Version 1 - Superseded Planning Scheme
- Citation and commencement
- Part 1 About the planning scheme
- Part 2 State planning provisions
- Part 3 Strategic framework
- Part 4 Local Government Infrastructure Plan (LGIP)
- Part 5 Tables of assessment
- Part 6 Zones
- Part 7 Local plans
- Part 8 Overlays
- Part 9 Development codes
- Part 10 Other plans
- Schedule 1 Definitions
- Schedule 2 Mapping
- Schedule 3 Local Government Infrastructure Plan (LGIP) mapping and tables
- Schedule 4 Notations required under the Sustainable Planning Act 2009
- Schedule 5 Land designated for community infrastructure
- Schedule 6 Planning scheme policies
- Appendices
8.2.3 Biodiversity
8.2.3.1 Application
This code applies to development where the code is identified as applicable in the table of assessment for the biodiversity overlay code and applies to any of the following areas identified on the overlay maps:
- Matters of State Environmental Significance (MSES) overlay map:
- MSES – regulated vegetation (intersecting a watercourse)
- MSES – high ecological value waters
- MSES – high ecological value waters (wetland)
- MSES – wild rivers (high preservation area)
- MSES - 'high ecological significance' wetlands
- MSES – wildlife habitat
- MSES - regulated vegetation
- MSES – protected area
- MSES – declared fish habitat
- MSES – marine park
- MSES – legally secured offset area
When using this code, reference should be made to section 5.3.2 and where applicable, section 5.3.3 located in Part 5.
8.2.3.2 Purpose
- The purpose of the biodiversity overlay code is to:
- Protect or enhance matters of national (MNES) and state environmental significance (MSES) and their associated ecological processes and biodiversity values.
- Maintain or enhance the health and resilience of biodiversity to support ecological integrity.
- Maintain or enhance ecological connectivity to preserve fauna movement, habitat values, remnant vegetation and ecological processes.
- Protect or enhance water quality, ecosystem health and the natural hydrological functioning of waterways, wetlands and their riparian areas and buffers.
- Protect, rehabilitate and manage coastal natural resources, biodiversity and ecosystem services values.
- The purpose of the code will be achieved through the following overall outcomes:
- Development avoids adverse impacts on matters of state environmental significance (MSES) and matters of national environmental significance (MNES) and their associated ecological processes and biodiversity values, unless:
- it is demonstrated that MNES or MSES do not exist on the site, or
- where adverse environmental impacts cannot be avoided, impacts are minimised and an environmental offset is provided for any residual adverse impacts and a net environmental benefit is achieved.
- Development avoids direct and indirect impacts resulting in species or habitat loss or disturbance, soil degradation or pollution due to vegetation clearing, erosion and contamination, acidification, salinity, waste disposal or modification to natural processes.
- Fragmentation of remnant vegetation, ecological corridors and existing habitat is avoided to maintain ecological function and biodiversity values and to maintain or increase the resilience of ecosystems and habitat to threatening processes, including the impacts of climate change.
- A network of connecting corridors and linkages between areas supporting MNES, MSES, wetlands, waterways, remnant vegetation, habitat areas and other natural areas are maintained, created or restored, including provision for continuous links from the coast to upper catchments.
- Development including infrastructure, is designed and located to maintain and enhance continuity of wildlife movement (including fish passage) and ecological processes for terrestrial and aquatic species.
- The hydrological regime of wetlands and waterways is protected and rehabilitated.
- Development avoids encroachment or expansion into sensitive terrestrial or aquatic habitats along the foreshore or riparian areas unless it is for management of public access, recreation, public use or other public benefit.
- Development maintains sustainable community access to beaches, waterways, national parks and other land in protected area estates.
- Development incorporates and maintains an appropriate buffer in accordance with minimum best practice distances so as to avoid adverse impacts.
- Development maintains or enhances the scenic amenity of important natural coastal landscapes, views and vistas.
- Development avoids adverse impacts on matters of state environmental significance (MSES) and matters of national environmental significance (MNES) and their associated ecological processes and biodiversity values, unless:
8.2.3.3 Assessment criteria
Table 8.2.3.3.1—Self–assessable and assessable development
Editor's note—For specified self–assessable community infrastructure, only the Wetland Protection Area provisions of the code apply.
Performance outcomes |
Acceptable outcomes |
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Environmental protection and buffering | |
PO1 Development maintains and protects MNES (Matters of National Environmental Significance) and MSES (Matters of State Environmental Significance) by:
Note—For MNES, consideration must be given to the requirements of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Note—To assist in demonstrating achievement of this performance outcome, a detailed environmental and ecological assessment to confirm the extent and nature of values is required to be undertaken by applicants. |
AO1 Development locates outside of an area supporting MSES (Matters of State Environmental Significance). |
PO2 Development is setback from and provides an adequate vegetated buffer to significant vegetation, habitats and areas containing MSES in order to:
Note—Any setbacks or other areas required for bushfire management, safety, recreation, maintenance or any other purpose are provided in addition to a vegetated buffer provided for ecological and environmental protection purposes. Note—An alternative buffer width may be proposed where buffers for significant species and ecological communities, including areas of habitat for listed threatened and migratory species, are based on best practice and current scientific knowledge of individual species requirements and supported by an ecological assessment. Other legislation, including the Nature Conservation Act and EPBC Act may establish other requirements with which applicants must comply. |
AO2 A buffer extending from the outside edge of an area of MSES is provided and has a minimum width of:
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PO3 Development within 500m of turtle nesting beaches is located, designed and operated to:
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AO3.1 Development within 500m of a turtle nesting beach ensures any lighting:
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AO3.2 Development is setback from and maintains at least a 200m wide vegetated buffer to turtle nesting beaches. The buffer is maintained in a natural state and is kept free from development. |
|
Wetland and waterway buffers | |
PO4 An adequate buffer to a wetland in a wetland protection area is provided and maintained to:
Note—Any setbacks or areas required for bushfire management, safety, recreation, maintenance or any other purpose, are provided in addition to a vegetated buffer provided for ecological purposes. |
AO4 A development free buffer surrounding a wetland in a wetland protection area is provided and has a minimum width of:
Note—To avoid conflict, where a development requires multiple buffers to be established by this code to protect waterways, ecological corridors, wetlands or MSES, the greatest distances required by this code will prevail to the extent of any inconsistency. |
For all assessable development | |
PO5 Alterations to natural landforms, hydrology and drainage patterns do not adversely impact on areas containing MSES. |
No acceptable outcome is nominated. |
PO6 Development retains and enhances riparian vegetation along watercourses and drainage corridors, and vegetation along timbered ridgelines. |
No acceptable outcome is nominated. |
PO7 Buffering, rehabilitation or restoration, protects and enhances MSES and their underlying ecological processes, habitat and biodiversity values by:
Note—To assist in demonstrating achievement of this performance outcome, an ecological assessment and rehabilitation plan is undertaken by the applicant. |
No acceptable outcome is nominated.
|
PO8 Degraded areas supporting MSES or other environmental values important to the maintenance of underlying ecological processes required to maintain biodiversity, are rehabilitated as near as is practical to the naturally occurring state of native plant species and ecological communities. |
No acceptable outcome is nominated. |
PO9 Development:
|
No acceptable outcome is nominated. |
Significant species, wildlife nesting and breeding areas | |
PO10 Development avoids direct and indirect impacts on significant ecological communities and significant species and their habitats, including disturbance from the presence of vehicles, pedestrian use, increased exposure to domestic animals and noise and lighting impacts. Note—To assist in demonstrating achievement of this performance outcome, a detailed environmental and ecological assessment to identify any significant species or communities that may be impacted by development, is undertaken by applicants. |
No acceptable outcome is nominated. |
PO11 Areas of habitat that support a critical life cycle stage such as feeding, breeding or roosting or ecological function for threatened species, ecological communities or migratory species are protected and not impacted by development. |
No acceptable outcome is nominated. |
Ecological corridors | |
PO12 Development protects ecological corridors, enhances ecological connectivity to habitats on and/or adjacent to the site. Ecological corridors and habitat linkages have dimensions and characteristics to support:
|
AO12.1 Development does not occur in an ecological corridor. |
AO12.2 No acceptable solution is nominated where in an urban residential zone or centre zone. In all other zones including the Rural Zone, Environmental Management Zone, Conservation Zone, all Industry Zones, Emerging Community Zone and Limited Development Zone: Where an ecological corridor is intended to facilitate fauna movement, access or use of an area supporting MNES or MSES, the ecological corridor is maintained and restored to achieve a minimum width of 350m consisting of:
|
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PO13 Isolated habitat areas are linked by a continuous corridor to provide effective ecological connectivity and to create additional linkages along waterways, wetlands, drainage lines, ridgelines, coastlines and other areas where possible. |
AO13 Development provides a continuous corridor having a minimum width of 100m linking areas of protected vegetation to each other and other vegetation areas off–site. |
PO14 Development facilitates the unimpeded use and movement of terrestrial and aquatic fauna accessing the site or likely to use an ecological corridor as part of their normal life cycle by:
|
No acceptable outcome is nominated. |
Monitoring | |
PO15 During construction and operation of development, ongoing management, monitoring and maintenance is undertaken to ensure impacts on areas supporting MNES or MSES and their underlying ecological processes and biodiversity values are avoided or minimised. Note—Compliance with this requirement can be achieved by preparing a Monitoring and Remediation Plan in accordance with best practice. Where necessary, remedial action is identified and carried out on land managed by the entity carrying out the development. |
No acceptable outcome is nominated. |
Environmental offsets | |
PO16 Where it is not possible to avoid adverse impacts on MSES and development has minimised adverse impacts to the greatest extent possible, development provides an offset for any significant residual impact in accordance with the Queensland Environmental Offset Policy 2014. |
No acceptable outcome is nominated. |
Wetland protection area | |
PO17 Development is not carried out in a wetland in a wetland protection area, unless there are no feasible alternatives. |
AO17.1 Development is not carried out:
OR AO17.2 Where AO17.1 cannot be achieved, development is to comply with PO17 – PO26. OR AO17.3 Where AO17.1 or AO17.2 cannot be complied with, an environmental offset as described in PO27, is provided. |
Wetland and waterway buffers | |
PO18 An adequate buffer to a waterway is provided and maintained to:
Note—Any setbacks or areas required for bushfire management, safety, recreation, maintenance or any other purpose, are provided in addition to a vegetated buffer provided for ecological purposes. |
No acceptable solution is nominated where in an urban residential zone or centre zone. AO18 In all other zones including the Rural Zone, Environmental Management Zone, Conservation Zone, all Industry Zones, Industry Investigation Zone, Emerging Community Zone and Limited Development Zone: Other than where cropping for forestry for wood production, a vegetated and development free buffer is provided and maintained extending from the high bank of the waterway or plan position of a waterway (whichever is the greater) and with a minimum width of:
Note—Stream order is mapped on Fish habitat area mapping in OM. |
Wetland hydrology and stormwater management | |
PO19 The existing surface water hydrological regime of the wetland protection area (including the area of the wetland) is enhanced or maintained. Note—The hydrological regime of surface waters includes:
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AO19.1 Development must:
OR AO19.2 If the development cannot enhance existing values in accordance with AO19.1, development does not change the existing surface water hydrological regime of a wetland in a wetland protection area, including through channelisation, redirection or interruption of flows. OR AO19.3 If AO19.1 or AO19.2 cannot be complied with, the extent of any change to the existing surface water hydrological regime is minimised to ensure the wetland values and functioning are protected. The change is minimised if, at least:
|
PO20 The existing groundwater hydrological regime of the wetland protection area (including the area of the wetland) is enhanced or protected. |
AO20.1 The water table and hydrostatic pressure in the wetland protection area are returned to their natural state. OR AO20.2 If AO20.1 cannot be complied with:
Note—Groundwater modelling is recommended where groundwater hydrology for a wetland in a wetland protection area represents a significant environmental constraint for, and interference is proposed by, the proposed development. |
PO21 During construction and operation of development in a wetland in a wetland protection area:
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AO21 Development does not result in any measurable change to the quantity or quality of stormwater entering a wetland in a wetland protection area during construction and operation. Note—Measurable Change is to be determined by comparing the overall development impact with existing baseline (pre–development) conditions, and should not exceed reference environmental values or be inconsistent with water quality objectives provided under the Environmental Protection (Water) Policy 2009, the Urban Stormwater Quality Planning Guidelines 2010, or other relevant supporting technical reference documents as outlined in the guidelines. |
Wetland ecological values | |
PO22 Development involving the clearing of vegetation protects the biodiversity, ecological values and processes, and hydrological functioning of a wetland in a wetland protection area, including:
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AO22 Vegetation clearing undertaken as a consequence of development does not occur in:
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PO23 Development avoids land degradation in a wetland protection area, including:
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AO23.1 Development is not carried out in:
OR AO23.2 Based on the prevailing soil and slope characteristics for the development area, all reasonable and practical measures are implemented to establish development specific engineering designs and solutions for the horizontal and vertical alignment of infrastructure, so as to avoid land degradation in a wetland protection area. AND AO23.3 Filling and excavation operations are carried out, and an erosion and sediment control plan is prepared, and implemented, to minimise land degradation in a wetland protection area. |
PO24 Development in a wetland protection area ensures that any existing ecological corridors are enhanced or protected and have dimensions and characteristics that will:
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AO24.1 Development in a wetland protection area does not occur within an existing ecological corridor. OR AO24.2 If AO24.1 cannot be complied with and an ecological corridor is required to facilitate fauna movement:
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PO25 Development does not result in the introduction of non–native pest plants or animals that pose an increased risk to the ecological values, integrity and processes of a wetland in a wetland protection area. In particular:
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AO25.1 Existing non–native pest plants or animals are removed or their threat is controlled by adopting pest management practices that provide for the long–term function of a wetland in a wetland protection area. AND AO25.2 Development does not result in the introduction of any non–native or pest species in a wetland in a wetland area. |
PO26 During construction and operation of development in a wetland protection area, wetland fauna are protected from impacts associated with noise, light or visual disturbance. |
AO26.1 Development in a wetland protection area does not result in noise, light or visual disturbance impacts on wetland fauna, during construction and operation. OR AO26.2 Where AO26.1 cannot be complied with, an assessment of adverse impacts of the development in a wetland protection area on wetland fauna from the impacts of noise, light or visual disturbance is carried out by a qualified ecologist or equivalent, and recommendations for mitigation of these impacts are identified and implemented. |
Environmental offsets | |
PO27 For development, where it is not possible to enhance existing values or avoid adverse effects or alternatively minimise adverse effects any remaining environmental impacts are offset in accordance with the Queensland Environmental Offset Policy 2014. |
AO27 Where environmental offsets are required in this code, they must be provided in accordance with the Queensland Environmental Offset Policy 2014. |
Monitoring | |
PO28 Development is monitored to ensure environmental values of a wetland in a wetland protection area are maintained. |
AO28.1 A monitoring plan for development construction is prepared and implemented to monitor the effects of development on the ecological and hydrological functioning of a wetland in a wetland protection area. AND AO28.2 Remedial action is carried out on land managed by the entity carrying out the development, where monitoring determines that compliance with the acceptable outcomes is not achieving the relevant policy outcome. |