State Planning Policy 2/07 Protection of Extractive Resources Queensland the Smart State #DME28269 State Planning Policy 2/07 Protection of Extractive Resources Integrated Planning Act 1997 STATE PLANNING POLICY 2/07 Protection of Extractive Resources The Minister for Local Government, Planning and Sport adopted State Planning Policy 2/07 on 8 June 2007. Making of the State Planning Policy State Planning Policy 2/07 was made under Schedule 4 of the Integrated Planning Act 1997. Commencement State Planning Policy 2/07 took effect on 3 September 2007. ISBN 978-1-7417-2569-8 Copyright © State of Queensland 2007 The State of Queensland (“the state”) owns copyright in this publication, unless otherwise cited. Except as permitted under the Copyright Act 1968 (Cmlth), material in this publication must not be produced in any form without the written consent of the relevant copyright owner. All enquiries to obtain permission to reproduce material in this publication should be directed to: The Manager Mineral and Extractive Planning Department of Mines and Energy PO Box 15216 City East Qld 4002 [email protected] 2 State Planning Policy 2/07 EXPLANATORY STATEMENT Need to protect extractive resources Extractive resources include sand, gravel, quarry rock, clay and soil and are used in concrete, asphalt, road bases and a range of other products. They are essential to our way of life as they are the raw materials for building our homes, hospitals, schools and factories, as well as the supporting infrastructure, such as roads, railways, water supply and sewerage systems. The main markets for extractive resource products are the urban communities around Queensland experiencing high and sustained population growth. The location of extractive resources is determined by geological conditions and is finite. They need to be accessed where they naturally occur and also be close to their markets. Unfortunately this can result in conflict between extractive industry and other, incompatible land uses, such as residential uses, that have the potential to sterilise the availability of the extractive resource. Outcome sought by SPP 2/07 SPP 2/07 identifies those extractive resources of State or regional significance where extractive industry development is appropriate in principle, and aims to protect those resources from developments that might prevent or severely constrain current or future extraction when the need for the resource arises. The Policy identifies the location of such extractive resources as Key Resource Areas (KRAs), each of which contain three elements – a resource/processing area, a separation area and an associated transport route (which also includes a transport route separation area) where such a link is needed from the resource/processing area to a major road or railway. The resource/processing area generally identifies the location of the extractive resource itself. The adjoining separation area identifies the area that may be affected by the residual impacts of existing or future extractive operations in the resource/processing area, and also provides a buffer between those operations and any incompatible uses beyond and adjoining the separation area. SPP 2/07 seeks to ensure that as far as practicable, development within a resource/processing area, the separation area of a KRA and the associated transport route’s separation area are compatible with existing or future extractive industry. However SPP 2/07 recognises that there are acceptable circumstances where this outcome might not be achieved, namely where there are existing development commitments or an overriding public interest for another use of the land. SPP 2/07 also recognises that extractive industry development in certain KRAs will need to comply with the requirements of the vegetation management codes under the Vegetation Management Act 1999, particularly where there are State or regional biodiversity values; any adverse impacts on those values should be avoided or mitigated. As some resources have not yet been fully explored in detail, the resource/processing area boundary may not accurately reflect the workable extractive resource. It is therefore possible that extractive industry developments may occur in the existing separation area. However, extractive industry development should only occur in the separation area where the function of the separation area as a buffer is not compromised. State Planning Policy 2/07 3 Implementing SPP 2/07 SPP 2/07 will influence land use planning and development decisions within KRAs. In particular, it will help shape planning schemes of local governments with KRAs in their areas. While SPP 2/07 endorses the principle of extractive industry development in a resource/processing area of a KRA and identifies appropriate transport routes, development applications for new extractive industry operations in a KRA will be subject to the normal assessment process under the ‘Integrated Development Assessment System’ (IDAS). Therefore, the assessment would include not only SPP 2/07, but also detailed consideration of the relevant environmental, amenity and traffic policies and the requirements in the applicable local government planning scheme and other relevant considerations under IDAS (e.g. the State Policy and regional codes for vegetation management under the Vegetation Management Act 1999 and requirements imposed on ‘environmentally relevant activities’ under the Environmental Protection Act 1994). People will continue to have the opportunity to make submissions on development applications that are subject to impact assessment, and those submissions must be considered in the assessment. Accordingly, SPP 2/07 does not guarantee that a particular development application for an extractive industry in a KRA will be approved. However, of the 100 KRAs listed by the Policy, 90 already have current extractive industry development approvals, and the SPP can be used to protect these KRAs from incompatible development where such development is not already committed. Reflecting the SEQ Regional Plan This State Planning Policy is consistent with the SEQ Regional Plan, which aims to protect extractive resources for potential future extraction and their associated transport corridors. The SEQ Regional Plan relies on the SPP to provide the detailed basis for achieving this aim. 4 State Planning Policy 2/07 PART 1⎯ POLICY OUTCOME 1 Outcome sought by the Policy (1) The Policy outcome is to identify those extractive resources of State or regional significance where extractive industry development is appropriate in principle, and protect those resources from developments that might prevent or severely constrain current or future extraction when the need for the resource arises. PART 2⎯APPLICATION OF THE POLICY 2 State Planning Policy and State Planning Policy Guideline (1) The State Planning Policy: Protection of Extractive Resources (the Policy) is a statutory instrument under the Integrated Planning Act 1997. (2) The State Planning Policy Guideline: Protection of Extractive Resources (the Policy Guideline) provides advice about implementing the Policy, and is declared to be extrinsic material under the Statutory Instruments Act 1992, section 15. (3) Under the Integrated Planning Act 1997, the Policy has effect when development applications are assessed, when planning schemes are made or amended and when land is designated for community infrastructure. (4) Terms used in the Policy and Policy Guideline have the same meaning as defined in the Integrated Planning Act 1997. (5) The Glossary in Section 10 explains particular words used in the Policy. 3 Areas to which the Policy applies (1) The Policy identifies extractive resources of State or regional significance as Key Resource Areas, comprising a resource/processing area, an adjoining separation area and an associated transport route (including a transport route’s separation area) to a major road or railway. Annex 1 describes the Key Resource Area concept in more detail. (2) The Policy applies to premises within a Key Resource Area. (3) The Key Resource Areas are listed by local government area in Annex 2 and are shown on maps in Annex 3. State Planning Policy 2/07 5 4 Development to which the Policy applies (1) The Policy applies to development that is— (a) in any part of a Key Resource Area – reconfiguring a lot; and (b) in a resource/processing area – a material change of use; and (c) in a separation area for a resource/processing area – a material change of use, except for— (i) a caretaker’s residence for extractive industry; (ii) agriculture not involving intensive animal husbandry; (iii) forestry; (iv) nature conservation; (v) land fill or refuse transfer station; and (vi) passive recreational uses such as open space; (d) in a transport route’s separation area – a material change of use that increases the number of people living in the separation area. (e) operational works associated with the making or upgrading of vehicular access to the transport route. (2) However, the Policy does not apply to a domestic activity1. 5 Matters outside the scope of the Policy (1) Except for the matters addressed in 7 (2) below, this Policy does not address the detailed aspects of development approval for extractive industries or the details associated with extractive industry operations, e.g. extracting, processing and transporting extracted resources, as such matters are regulated under the Environmental Protection Act 1994, the Vegetation Management Act 1999, and through development assessment under the