Development Application part 2 Planning Report MCU13/0051

6.0            CURRENT PLANNING
               CONTROLS
6.1      Commonwealth             Legislation   -
                                                    The Telecommunications Act
1997

The Telecommunications Act 1997 has been operative since 1 July 1997. This legislation
establishes the criteria for ’low impact’ telecommunication facilities.   If a proposed facility
satisfies the requirements of a ’low impact’ facility, the development is exempt from the
planning approval process.

Further clarification of the term ’low impact’ is provided in the Telecommunications Act
1997 and the Telecommunications (Low Impact Facilities) Determination 1997, which was
gazetted subsequent to        the Act.   The   Telecommunications   (Low Impact Facilities)
Determination 1997 establishes certain facilities, which cannot be considered low impact
facilities.


The proposed facility is not considered to be low impact under the definitions contained in
the Commonwealth legislation as it involves the construction of a new tower. It is therefore
subject to the Sustainable Planning Act 2009 and requires development approval under
the provisions of the Noosa Plan 2009.




6.2      State Legislation        -
                                      Sustainable Planning Act 2009
The Sustainable Planning Act 2009 (the SPA) is the legislation that governs planning in
Queensland. The SPA came into effect on 18 December 2009 and replaced the former
Integrated Planning Act 1997. The SPA seeks to achieve ecological sustainable outcomes
for development within Queensland by coordinating and integrating planning mechanisms
at local, regional and state levels, managing the effects of development                on   the
environment, and managing the process by which development takes place.

Where a Telecommunication Facility is not considered a low-impact facility, it is subject to
the provisions of the relevant local government planning provisions.


Therefore, because the proposed facility is not ’low-impact’ as the proposal involves the
installation of a new Telecommunication Facility; the provisions of the Planning Scheme
apply. This development report has been compiled to accompany an Impact Assessable
application to Sunshine Coast Regional Council under the provisions of the Noosa Plan
2009. The development proposal is assessed against the provisions of the Planning
Scheme in Section 7.0 below.




6.3      State Legislation        -

                                    Vegetation Management Act 1999
The Vegetation Management Act 1999 (VMA)is the legislation that regulates vegetation
management and the clearing of native vegetation in Queensland. The VMA is
administered by the Department of Natural Resources and Mines (DNRM),and regulates
what clearing can be done, and how it must be done to meet the requirements of the law.


Clearing for some activities is exempt. These include most routine activities such as fence
lines, yards, firebreaks and burning off. The clearing of native vegetation (identified on
Regional Ecosystem and Remnant Maps or Regrowth Vegetation Maps and PMAVs)for a
Telecommunication Facility however is not considered an exempt activity.




NBN-4TNZ-4INN-5104   -
                         Cooran                                     Page 22