft Policy (Section 3.3d & e) also describes how to appropriately reflect the

draft Policy in planning instruments via development of an urban stormwater quality management plan (USQMP) for the local area (see EPP Water 2009 and Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines Chapter 3). Similarly incorporating any trade waste or sewage or more general waste water management plan for the local area will assist in achieving the draft Policy outcome.

3.33 Planning instruments should be informed by and linked to the USQMP and any local area waste management plan because: information gathered in developing these plans will support the preparation of

planning instruments for local areas and planning instrument amendments or a new planning instrument;

mapping of stormwater and waste water infrastructure and catchments will assist in determining the preferred pattern of settlement;

water quality objectives may indicate the need to redesign where certain developments are located through the planning instrument;

water quality objectives can be used to guide the conditions on development approvals, planning policies and codes based on options for stormwater management or waste water management developed in waterway action plans (e.g. water sensitive urban design, grassed swales, porous paving); and

planning instruments may provide for infrastructure charges on development. If infrastructure charges under the Integrated Planning Act 1997 (IPA) are to be used to fund part or all of the stormwater or waste water (and the rest of the water cycle) network, these funded networks can be designed and costed to protect environmental values.

0 Currently available for southeast Queensland


3.34 The most appropriate way of presenting mapping information will depend on the structure of the planning scheme. Water quality and waterway health features can be included as one or more zones or overlays to which specific development assessment provisions apply.

Assessable development3.35 The planning scheme should ensure that the development to which the draft Policy

applies (Section 2 of the draft Policy) should be made assessable (Section 3.3g of the draft Policy). Whether development is made assessable or self-assessable depends on whether it is possible to identify all relevant assessment criteria in a precise way that does not require interpretation or too much discretion. Assessable development is usually the appropriate category for development involving more than 5 lots or 2500m2 land area. The planning scheme can identify different levels of assessment in accordance with the risk to waterways or the linking of assessment levels to the types of development identified in Section 2 of the draft Policy.

3.36 For assessable or self-assessable development, the planning scheme should incorporate assessment criteria in one or more applicable codes consistent with achieving the outcomes of Section 4 and Annex 1 of the draft Policy. Advice on erosion and sediment control issues during the construction phase of the development is available in Draft Urban Stormwater - Queensland Best Practice Environmental Management Guideline (See Chapter 6 and Appendix 1A Example Development Approval Conditions and Appendix 1B Model Code of Practice Provisions).

3.37 The suggested approach to incorporating the draft Policy assessment code at Annex 1 (as required by Section 3.3h) is either to call up this code from a planning scheme or by incorporating code provisions in the planning scheme codes that reflect those provisions at Annex 1 to the satisfaction of the Minister. Annex 1 can be suitably adapted to reflect local knowledge and conditions.

3.38 The codes may take the form of specific water quality or water way management codes or be incorporated in broader codes. Annex 1 of the draft Policy provides solutions that achieve the draft Policy outcomes. There is nothing in this draft Policy that would prevent local councils from adopting code provisions more stringent than those at Annex 1 of the draft Policy.

3.39 For many smaller development types the SEQ Healthy Waterways Partnership guideline “Water Sensitive Urban Design – Deemed to Comply Solutions for Queensland – Stormwater Quality Management 2009” outlines straightforward measures for storm water quality management. The deemed to comply solutions are designed to meet the stormwater quality management design objectives (of Chapter 2 of the Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines) without the need for a site stormwater quality management plan (note that a erosion and sediment control plan may still be required).

Information required for development assessment3.40 Section 3.3i of the draft Policy requires planning schemes to state the information that

may be requested for development assessment. It is recommended that this information be stated in a planning scheme policy to support the operation of the planning scheme. An advantage of using a planning scheme policy is that the information can be regularly updated without having to amend the planning scheme.


3.41 A planning scheme could also state (via a planning scheme policy) that advice may be sought by the regional or local council, for example from the Queensland Department of Environment and Resource Management, engineering consultant or other expert body. It should be made clear that this action is neither mandatory or an imposition on the applicant, and it is not a requirement of the statutory referral process under the Integrated Development Assessment System (IDAS) of the IPA.

Riparian areas3.42 Section 3.3a & b of the draft Policy provides for protecting the ecological functioning

of waterways by, amongst other things, identifying riparian protection areas sufficient to maintain the environmental values (EVs) and water quality objectives (WQOs)0 of coastal, estuarine, freshwater, groundwater, wetlands and other water types for each level of aquatic ecosystem protection (i.e. high ecological value, slightly disturbed, moderately disturbed or highly disturbed).

3.43 Example dimensions of suitable riparian protection areas include the areas prescribed as acceptable clearing limits for riparian and native vegetation adjacent to wetlands and watercourses identified in the relevant Regional Vegetation Management Codes0 or regional plans.

3.44 Development issues associated with minimising the potential adverse impacts of flood on people, property, economic activity and the environment are addressed in the State Planning draft Policy 1/03 Mitigation the Adverse Impacts of Flood, Bushfire and Landslide.

3.45 DERM guidelines are being developed to provide further information on setting riparian protection areas.

Non-tidal artificial waterways3.46 Section 3.3 of the draft Policy addresses planning aspects of development that may

include non-tidal artificial waterways. The beneficial uses of artificial waterways include amenity, flood protection, biodiversity enhancement and stormwater harvesting. Use of artificial waterways as part of a stormwater quality treatment system is not regarded as an acceptable use. The need to win excavation materials for other parts of a development is also not regarded as the primary end land use for the artificial waterway area.

3.47 Weeds and pest species issue should be considered in any urban setting involving artificial waterways and associated dwellings. Typically weeds that cover more than 50 per cent of the surface area of a waterway would pose a risk of eutrophication and harbour elevated levels of biting pests. Artificial waterways can also be a source of weeds and pests for downstream natural waterways.

3.48 Providing for artificial waterways in planning instruments should take account of the primary intent for the waterway, management arrangement for the life of the waterway, and the need to locate such waterways in low lying areas of the catchment usually including naturally located waterbodies. Providing for artificial waterways only in areas zoned for urban development ensures appropriate planning and development assessment provisions will be applied.

0 EVs and WQOs mapped products, including catchment boundaries, water types and levels of aquatic ecosystems protection (defined in the Queensland Water Quality Guidelines), are available on the State Government Infolink, or by contacting the DERM.

0 Clearing limits are 200m to significant coastal wetlands; 100m of each high bank of an estuary; 50m of each high bank of a river; or 25m of each bank of a creek or waterway if in the catchments of the Western Bioregions, Brigalow Belt, New England Tablelands and Southeast Queensland Bioregions (the east coast of Queensland) or 200m of each high bank of an estuary or significant coastal wetlands ; 100m of each high bank of a river; or 50m of each bank of a creek or waterway if in the catchments of the Western Bioregions (Cape York Peninsula and the Gulf).


Waste management3.49 Sections 3.3e & f of the draft Policy address waste management planning and disposal

facilities. The aim is to maximise the level of waste recycling, treatment and refuse transfer stations including as many resource recovery operations as practicable. Development with waste water should be located in accordance with a waste management plan for the local area. Waste management plans (trade waste and sewage) are part of the Environmental Protection (Water) Policy 1997.

3.50 Section 3.3f of the draft Policy addresses groundwater quality and how development may be managed to minimise outcomes that: results in loss of wetlands that recharge groundwater reserves; expands urban areas inhibiting recharge of groundwater aquifers; results in inflow of saline waters; lowers water tables through drainage; exposes acid sulfate soils and iron rich soils; raises water tables through clearing; and results in contamination from septic tanks, fuel storage tanks, and stormwater.

3.51 Land use decisions need to take account of impacts on groundwater recharge areas. Land uses need to be managed in a way to avoid the impacts listed above.

4. DEVELOPMENT ASSESSMENT

Achieving the draft Policy outcome through development assessment and designating community infrastructure4.1 Under the IPA’s Integrated Development Assessment System (IDAS), an assessment

manager has to have regard to the draft Policy when assessing development applications in the following circumstances: Where the planning scheme or schedule 8 of the IPA (supported by the

Integrated Planning Regulation 1998) makes the development to which the draft Policy applies (listed in 2.7 – 2.8 of the draft Policy) self assessable, code assessable or impact assessable; and

the relevant adopted planning scheme does not explicitly state that it ‘appropriately reflects’ the State Planning Policy.

4.2 Where these circumstances apply, development applications are to be assessed against the criteria listed in 4.1 of the draft Policy and the supporting code in Annex 1. This code is an ‘applicable code’ for the purposes of IDAS and therefore has to be considered in development assessments in the same way as other applicable codes, including those in planning schemes. Section 3 contains advice about the relationship of the draft Policy with other instruments (see 3.4 – 3.9 above), including how to address possible policy conflicts between different planning instruments in development assessment.

4.3 It should be noted that the draft Policy only applies to applications for development lodged from the date the Policy takes effect (see the draft Policy 4.1).

4.4 In addition to development on greenfield sites, the draft Policy could also apply to applications for re-developments and significant expansions/intensifications within existing built-up areas.

4.5 Development that achieves the outcomes set out in the draft Policy will be compatible with the local landscape and will assist in protecting EVs and achievement of the


relevant WQOs for local waterways. Development should as far as possible be fitted to the landscape rather than attempting to fit the landscape to the development.

4.6 The sensitivity and high level of amenity desired for development in urban areas means that the adverse effects of new development or infill development in established urban areas should be minimised through application of best practice environmental management. Design and construction should be aimed at mitigating the adverse effects of development on water environmental values (see Appendix 2 of the draft SPP Guideline for references on best practice).

4.7 Development should avoid releasing contaminated stormwater and other waste water discharges to a waterway. Where avoiding release of contaminated stormwater to a waterway is not feasible development needs to ensure that the adverse impacts of such releases are minimised and offset in accordance with the Queensland Government Environmental Offsets Policy 2008.

4.8 Figure 2 below outlines an assessment flowchart that is a summary of the steps that need to be worked through to achieve the draft Policy outcome for waste water quality management. Table 1 sets out the tasks that should be worked through in making decisions.

4.9 For stormwater quality management Appendix 2 lists the major resource documents for use in accordance with applying best practice environmental management to exceed the stormwater design objectives0 set out in Chapter 2 of the Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines. Where avoiding release of stormwater or waste water is not feasible in waters mapped as being of high ecological value, the adverse impacts of such releases are to be minimised and any residual impacts are to be offset.

4.10 For more information on application of the code at Annex 1 of the draft Policy see Annex 1 of the draft SPP Guideline. The following subsections (4.11 to 4.33) should be read in conjunction with Annex 1 of the draft SPP Guideline.

Stormwater management – deemed to comply solutions4.11 Section 4.2 of the draft Policy refers to protecting water environmental values from

impacts due to stormwater management (such as quality and altered hydrology in waterways). Solutions identified are those that best apply the stormwater design objectives set out in Chapter 2 of the Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines.

4.12 Development above the thresholds of section 2.7 of the draft Policy would require formal stormwater management plans to demonstrate achievement of the nominated design objectives from Chapter 2 above. Development below the thresholds set out in section 2.7 of the draft Policy (such as development less than 6 dwellings or involving less than 2500m2 of land) may be required to address (on related stormwater quality issues) the Queensland Development Code or local government planning schemes (which may include deemed to comply solutions), or the provisions of the Plumbing and Drainage Act 2002 (see Appendix 3 for further details).

4.13 Deemed to comply provisions in some planning schemes or documents supporting planning schemes are aimed at simplifying stormwater management requirements for the smaller development types (for examples see planning schemes for Gold Coast

0 The design objectives are minimum objectives which in most cases will be exceeded by the proper application of best practice.


Standard Residential (attached/detached dwellings):Site Area (A) < 1000 m2 : No WSUD if rainwater tank 1000<A<5000 m2 : Rainwater Tank + 2% of A as bioretentionHigh Rise residential:A < 2500 m2: Rainwater Tank* + 2% A as bioretention + Gross Pollutant Trap at BasementHigh Rise commercial:A < 2500 m2: Rainwater Tank* + 2.5% A as bioretention + Gross Pollutant Trap at BasementIndustrial:A < 2500 m2: Rainwater Tank* + 2.5% A as bioretention *sized using appropriate model

The design of the rainwater tanks, Gross Pollutant Trap and bioretention infrastructure must satisfy design criteria as specified by the local government.

City Council, Brisbane City Council, Sunshine Coast Regional Council). Applicable deemed to comply solutions include (Gold Coast City Council examples follow):

4.14 The SEQ Healthy Waterways Partnership guideline “Water Sensitive Urban Design – Deemed to Comply Solutions for Queensland – Stormwater Quality Management” 2009 outlines measures for development (that is below the thresholds defined in Section 2 of the draft Policy). The deemed to comply solutions are designed to meet the stormwater quality management design objectives (of Chapter 2 of the Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines).

4.15 The deemed to comply solutions can be applied to appropriate development across Queensland without the need for a site stormwater quality management plan. The deemed to comply solutions are intended to reduce the reporting and assessment requirements for small developments, and reduce or avoid the need for water quality modelling. In some cases deemed to comply solutions are available for development above the thresholds outlined in Section 2 of the draft Policy. Relevant web links for further information are in Appendix 2.

Waste water management4.16 The draft Policy applies to the waste water0 management (other than contaminated

stormwater or sewage) of assessable development as stated in Section 2.8 of the draft Policy.

4.17 The draft Policy also applies when land is to be designated for community infrastructure for development described above. These development types are identified to provide direction to developers and assessment managers on the need to avoid waste water discharges and where this is not possible to minimise impacts on WQOs by applying best practice waste water management.

4.18 Nutrient hazard areas and areas acid sulfate soils need special attention if waste waters are to be avoided that contain acidy, and other contaminants (see Part B of the development assessment code at Annex 1 of the draft Policy).

0 For definitions see Annex 2 of the draft Policy (Glossary)


Non-tidal artificial waterways4.19 The draft Policy applies to the purpose, design and management of new or expanded

artificial waterways that are part of assessable development as stated in Section 2.7 of the draft Policy.

4.20 Artificial waterways should be designed and operated to ensure long term sustainability, achievement of WQOs in receiving waters and as landscape assets in the long term. A number of references and related guidelines are listed in Appendix 2 outlining the details of best practice for design and management of non-tidal artificial waterways (see Part C of the development assessment code at Annex 1 of the draft Policy).

Development application information 4.21 The assessment manager will need certain information when assessing development

applications against the draft Policy. If not provided with a development application, such information should be the subject of an information request under the IDAS.

4.22 Relevant development applications will need to contain information on how: stormwater and waste water treatments are selected to incorporate design

objectives for achieving relevant WQOs; and the State code provisions for urban stormwater, waste water management0, and

non-tidal artificial waterways are addressed.

Devising appropriate development assessment conditions4.23 Councils should develop appropriate development conditions for stormwater and

waste water quality management and proposals for non-tidal artificial waterways. This should form part of the development assessment process and implementation of local area urban stormwater and waste water management plans. These conditions should impose any requirements related to a particular development or use of land both during construction and ongoing operational use of the site.

4.24 Development conditions reflecting best practice stormwater, waste water quality management, and waterway management should include the following where relevant: Development in the draft Policy area must comply with the council’s adopted

Local Area urban Stormwater Management Plan and/or planning scheme provisions and/or (if a plan has not been adopted) development must be in accordance with the Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines; and

An agreement between the landowner and the relevant authority for the provision of drainage to the site in accordance with the authority’s requirements and relevant legislation at the time. (This may form part of the general servicing condition normally placed on subdivision but should apply to development where there is no subdivision);

Ensure that no water containing oil, foam, grease, scum or litter shall be discharged to the stormwater drainage system from the premises;

Ensure that all stored wastes are kept in designated areas or covered containers that prevent escape into the stormwater system;

Ensure that measures are taken to minimise the amount of mud, dirt, sand, soil, clay or stones deposited by vehicles on the abutting roads when vehicles are leaving the premises;

0 The State code is at Annex 1 of this draft Policy with explanatory materials at Annex 1 of the SPP Guideline


Ensure that no mud, dirt, sand, soil, clay or stones are washed into or allowed to enter the stormwater drainage system; and

Ensure that the site be developed and managed to minimise the risks of stormwater contaminants through run-off that includes chemicals, sediments, animal wastes or gross pollutants in accordance with currently accepted best practice.

4.25 Further representative conditions for development assessment are set out in Appendix 1A of the Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines.

4.26 Table 1 below outlines the accepted process for evaluating a proposed waste water discharge. Further details can be found in the references listed in Appendix 2 of the draft SPP Guideline.

Acceptable circumstances for not achieving the draft Policy outcome4.27 Sections 4.3 and 4.4 of the draft Policy provide for development commitments

(defined in Annex 2: Glossary). The implementation of the draft Policy should recognise that a development decision prior to the commencement of this draft Policy (either a development approval or a planning decision set out in a planning instrument) is a valid development commitment that may affect how the draft Policy outcomes can be achieved by that development.

4.28 If a development commitment includes elements that would partly or wholly determine a worse water quality outcome than set out in the draft Policy, the development proposal may not be reasonably able to achieve the draft Policy outcome in full. Nevertheless, the development proposal would still be expected to achieve the water quality outcomes sought by the draft Policy to the maximum extent that is consistent with the development commitment.

4.29 If a development commitment does not pre-determine water quality outcomes addressed by the draft Policy, the development proposal consistent with that commitment would be expected to achieve the draft Policy outcome as section 4.3 and 4.4 of the draft Policy would not apply.

4.29 Most developments that are a development commitment should be able to achieve the draft Policy outcome and specific outcomes set out in the code (Annex 1). This is because the majority of these outcomes are matters addressed by the detailed design of the development and its layout. Where a development commitment includes approved design details that restrict the ability to achieve the draft Policy outcomes, it is recognised that the development may not be reasonably be able to achieve all of the draft Policy outcomes. However, in these cases, assessment managers and developers are expected to achieve the best outcomes practicable consistent with protecting water environmental values.

Community infrastructure4.30 The types of community infrastructure to which the draft Policy applies are those that

may affect water environmental values including State-controlled roads, rail lines, aeronautical facilities, and water cycle management infrastructure. The draft Policy requires these types of community infrastructure to be located and designed to ensure water environmental values are protected. This requirement applies regardless of which of the following mechanisms is used: development application under IDAS;


allocation of land in a planning scheme; or designation of land for community infrastructure under the IPA.

4.31 Sections 3 and 4 of the draft Policy contain the outcomes against which a community infrastructure proposal must be assessed. The responsibility for determining compliance with the draft Policy outcomes will rest with either the assessment manager of community infrastructure designator depending on which of the above mechanisms is employed.

4.32 Community infrastructure should be located and designed in accordance with Specific Outcomes of the code at Annex 1 of the draft Policy. For the urban stormwater management part of the code (Part A) compliance for community infrastructure can be demonstrated in the land designation process and any development assessment process in accordance with the probable solutions stated PS1.1 to PS 5.1.

4.33 Infrastructure providers may review existing water management policies and guidelines in accordance with design objectives set out in Chapter 2 in Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines as amended. The role of the designator is to have regard to the draft Policy to ensure the outcomes of the draft Policy are achieved in relation to the community infrastructure proposed.



Figure 2Assessment flowchart(from EPA Operational draft Policy “Waste Water Discharge to Aquatic Environments”http://www.epa.qld.gov.au/environmental_management/water/environmental_values__environmental_protection_water_draft Policy_1997/specific_issue_policies__waste_water_discharge_and_environmental_offsets/)

25

http://www.epa.qld.gov.au/environmental_management/water/environmental_values__environmental_protection_water_policy_1997/specific_issue_policies__waste_water_discharge_and_environmental_offsets/



Task set

Activity Tasks list

1 Describe the proposed activity

Define the industry type and size (proposed production).Is a residual waste water discharge proposed, or is the discharge assessed as low risk of having an adverse effect on an environmental value?Identify the potential contaminants of concern in the proposed discharge.Check the characteristics of the proposed discharge (quality/quantity/variability).Check the location and configuration of the proposed discharge.Have all reasonable and practicable measures been used to avoid or minimise the discharge (for example best practice, source reduction, recycling)?

2 Describe the receiving environment

Identify water bodies potentially affected by the proposed discharge. For each water body, what are the sustainable loads for key contaminants? What proportion of the sustainable load is used by this proposal?Check government planning requirements that apply to these water bodies (e.g. Ramsar, Referable Wetlands, National Parks and Fish Habitat Areas).Has relevant information on the receiving environment been provided? Is it adequately described given the contaminants and risks associated with the proposed discharge?Are the EVs and WQOs for these waters listed in the EPP Water Schedule 1?(If not EVs and WQOs from the Queensland Water Quality Guidelines 2006 and ANZECC Water Quality Guidelines apply).Have other sources and loads of contaminants in the catchment, including future loads, and previous history, been considered?

3 Predict outcomes of the proposed activity

Identify the need for predicting outcomes of the proposed activity (i.e. is modelling required?) and what predictive methods/models were used.Were the predictive methods used appropriately?If a mixing zone is proposed; check the EPP Water, Environmental Protection Regulation 1998 (EP Reg) and ANZECC Water Quality Guidelines.For receiving water bodies, are WQOs met and EVs protected? If not, does the activity contribute to achieving them in the future?Determine the need for consideration of environmental offsets.

4 Set limits, circumstances and monitoring conditions

Specify any circumstances (for example limitations or timing issues) related to the approved discharge.Derive end-of-pipe limits from approved discharge loads/characteristics.Include compliance monitoring for the end-of-pipe/receiving environmentInclude reporting requirements for the approved activity. As required, condition the execution of an environmental offset agreement.

Table 1Task list for assessing a proposed waste water discharge


5. INFORMATION AND ADVICE ON THE DRAFT POLICY

Sources of information and advice5.1 Further information on water quality management issues can be found in the

publications listed in Appendix 2.

5.2 For information on environmental values and water quality objectives see the Environmental Protection (Water) Policy 1997. This draft Policy is under review. The Department of Environment and Resource Management (DERM) web site (http://www.epa.qld.gov.au/environmental_management/water) should be consulted for the current status of the review.

5.3 For details about stormwater quality management issues the Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines should first be consulted.

5.4 For information on offsets policies see the Queensland Government Offset draft Policy 2008http://www.epa.qld.gov.au/environmental_management/planning_and_guidelines/policies_and_strategies/environmental_offsets/

5.5 Officers from the Queensland Department of Environment and Resource Management (DERM) can provide advice on the implementation of the draft Policy including relevant environmental values, water quality objectives, design objectives, best practice urban storm water quality management and waste water management, and reflecting the draft Policy in a planning instrument and environmental offsets. Contact details are:

DERM Customer Service Centre160 Ann StreetBrisbane Qld 4000Telephone 1300 368 326Fax (07) 3115 9600Email [email protected]

5.6 Officers from the Queensland Department of Infrastructure and Planning can provide advice on reflecting the draft Policy in a planning instrument, and the operation of the Integrated Development Assessment System.

Role of stakeholders5.7 Role of the assessment manager - the role of the assessment manager is to:

determine whether the application contains sufficient information, and issue an information request if more information is required;

assess the application against the draft Policy including Annex 1, and the planning scheme; and

impose conditions to achieve the draft Policy outcomes if the application is to be approved.

5.8 The assessment manager should not approve development applications that do not achieve the draft Policy outcomes.

5.9 Role of the developer - the applicant identifies the water quality and flow management issues on the subject site and level of risk. The applicant then demonstrates that the proposal design achieves the relevant development outcomes and incorporates


http://www.epa.qld.gov.au/environmental_management/planning_and_guidelines/policies_and_strategies/environmental_offsets/


http://www.epa.qld.gov.au/environmental_management/water

appropriate management provisions. The developer implements the conditions of any approval.

5.10 Role of the State agency - the State agency responsible for implementation of the draft Policy provides the information and guideline materials necessary to assist stakeholders in incorporating the draft Policy in planning instruments and development assessment.

Review of the draft Policy5.11 Section 5.4 of the draft Policy provides for regular reviews by the DERM of finalised

Policy. The purpose of the reviews include: Updating design objectives for urban stormwater management – treatment train

design and technology is undergoing rapid development; Keeping abreast of best practice waste water management; Streamlining the development assessment codes at Annex 1 of the draft Policy;

and Addressing the ongoing operation and effectiveness of the planning provisions of

the draft Policy (Section 3) in line with changes to the planning legislation.

5.12 A review report will be undertaken within five years of the draft Policy coming into effect as a State Planning Policy.

5.13 It is thought that a review after several years of operation of the draft Policy will be adequate. Information on the above points will be recorded as received.

5.14 Statutory processes apply in making or amending a State Planning Policy including the code at Annex 1. The process includes public consultation on any significant amendments to the code.


ANNEX 1: Development Assessment Code

Part A - Urban Stormwater Management

The purpose of this code is to protect receiving water environmental values from development impacts arising from urban stormwater quality and altered stormwater flow by providing for development and construction activities in accordance with design objectives for assisting in achieving water quality objectives. The guidelines referred to by the code may be reviewed by the DERM whenever water quality policies and guidelines relevant to best practice environmental management in Queensland are created or amended.

The following existing instruments and policies may deal with water quality issues for development in ways that are related to this code:

Local government planning scheme – may impose additional assessment criteria or limits via land use zonings, development assessment triggers and codes. Where there is an inconsistency between a planning scheme provision and the draft Policy that would result in water quality outcomes worse than the draft Policy provisions, the draft Policy would prevail.

Regional plans under the IPA – may impose draft Policy and regulations dealing with stormwater or waste water and achieving water quality objectives in a region. The SEQ Regional Plan 2009-2031 is a statutory regional plan while several other regional plans made under IPA are non-statutory. This code prevails unless stated otherwise in a statutory regional plan.

Water Act 2000 - Water Resource Plans may require operational works involving taking overland flow waters to be assessed against the Code for Assessable Development for Operational Works for Taking Overland Flow Water. There should be no inconsistency between the Urban Stormwater Code provisions (Part A of the code) and the Code for Assessable Development for Operational Works for Taking Overland Flow Water.

To assist application of this code the following information and guidelines on the Department of Environment and Resource Management (DERM) web site should be consulted in the first instance:

http://www.epa.qld.gov.au/environmental_management/water/environmental_values__environmental_protection_water_policy_1997/urban_stormwater_management/

http://www.epa.qld.gov.au/environmental_management/water/queensland_water_quality_guidelines/

Part B - Waste Water

The purpose of this code is to protect receiving water environmental values from waste water impacts on water quality objectives.

This code is intended to assist application of the waste management hierarchy. The hierarchy has elements which are sequential and each step builds on the mechanisms implemented to achieve the preceding step.

The waste hierarchy describes types of waste management practices, listed in the preferred order of adoption—

o avoid and minimiseo re-useo recycle and recover resources






o treat and dispose in the preferred order of disposal to sewer, to a surface water and to groundwater.

The preferred option is waste water avoidance and the least preferred option is contaminant release to surface or groundwater. It is intended that the waste hierarchy applies to all forms of contaminant releases to waters.

Coastal algal blooms are caused in part by waste water discharges containing nutrients such as iron, phosphorus, nitrogen, and/or organic matter. Areas with a high risk of these nutrients finding their way into waste water discharges include areas containing appreciable concentrations of iron, phosphorus, nitrogen and/or organic matter or where management or landuse activities contribute to intensification or mobilisation of these nutrients of concern. Specifically these areas may include: areas where site conditions (e.g. water logging and anaerobic conditions, perched

groundwater tables) promote formation of nutrients into bioavailable form; and, areas where the site conditions readily promote transport of nutrients to waterways (e.g. highly

transmissive, permeable soils such as Podosols and perched water tables).

The following documents provide further information on these issues: Coastal algal blooms–Implementation Guideline for the Management of Nutrients of

Concern for Coastal Algal Bloom and associated technical guidelines. Acid Sulfate Soils–State Planning Policy 2/02 Planning and Managing Development

involving Acid Sulfate Soils

Specific outcome SO4 is aimed at addressing management of the coastal algal bloom issue for development in these nutrient hazard areas. To assist application of this code the following information and guidelines are on the Department of Environment and Resource Management (DERM) web site:

Waste water general informationhttp://www.epa.qld.gov.au/environmental_management/water/wastewater/

Waste management hierarchy informationhttp://www.epa.qld.gov.au/environmental_management/waste/waste_management/waste_management_laws/

Environmental Values and Water Quality Objectiveshttp://www.epa.qld.gov.au/environmental_management/water/environmental_values__environmental_protection_water_policy_1997/

Algal blooms informationhttp://www.epa.qld.gov.au/environmental_management/coast_and_oceans/marine_habitats/lyngbya_updates/

This information may be reviewed by the DERM whenever water quality policies and guidelines relevant to best practice environmental management in Queensland are created or amended.

Part C - Non-tidal Artificial Waterways

The purpose of this code is to protect receiving water environmental values from development impacts arising from non-tidal artificial waterways (e.g. urban lakes). The code provides for location, design, development and construction activities in accordance with local guidelines and the specific outcomes. The acceptable solutions are aimed at assisting in achieving water quality objectives in receiving waters.


http://www.epa.qld.gov.au/environmental_management/coast_and_oceans/marine_habitats/lyngbya_updates/

http://www.epa.qld.gov.au/environmental_management/coast_and_oceans/marine_habitats/lyngbya_updates/

http://www.epa.qld.gov.au/environmental_management/water/environmental_values__environmental_protection_water_policy_1997/

http://www.epa.qld.gov.au/environmental_management/water/environmental_values__environmental_protection_water_policy_1997/

http://www.epa.qld.gov.au/environmental_management/waste/waste_management/waste_management_laws/

http://www.epa.qld.gov.au/environmental_management/waste/waste_management/waste_management_laws/

http://www.epa.qld.gov.au/environmental_management/water/wastewater/

The guidelines referred to by the code may be reviewed by the relevant authorities whenever water quality policies and guidelines relevant to best practice environmental management in Queensland are created or amended. Guidance documents listed below are aimed at ensuring that where constructed waterways and lakes are proposed in non-tidal areas that they are designed and operated as long term sustainable assets:

Gold Coast City Council 2007 “Planning Scheme Part 7 Codes – Changes to ground level and creation of new waterbodies”

Mackay City Council 2008 “Engineering Design Guidelines Constructed Lakes – Planning Scheme draft Policy No.15.15”

Melbourne Water 2005 “Constructed Shallow Lake Systems – Design Guidelines for Developers” ver 2 November 2005

Western Australia Planning Commission 1999 “draft Policy No. DC 1.8 – Canal estates and other artificial waterway developments.”

Reference should also be made to recent studies on maintenance issues including: South East Queensland Healthy Waterways Partnership 2007 “Constructed waterbodies

in Urban Areas of SEQ – Maintenance issues and costs to local government.”

Development with artificial waterways is also relevant to Annex 1 for urban stormwater quality management. For Annex 1 Part C Specific Outcome 4.1 the provisions of Annex 1 Part A Development

Assessment Code – Urban Stormwater Management are applicable (SO3). For Annex 1 Part C Specific Outcome SO5 should provide for probable solutions such as

in Annex 1 Part A Urban Stormwater Management (SO4, SO5) of this draft Policy.


APPENDIX 1

Best practice water quality management

Best practice water quality management can be described in terms of the following management principles. Total water cycle managementWater users must acknowledge water as a valuable and regionally finite resource and manage it on a total water cycle basis. Decisions affecting the natural water cycle must be based on total water cycle management (TWCM) principles. These are: recognising all potential sources of water, including waste water and stormwater; using all water sources sustainably; allocating and using water equitably for residential, industrial, agricultural and

environmental uses; and integrating water use and natural water processes, including maintaining environmental

flows and water quality.

Local government and other water providers should adopt the principles of total water cycle management, minimise water use and water losses, and meet water consumption targets. Best practice standards should be used for the planning, design and operation of sewage, stormwater and waste water collection, transport, treatment, disposal and reuse.

The draft Policy acknowledges that TWCM and its elements operate at various spatial scales including the regional or catchment scale where it informs regional Water Quality/Quantity Management Planning. At the local scale TWCM informs local government stormwater and waste water management planning and the widespread adoption of water sensitive design.

Integrated waterway managementLand and water managers should aim to maximise the integration between planning and management of water quantity, water quality, natural resources and social and economic considerations to achieve the following principles of integrated waterway management: conservation of biological diversity and ecological integrity; provision of environmental flows; allocating and using water equitably for residential, industrial, agricultural and

environmental uses.

Adaptive management (continuous improvement)Consistent with the above two principles and Part 2 of the Environmental Protection Act 1994 (EP Act), waters should be managed adaptively on a catchment basis by: Establishing the current state of the waters, their environmental values and objectives; Developing effective management strategies to address threats to these values; Implementing these strategies and integrating them into efficient waterway management

for the catchments’ waters; and Monitoring, evaluating, reporting and, where necessary, improving on these strategies.

Water sensitive urban designWater Sensitive Urban Design (WSUD) is an holistic approach to the planning and design of urban development that aims to minimise impacts on the natural water cycle and protect the health of aquatic ecosystems. It promotes the integration of stormwater, water supply and sewerage management at the development scale. The principles of WSUD include: protect existing natural features and ecological processes; maintain natural hydrologic behaviour of catchments; protect water quality of surface and ground waters;


minimise demand on the reticulated water supply system; minimise sewage discharges to the natural environment; and integrate water into the landscape to enhance visual, social, cultural and ecological

values.

WSUD is a nationally recognised concept, and may be viewed as integrating the holistic management of the urban water cycle into the planning and design of the built form of an urban development. WSUD adopts a planning and design approach that integrates multiple opportunities into the built form of individual allotments, streets, suburbs and even master planned communities or precincts.

Appendix 3 lists relevant WSUD technical and conceptual guidelines currently in use in Queensland.

Best Practice Environmental Management – urban stormwaterState, regional and local planning instruments address the long term direction and outcomes sought by the community and government. Development assessment decisions should account for draft Policy provisions as well as local planning requirements e.g. relevant zone or overlay in a planning scheme determines the land use outcomes.

The draft Policy provides for best practice environmental management of urban stormwater, waste water quality, and non-tidal artificial waterways management.

The Draft Urban Stormwater - Queensland Best Practice Environmental Management Guidelines (DERM 2009) identifies the relevant legislation, plans, strategies and guidelines which councils should give effect to via planning schemes and development assessment decisions.

These Guidelines also outline best practice for urban stormwater management. The design objectives in Chapter 2 of these Guidelines are minimum objectives based on achievable technical design options. The technical response must be demonstrated to be best practice urban stormwater management as the design objectives can be achieved by a range of options in combination.


APPENDIX 2

Some information sources - water quality management

Legislation and draft PolicyARMCANZ and ANZECC, 2000, Australian Guidelines for Urban StormwaterManagement

Queensland Government Environmental Offsets Policy (2008)http://www.epa.qld.gov.au/environmental_management/planning_and_guidelines/policies_and_strategies/environmental_offsets/

Queensland Government, Office of Urban Management “South East QueenslandRegional Plan”, July 2009.

Queensland Government (EPA) 2008 Climate Change in Queensland: what the science is telling us. Environmental Protection Agency, Brisbane.

Queensland Government (EPA) 2007 ClimateSmart 2050 Queensland Climate Change Strategy 2007: a low carbon future. Queensland Government Brisbane.

Urban stormwater quality information - Department of Environment and Resource Management (DERM) website (www.epa.qld.gov.au)

Statewide resource documentsCRC for Catchment Hydrology (2002) MUSIC User Manual

Department of Natural Resources and Water (2007) Queensland Urban Drainage Manualhttp://www.nrw.qld.gov.au/services_resources/item_details.php?item_id=31830&topic_id=23

Queensland EPA 2006 Queensland Water Quality Guidelineshttp://www.epa.qld.gov.au/environmental_management/water/queensland_water_quality_guidelines/

Southeast QueenslandBrisbane City Council (2005) Water Sensitive Urban Design Engineering Guidelines

Department of Infrastructure and Planning (2009) SEQ Regional Plan Implementation Guideline No. 7 Water Sensitive Urban Design – Design objectives for urban stormwater management

Gold Coast City Council (2007) Water Sensitive Urban Design (WSUD) Guidelines

Maroochy Shire Council (2006) WSUD Guidelines & (2007) Urban Erosion & Sediment Control Manual (now Sunshine Coast Regional Council)

SEQ Healthy Waterways (2006) Water Sensitive Urban Design – Developing design objectives for water sensitive urban development in SEQ

SEQ Healthy Waterways Partnership (2006) Water Sensitive Urban Design Technical Design Guidelines for SEQ (formerly Moreton Bay Waterways and Catchments Partnership)

SEQ WQIP http://www.healthywaterways.org/TheStrategy.aspx


http://www.healthywaterways.org/TheStrategy.aspx



http://www.nrw.qld.gov.au/services_resources/item_details.php?item_id=31830&topic_id=23



Other Queensland areasBarron/Trinity Inlet http://www.terrain.org.au/index.php?option=com_frontpage&Itemid=52

Burdekin WQIP http://www.burdekindrytropics.org.au/projects/coastal_catchments.html

Burnett-Baffle WQIP http://www.bmrg.org.au/information.php/2/79

Coastal Catchments Initiative http://www.environment.gov.au/coasts/pollution/npa/pubs/cci.pdf

Douglas WQIP http://www.cityofcairns.qld.gov.au/dsc/Page/Download.aspx?name=WQIP_January07.pdf&size=2155337

Mackay-Whitsunday WQIP http://www.mwnrm.org.au/programs/water_quality_improvement_plan.html

Mackay City Council (2006) Urban Stormwater Quality Management Plan

Policy for the Maintenance & Enhancement of Water Quality in Central Queensland (Joan Meecham DLGP 2003).

Ross-Black Basins (Townsville) WQIP http://www.creektocoral.org/cci/index.html

Tully WQIPhttp://www.terrain.org.au/index.php?option=com_frontpage&Itemid=52


http://www.terrain.org.au/index.php?option=com_frontpage&Itemid=52

http://www.creektocoral.org/cci/index.html

http://www.mwnrm.org.au/programs/water_quality_improvement_plan.html

http://www.cityofcairns.qld.gov.au/dsc/Page/Download.aspx?name=WQIP_January07.pdf&size=2155337

http://www.cityofcairns.qld.gov.au/dsc/Page/Download.aspx?name=WQIP_January07.pdf&size=2155337

http://www.environment.gov.au/coasts/pollution/npa/pubs/cci.pdf

http://www.bmrg.org.au/information.php/2/79

http://www.burdekindrytropics.org.au/projects/coastal_catchments.html

http://www.terrain.org.au/index.php?option=com_frontpage&Itemid=52

APPENDIX 3

Water quality legislation

The primary water quality management legislation in Queensland is the Environmental Protection Act 1994 (EP Act). Figure 3 below outlines how the EP Act and its policies provide direction to stakeholders on water quality management. This draft Policy is a key component for providing direction on water quality management in IPA planning and development assessment.

The EP Act provides a clear statutory framework for setting and achieving community endorsed environmental values (EVs) and water quality objectives (WQOs). Under the EP Act the Environmental Protection (Water) Policy 1997 and its 2009 replacement (EPP Water) establishes the EVs of Queensland waterways and water quality objectives (WQOs) to protect those EVs. As a legally enforceable statutory instrument, the EP Act with the EPP Water provides the cornerstone for the range of environmental protection and management activities required to achieve the WQOs and protect the EVs in Queensland waterways.

The EPP Water contains Schedule 1 with catchment specific EVs and WQOs currently including: Moreton Bay/ South-East Queensland rivers Mary River Basin/Great Sandy region Douglas Shire waters and Trinity Inlet (Cairns).

Further catchment EVs and WQOs are under development. The EPP Water and Queensland Water Quality Guidelines 2006 provide receiving water EVs and WQOs in other freshwater, estuarine and marine waters where no catchment specific values have been established in Schedule 1.

The ongoing aim of the framework is to ensure urban stormwater management contributes to achieving the Environmental Values (EVs) and Water Quality Objectives (WQOs) for SEQ waterways and Moreton Bay. The Department of Environment and Resource Management (DERM) has established EVs and WQOs for waterways in SEQ through a community consultative process. The WQOs provide planning targets for receiving water quality in ambient conditions to help achieve the objective of the EPP Water.

The current framework comprises three State planning instruments acting through local government planning schemes:

Environment Protection (Water) Policy — the EPP Water establishes the State interest in protecting and managing urban stormwater in development assessment and State/regional/local planning. The EPP Water and its guidelines establish EVs and WQOs and state how they should be considered in decision making. The EPP Water 1997 was recently replaced by the EPP Water 2009.

South East Queensland Regional Plan 2009–2031—the SEQ Regional Plan endorses the consideration of EVs and WQOs in planning and development assessment decisions.

State Coastal Management Plan 2001 (SCMP)—the SCMP includes water quality and urban stormwater management policies for coastal waters—to be considered in planning and development assessments under the Integrated Planning Act 1997 (IPA). The SCMP’s aim is to maintain and protect the EVs of coastal waters. Its regional derivative, the South East Queensland Regional Coastal Management Plan 2006, is consistent with the SEQ Regional Plan, and has the effect of a State planning draft Policy under the IPA. Guidelines for construction stage urban stormwater management (commonly termed ‘sediment and erosion


control’) are included in the State Coastal Management Plan Implementation Guidelines. The SCMP is currently under review.

Figure 3 Role of the EPP Water and draft Policy

Environmental Protection Act 1994 – Provides for assessment and regulation of environmentally relevant activities including those with liquid waste. Also requires persons to ensure that their actions do not result in harm to environmental values (the general environmental duty). The Environmental Protection (Water) Policy addresses water quality management through: scheduling of local environmental values for Queensland waters (currently Moreton

Bay/South-east Queensland Region, Mary River Basin/Great Sandy Region and the Daintree catchments and Trinity inlet);

guidance to administering authorities when making environmental management decisions regarding waste water, stormwater, acid sulfate soils, waste disposal from ships and other matters; and

establishment of the Queensland Water Quality Guidelines (QWQ Guidelines).

Figure 3 sets out the conceptual relationship of the EPP Water to the EP Act, draft Policy and the EP Reg.

In addition the following legislation deals with related water quality management matters as described. The relationship of the draft Policy is also described.


Building Act 1975 and the Queensland Development Code (QDC) - Among other things this legislation establishes the QDC for assessment criteria which are Queensland specific building standards consolidated into one document. Parts of the QDC may have legislative effect or be advisory only. Water management issues addressed include rain water tanks, erosion and sediment control, and sustainable housing. The QDC requirements affect building design and location. These issues are not addressed in the draft Policy or its codes.

The draft Policy addresses best practice stormwater quality infrastructure for multi dwellings or lots (e.g. new suburbs and industrial/commercial parks). The draft Policy does not address building standards or site activities as other requirements such as the QDC include mandatory or model design standards that also compliment the outcome of the draft Policy (e.g. see Part 9 Stormwater Drainage, Part 16 Erosion and Sediment Control, Part 25 Water Savings Targets).

Coastal Protection Management Act 1995 Development on the coast is subject to the policies and measures outlined in the Coastal Management Plans. Under this legislation water quality issues are dealt with by reference to the EPP Water 1997 and environmental values for water. The draft Policy provisions are applicable to coastal development consistent with the relevant Coastal Plans for the State and a region.

Environmental Protection Act 1994The licensing of Environmentally Relevant Activities (ERAs) under the EP Act is not development that is addressed by the draft Policy. The draft Policy does address waste water management for development that is not an ERA.

Plumbing and Drainage Act 2002 This Act sets out the community health requirements for plumbing water, sewage, and waste water management onsite. These issues are therefore not addressed by the draft Policy.

Vegetation Management Act 1999 This Act (the VMA) limits the clearing of native vegetation in urban and non-urban areas through a general prohibition on clearing while allowing for relevant purposes with control measures under regional vegetation management codes and policies. The draft Policy mainly applies to development made assessable by local government and applies to water quality matters mainly in areas with urban, commercial and industrial development. There is therefore no overlap between the draft Policy and the VMA code provisions.

Water Act 2000 This legislation provides for water supply catchment protection, water allocation including environmental flows as well as control measures for efficient water use in water related developments that are self assessable and code assessable under IPA. The draft Policy Healthy Waters deals with development with waste water discharge and stormwater quality. The draft Policy does not affect the jurisdiction of water use efficiency for water related development under the Water Act 2000. However, permits or licences may still be required under the Water Act 2000 to undertake any works or taking of water identified in an application, or required as a result of the draft Policy. The draft Policy including the associated assessment codes, does not remove the requirement for a license or permit to be obtained prior to undertaking works.

The Water Act 2000 regulates development in catchments which are designated as Declared Catchment Areas (DCA) within the Water Regulation 2002. Involvement in the


assessment of proposals in the DCA is in accordance with the suite of development as outlined in the Integrated Planning Regulation 1998.

Water Supply (Safety and Reliability) Act 2008 This Act deals with the safety and reliability of the water supply for protecting public health. It regulates service providers that own water and sewerage services including drinking water services. It also regulates recycled water providers for recycled water quality where the recycled water is intended to be reused (not discharged to a waterway). Referrable dams and flood mitigation are also dealt with. The draft Policy provides for protection of water environmental values other than public health. Service providers with waste water for discharge to waterways are subject to the draft Policy. Local governments may also be service providers.

Wild Rivers Act 2005 – Provides for wild river declarations for a wild river area detailing those developments that are subject to assessment against the Wild Rivers Code. The Wild Rivers Code may impose additional assessment criteria dealing with liquid waste and achieving water quality objectives.


integrated planning act 1997 - cabinet · web viewthe purpose of the draft state planning policy...

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