This regulation may be cited as the Coastal Protection and Management Regulation 2003 .
This regulation commences on 20 October 2003.
The dictionary in schedule 5 defines particular words used in this regulation.
pt hdg sub 2012 SL No. 2 s 4
4Approval of coastal zone map—Act, s 18C
(1)The map called ‘Coastal zone map for Queensland’, certified by the chief executive on 3 October 2011, is approved as the coastal zone map.(2)The exact location of the boundary of the coastal zone shown on the map is held in digital electronic form by the department.s 4 amd 2003 SL No. 260 s 5; 2004 SL No. 316 s 4
sub 2012 SL No. 2 s 4
4ADeclaration of coastal management district—Act, s 54
(1)The area shown as a coastal management district on the map called ‘Coastal Management District For Queensland’, dated 17 November 2015, is declared to be a coastal management district.(2)The exact location of the boundary of the coastal management district mentioned in subsection (1) is held in digital electronic form by the department.s 4A ins 2012 SL No. 2 s 4
amd 2014 SL No. 329 s 3; 2015 SL No. 180 s 4
4BFixing coastal building lines—Act, s 66
(1)Each line shown on the map mentioned in section 4A (1) as a coastal building line for the coastal management district shown on the map is a coastal building line for the district.(2)The exact location of each coastal building line is held in digital electronic form by the department.s 4B ins 2012 SL No. 2 s 4
amd 2014 SL No. 329 s 4
4CAccess to maps and information held in digital electronic form
(1)Each map, and the exact location of each boundary or coastal building line held in digital electronic form, mentioned in sections 4 to 4B can be accessed, free of charge, on the department’s website.At the commencement of this section, the department’s website was at <www.derm.qld.gov.au>.(2)The information held in digital electronic form can be reduced or enlarged to show the details of the boundary or coastal building line.s 4C ins 2012 SL No. 2 s 4
s 5 amd 2004 SL No. 316 s 5
om 2013 SL No. 204 s 3
6Fees for allocations and dredge management plans
The fees payable under the Act in relation to an allocation or a dredge management plan are stated in schedule 3.
pt 3 div 2 sdiv 1 hdg om 2004 SL No. 316 s 6
pt 3 div 2 sdiv 2 hdg om 2004 SL No. 316 s 6
pt 3 div 2 sdiv 3 hdg om 2004 SL No. 316 s 6
For section 102 (1) of the Act, the rate at which royalty is payable is stated in schedule 4.s 7 amd 2004 SL No. 316 s 7
8When royalty payable—Act, s 102
For section 102 (1) of the Act, royalty is payable for quarry material removed under an allocation notice when a notice mentioned in section 80 (2) of the Act is given to the chief executive for the removal.s 8 amd 2004 SL No. 316 ss 7–8
sub 2012 SL No. 2 s 5
9Royalty not payable for particular transport-related matters
(1)No royalty is payable for quarry material removed by any of the following persons if the conditions stated in subsection (2) are satisfied in relation to the removal—(a)the chief executive of the department in which the Transport Infrastructure Act 1994 , to the extent it relates to transport infrastructure other than roads, is administered;(b)a person who manages a public marine facility;(c)a person who is removing the quarry material for a person mentioned in paragraph (a) or (b).(2)For subsection (1), the conditions are—(a)the person removes the material to develop, maintain or improve navigational channels; and(b)the person disposes of the material on land; and(c)the material is to be used for—(i)beach nourishment, filling or reclamation purposes; or(ii)another purpose that does not involve the sale of any of the material.(3)No royalty is payable by a port authority, port lessor, port lessee or port manager for quarry material removed—(a)to maintain or improve navigational channels or navigation in its port if the material is disposed of—(i)in an area associated with port activities and approved by the Minister of the department in which the Transport Infrastructure Act 1994 is administered; and(ii)under relevant statutory environmental controls; or(b)to reclaim land that is, or is proposed to be, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994 .s 9 amd 2004 SL No. 316 s 9; 2010 Act No. 19 s 19
10Royalty not payable for removal of quarry material for particular purposes
No royalty is payable by a person for quarry material removed under an allocation notice if, at the time a royalty for the material would have been payable under section 8, the material—(a)has been, or is being, used for beach nourishment for which the person has a development approval; or(b)is mostly mud, silt, or clay that has been, or is being, disposed of on land for filling or reclamation purposes; or(c)has been, or is being, placed on land to avoid an adverse effect, or a potential adverse effect, on the environment.s 10 sub 2012 SL No. 2 s 6
s 11 amd 2004 SL No. 316 s 8
om 2012 SL No. 2 s 6
s 12 om 2012 SL No. 2 s 6
s 13 om 2012 SL No. 2 s 6
pt hdg ins 2005 SL No. 275 s 3
amd 2014 SL No. 21 s 3
div hdg ins 2014 SL No. 21 s 4
14Work that is prescribed tidal work
(1)For this regulation and the Planning Act, subject to section 15, the following work is prescribed tidal work if it is completely or partly within a local government tidal area—(a)work that is completely tidal work;(b)work consisting of—(i)tidal work; and(ii)a part that is not tidal work if the part is an integral part of the work.(2)In this section—tidal area, for a local government, see the Planning Act, schedule 3.s 14 ins 2005 SL No. 275 s 3
amd 2009 SL No. 280 s 62
15Work that is not prescribed tidal work
(1)The following work is not prescribed tidal work for this regulation or the Planning Act—(a)tidal work within a State managed boat harbour;(b)tidal work for a new or existing structure used for the operation of—(i)a port authority or port operator; or(ii)a public marine facility constructed by or for Queensland Transport, a port authority or a port operator;(c)tidal work for any of the following—(i)creating or changing the configuration or characteristics of a navigational channel;(ii)an inlet or outlet for development for aquaculture if the development is carried out on land and is made self-assessable under the local government’s planning scheme or is development requiring compliance assessment under the Planning Act;(d)tidal work the subject of—(i)a deemed approval; or(ii)a development approval given under the repealed Integrated Planning Act 1997 on or before the day this section commenced; or(iii)a development application made under the repealed Integrated Planning Act 1997 but not decided on or before the day this section commenced.(2)In this section—aquaculture see the Fisheries Act 1994 , schedule.navigational channel means a channel marked by aids to navigation built, erected or placed in tidal water under the Transport Operations (Marine Safety) Act 1994 .Queensland Transport means the department in which the Transport Operations (Marine Safety) Act 1994 is administered.State managed boat harbour see the Transport Infrastructure (Public Marine Facilities) Regulation 2011 , schedule 4.s 15 ins 2005 SL No. 275 s 3
amd 2009 SL No. 280 s 63; 2010 Act No. 19 s 20; 2012 SL No. 2 s 7
div hdg ins 2014 SL No. 21 s 5
16Codes for IDAS for particular tidal work
(1)The code for IDAS for development applications for prescribed tidal work is in schedule 4A.(2)The code for IDAS for self-assessable operational work mentioned in the Sustainable Planning Regulation 2009 , schedule 3, part 2, table 4, item 8(b) is the document called ‘Code for self-assessable development—For tidal works, or work completely or partly within a coastal management district’ dated December 2014 and published on the department’s website.(3)In this section—IDAS means the system detailed in the Planning Act, chapter 6, for integrating State and local government assessment and approval processes for development.s 16 ins 2005 SL No. 275 s 3
amd 2009 SL No. 280 s 64; 2014 SL No. 21 s 6; 2014 SL No. 330 s 3
Part 5 Transitional provisions for Coastal Protection and Management Amendment and Repeal Regulation 2012
pt 5 (ss 17–19) ins 2012 SL No. 2 s 8
In this part—commencement means the day this section commences.previous, if followed by a provision number, means the provision of that number as in force before the commencement.pt 5 (ss 17–19) ins 2012 SL No. 2 s 8
18Continuation of provisions for waiver of royalties for quarry material removed under allocation notice
(1)This section applies if, before the commencement—(a)a person paid royalty for quarry material removed under an allocation notice under previous section 8; and(b)either—(i)the person had applied under previous section 10 for a waiver of royalty in relation to the quarry material but the application had not been decided; or(ii)the person was entitled to apply for a waiver of royalty but had not made an application under previous section 10.(2)Previous sections 10 to 13 continue to apply in relation to the quarry material as if the Coastal Protection and Management Regulation 2003 had not commenced.pt 5 (ss 17–19) ins 2012 SL No. 2 s 8
19Continuation of provisions for existing dredge management plans
(1)This section applies to a dredge management plan continued under section 201 of the Act and in force immediately before the commencement.(2)Sections 6 and 9, schedule 3 and previous sections 10 to 13 continue to apply in relation to—(a)the dredge management plan; and(b)quarry material removed under the dredge management plan.pt 5 (ss 17–19) ins 2012 SL No. 2 s 8
sch hdg sub 2012 SL No. 2 s 9
sch 1 amd 2003 SL No. 260 s 6; 2003 SL No. 269 s 6; 2003 SL No. 321 s 6; 2004 SL No. 216 s 10; 2006 SL No. 221 s 6
sub 2012 SL No. 2 s 9
om 2014 SL No. 329 s 5
sub 2005 SL No. 152 s 4; 2006 SL No. 164 s 4; 2007 SL No. 159 s 4; 2008 SL No. 207 s 4; 2009 SL No. 98 s 4; 2010 SL No. 162 s 8; 2011 SL No. 135 s 8; 2012 SL No. 114 s 4
om 2013 SL No. 204 s 4
$ | ||
1 | Application for an allocation (Act, s 73(2)(b)), allowing the removal of— | |
(a) not more than 10,000m3 of quarry material | 229.50 | |
(b) more than 10,000m3 of quarry material | 682.00 | |
2 | Application to transfer all or part of an allocation (Act, s 82(2)(c)), allowing the removal of— | |
(a) not more than 10,000m3 of quarry material | 71.60 | |
(b) more than 10,000m3 of quarry material | 215.00 | |
3 | Application to renew an allocation notice (Act, s 83(2)(b)), allowing the removal of— | |
(a) not more than 10,000m3 of quarry material | 143.30 | |
(b) more than 10,000m3 of quarry material | 430.60 | |
4 | Application to transfer all or part of an approved dredge management plan (Act, s 95(2)(b) as continued under s 201), allowing the removal of— | |
(a) not more than 10,000m3 of quarry material | 71.60 | |
(b) more than 10,000m3 of quarry material | 215.00 | |
5 | Application to renew an approval of a dredge management plan (Act, s 96(2)(b) as continued under s 201), allowing the removal of— | |
(a) not more than 10,000m3 of quarry material | 143.30 | |
(b) more than 10,000m3 of quarry material | 430.60 |
sub 2005 SL No. 152 s 4; 2006 SL No. 164 s 4; 2007 SL No. 159 s 4; 2008 SL No. 207 s 4; 2009 SL No. 98 s 4; 2010 SL No. 162 s 8; 2011 SL No. 135 s 8; 2012 SL No. 114 s 4; 2013 SL No. 204 s 4; 2014 SL No. 115 s 4; 2015 SL No. 62 s 4
$ | ||
1 | Royalty for removal of quarry material under an allocation notice (Act, s 102(1))—for each cubic metre removed— | |
(a) by a government body or a statutory authority for its own use | 0.68 | |
(b) otherwise | 1.97 |
sub 2005 SL No. 152 s 4; 2006 SL No. 164 s 4; 2007 SL No. 159 s 4; 2008 SL No. 207 s 4
amd 2008 SL No. 333 s 3
sub 2009 SL No. 98 s 5; 2010 SL No. 162 s 8; 2011 SL No. 135 s 8
amd 2012 SL No. 2 s 10
sub 2012 SL No. 114 s 4; 2013 SL No. 204 s 4; 2014 SL No. 115 s 4; 2015 SL No. 62 s 4
This code applies for the assessment of a development application for prescribed tidal work for which a local government is the assessment manager.
The purpose of this code is to ensure prescribed tidal work for which it applies—(a)is compatible with the character and amenity of its surrounding area; and(b)is designed and constructed in a way to ensure it is structurally sound; and(c)is safe for use; and(d)is adequately serviced with infrastructure, including, for example, infrastructure for the supply of water or the discharge of sewage; and(e)involves only minimal use of tidal water in a canal, for a non-maritime purpose; and(f)does not cause a significant adverse affect to any of the following—(i)existing public access to any foreshores or any tidal water;(ii)navigable access to, or navigable egress from, any non-tidal work lot;(iii)the natural features of any tidal water, including, for example, the water quality and bed and banks of the tidal water;(iv)the structural integrity, operation or maintenance of any existing structure.
In this code—1% probability flood event means a rise in tidal water levels to a level that has a 1% probability of occurring in any 1 year.def 1% probability flood event ins 2014 SL No. 21 s 7(1)
Australian Standard includes a standard jointly made or published by Standards Australia and Standards New Zealand.axle load means the load applied through the axle of a vehicle.bed and banks, of tidal water, means land over which the tidal water ordinarily flows or that is ordinarily covered by the tidal water, whether permanently or intermittently; but does not include adjacent land that is from time to time covered by floodwater.concentrated live load, in relation to a structure, means a live load that is not uniformly distributed over the structure.dead load, of prescribed tidal work, means the total load applied to the work by—(a)the structural components of the work; and(b)anything permanently on or attached to the work, including, for example, a partition or machinery permanently fixed to the work.distributed live load, in relation to a structure or a part of a structure, means a live load that is uniformly distributed over the structure or the part.extended side boundary, of a lot connected to prescribed tidal work, means a notional boundary worked out by extending a side boundary of the lot into tidal water—(a)in a continuing straight line; or(b)if extending the side boundary into tidal water in a continuing straight line would reduce the unimpeded navigable access to, or egress from, an adjoining lot to less than 3m or cause a significant adverse affect to navigational safety—at an angle that ensures—(i)the unimpeded navigable access to, or egress from, any adjoining lot is not reduced to less than 3m; and(ii)no significant adverse affect is caused to navigational safety.factor of safety, of a retaining wall, revetment or seawall, means the number worked out by dividing the total forces of the retaining wall, revetment or seawall that resist overturning or sliding by the total forces of the retaining wall, revetment or seawall that cause overturning or sliding.foreshore means the part of the shore between the low water mark and highest astronomical tide.foundation support, for a bridge, means anything that can be used to support the bridge, including, for example, an anchor, footing or pile.group use, of a structure, means use of the structure other than individual use of the structure.highest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.independent deck means a structure that—(a)consists only of a deck and components to structurally support the deck; and(b)is not connected with another structure that is tidal work.Examples of a deck that is connected with another structure that is tidal work—
•the deck of a jetty•the deck of a pontoonindividual use, of a structure, means use of the structure—(a)that is by persons from only 1 residence, place of business or parcel of vacant land; and(b)that is not by a group of persons in the course of activities of an association, society, body or other entity.Examples of associations, societies, bodies or other entities for paragraph (b)—
sporting or recreational club, youth group, youth organisation, scout or guide group, school or university, environmental education groupkilonewton means a unit of force equal to 1000 newtons.kN means kilonewton.kPa means kilopascal.lighting standard means each of the following Australian Standards—(a)AS/NZS 1158.6:2004—Lighting for roads and public spaces—Luminaries;(b)AS/NZS 1158.3.1:1999—Road lighting—Pedestrian area (category P) lighting—Performance and installation design requirements;(c)AS 4282-1997—Control of the obtrusive effects of outdoor lighting.live load, in relation to a structure, means the total load applied to the structure by anything temporarily on or attached to the structure.load means weight, force or pressure.lot includes a parcel of unallocated State land.major wharf means a wharf the construction of which—(a)has significantly disturbed, or will significantly disturb, the substrate, flora or fauna in the locality within which the wharf is located; or(b)has caused, or will cause, a significant isolation of parts of land or tidal water in the locality within which the wharf is located, including, for example, the bed and banks of tidal water.marine plant see the Fisheries Act 1994 , section 8.minor wharf means a wharf that is not a major wharf.non-private purpose means a purpose other than a private purpose.non-tidal work lot means a lot that is not, and never was, the subject of any of the following—(a)a development approval for prescribed tidal work;(b)a development approval for tidal works that are not prescribed tidal work;(c)a deemed approval.pontoon means a structure consisting of the following components—(a)a flotation unit;(b)an access walkway for the flotation unit;(c)a system for mooring the flotation unit and access walkway;(d)an abutment.private boat ramp means a boat ramp used for a private purpose.private purpose means a purpose related only to either or both of the following—(a)use of a boat used only for recreation;(b)use of land, if the use is only for residential purposes.def private purpose ins 2013 SL No. 204 s 5
private slip way means a slip way used for a private purpose.probable solution, for achieving a specific outcome stated in the table, column 1, means the probable solution stated in the table, column 2 opposite the specific outcome.relevant engineering standard, for prescribed tidal work, means a standard, practice, principle, procedure or other requirement accepted in the engineering industry as being an appropriate standard, practice, principle, procedure or requirement for the design or construction of work of that type.relevant loading matter, for prescribed tidal work, means each of the following matters, to the extent they affect the load that can be reasonably expected to be applied to the work at any time—(a)the purpose or activity for which the work is intended to be used;(b)the dead load of the work;(c)the maximum number of people likely to use the work at any time;(d)the maximum number of vehicles likely to be on or moored at the work at any time;(e)the types of vehicles likely to be on or moored at the work;(f)the height or velocity of waves likely to occur in the tidal water under, within or over which the work is located;(g)any other thing that may be relevant to the load applied to the work at any time, including, for example, environmental factors.relevant planning scheme, for prescribed tidal work, means the local government planning scheme applying to the lot connected to the work.relevant planning scheme standard, in relation to achieving a specific outcome for prescribed tidal work, means a standard—(a)stated in the relevant planning scheme for the work; and(b)relevant to achieving the specific outcome.revetment means a wall constructed along the bottom of an embankment to—(a)protect the embankment from erosion; and(b)keep in place the materials that are landward of the wall.roofed means covered with a permanent or temporary attachment.Examples of temporary attachments—
tarpaulin, umbrella, wind sails 6(2) solution see section 5 of this code.seawall means a wall constructed along a shoreline to—(a)prevent the encroachment, by wave action, of the sea past the shoreline; and(b)keep in place the materials that are landward of the wall.shore abutment means a solid wall or other structure constructed adjacent to a shoreline to counteract any force applied to the shore by a bridge, independent deck or other structure located on the shore.side boundary, of a lot, means a boundary of the lot that meets tidal water but is not a waterfront boundary of the lot.specific outcome means an outcome stated in the table, column 1.stormwater outlet means a pipe that is the exit for an artificial passage for stormwater or floodwater.vegetation does not include marine plants.vehicle includes a boat or other vessel.waterfront boundary, of a lot, means a boundary of the lot fronting tidal water.s 3 ins 2005 SL No. 275 s 4
4When lot connected to prescribed tidal work
For this code, a lot is connected to prescribed tidal work if—(a)the work is attached to the lot; or(b)the work is not attached to the lot but is constructed for use in association with the lot.a mooring pile near, but not attached to, a lot used for mooring vessels by persons who live on the lot
5References to s 6(2) solution in probable solution
In the table, a reference to the words ‘s 6(2) solution’, in brackets, before a probable solution is a reference to the requirement, under section 6 (2) of this code, that the probable solution must be complied with to achieve the specific outcome stated opposite the solution.
(1)This code is complied with for prescribed tidal work if each specific outcome applying to the work is achieved.(2)A specific outcome mentioned in item 12.10, 13.1, 13.2, 15.1, 15.2, 16.1, 16.2, 16.4, 17.1, 18.1, 18.2, 18.3, 18.4, 18.7, 19.1, 19.2, 19.3 or 20.1 of the table is achieved only if the probable solution for achieving the outcome is complied with.(3)Also, a specific outcome mentioned in any of items 12.1 to 12.10, 13.1, 13.2, 14.1, 14.2, 15.1 to 15.3, 16.1 to 16.4, 17.1, 18.1 to 18.6, 19.1 to 19.4 and 20.1 of the table is achieved only if the works carried out to comply with the probable solution for achieving the outcome are appropriately certified.(4)A probable solution for achieving a specific outcome, other than a specific outcome mentioned in subsection (2), provides a guide for how the outcome may be achieved.(5)In this section—appropriately certified, for works carried out to comply with a probable solution for achieving a specific outcome, means the works have been certified by a relevant engineer as having been carried out appropriately for the achievement of the outcome.relevant engineer means a person who, under the Professional Engineers Act 2002 , is a registered professional engineer in any of the following areas of engineering—(a)civil engineering;(b)marine engineering;(c)structural engineering.s 6 amd 2014 SL No. 21 s 7(2)–(3)
7Relationship between particular specific outcomes and probable solutions
(1)This section applies if there is an inconsistency or overlap between—(a)a specific outcome (a general specific outcome) mentioned in any item in the table from item 12.1 to item 12.10, inclusive; and(b)a specific outcome (a direct specific outcome) mentioned in any item in the table from item 13.1 to item 20.1, inclusive.(2)The direct specific outcome prevails to the extent of the inconsistency or overlap.(3) Subsection (4) applies if the probable solution for the general specific outcome includes an Australian Standard that is more stringent than a stated direct standard included in the probable solution for the direct specific outcome.(4)The probable solution for the direct specific outcome is taken to include the Australian Standard instead of the stated direct standard.An Australian Standard mentioned in the probable solution in item 12.1 of the table includes a requirement about the minimum load a boardwalk or independent deck must be able to support and the minimum load is higher than the minimum load stated, for the boardwalk or deck, in paragraph (a) of the probable solution in item 15.1 of the table. Paragraph (a) of the probable solution in item 15.1 is taken to refer to the minimum load stated in the Australian Standard.(5)In this section—stated direct standard, included in the probable solution for a direct specific outcome, means a standard stated in the probable solution, other than a relevant planning scheme standard.
amd 2014 SL No. 21 s 7(4)–(5)
sch 4A ins 2005 SL No. 275 s 4
aid to navigation has the meaning given by the Transport Operations (Marine Safety) Act 1994 , section 104.
def aid to navigation ins 2005 SL No. 275 s 5(1)
allocation means an allocation of quarry material under chapter 2, part 5, division 1, of the Act.
approved dredge management plan ...
def approved dredge management plan amd 2006 SL No. 221 s 7(1)
om 2012 SL No. 2 s 11(1)
Brisbane core port land has the meaning given in the Transport Infrastructure Act 1994 , schedule 6.
def Brisbane core port land ins 2010 Act No. 19 s 21
commencement, for part 5, see section 17.
def commencement ins 2012 SL No. 2 s 11(2)
dredge management plan means a dredge management plan continued in effect under section 201 of the Act.
def dredge management plan amd 2006 SL No. 221 s 7(2)
sub 2012 SL No. 2 s 11(1)–(2)
government body, for schedule 4, item 1, means—
(a)a department, or part of a department; or
(b)a local government.
preliminary approval ...
def preliminary approval om 2013 SL No. 204 s 6
prescribed tidal work see section 14.
def prescribed tidal work ins 2005 SL No. 275 s 5(1)
previous, for part 5, see section 17.
def previous ins 2012 SL No. 2 s 11(2)
private purpose ...
def private purpose amd 2005 SL No. 275 s 5(2)
om 2013 SL No. 204 s 6
public marine facility see Transport Infrastructure Act 1994 , schedule 6.
def public marine facility amd 2005 SL No. 275 s 5(3)
residence ...
def residence om 2013 SL No. 204 s 6
waiver application ...
def waiver application om 2012 SL No. 2 s 11(1)