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8.2.2	Biodiversity, Waterways and Wetlands Overlay Code
8.2.2.1	Application
This code applies to assessable development: subject to the Biodiversity, Waterways and Wetlands Overlay shown on the overlay maps contained within Schedule 2 (Mapping); subject to the protected vegetation overlay area; and identified as requiring assessment against the Biodiversity, Waterways and Wetlands overlay code by the tables of assessment in Part 5 (Tables of assessment). All provisions in this code are assessment benchmarks for applicable assessable development.
8.2.2.2	Purpose and overall outcomes
The purpose of the Biodiversity, Waterways and Wetlands overlay code is to protect, rehabilitate and enhance ecologically important areas and improve connectivity and ecological linkages across Noosa Shire. The overall outcomes sought for the Biodiversity, Waterways and Wetlands overlay code are: The natural resources and ecosystem values of Noosa Shire are protected and enhanced including ecologically important areas and land and environmental values of scenic, aesthetic, cultural, educational, recreational, scientific, economic and social value. Development is designed, sited, constructed and operated in a way that avoids adverse impacts on ecologically important areas, ecological systems and processes. Development design and layout provides for ecological connectivity across the landscape through the protection, rehabilitation and enhancement of native vegetation and ecological linkages. Ecological linkages and riparian vegetation are conserved, managed, enhanced and rehabilitated to protect and improve biodiversity, ecosystem health, landscape stability and resilience. Development design and layout provides for the protection and establishment of appropriate buffers to waterways, wetlands, native vegetation and significant fauna habitat. The terrestrial and aquatic native flora and fauna and their habitats are protected and enhanced. Development and its associated landscaping provides for the rehabilitation of ecologically important areas, degraded ecosystems and habitats to achieve a functional and healthy ecosystem state that requires minimal human intervention. Development is designed, sited, constructed and operated to avoid or minimise adverse impacts on koalas and their habitat and to provide for connectivity and safety for the long term viability of the koala population. In urban areas, biodiversity values are protected and enhanced to assist with ecosystem health, flora and fauna, urban amenity and quality of life.
Editor's Note—Ecologically important areas include Areas of Biodiversity Significance, Riparian Buffer Areas, wetland areas and other values as defined in Schedule 1 Definitions. Wetland areas are also identified on the Queensland Wetland Program mapping.
Editor's Note—The Planning Act 2016 and Planning Regulation 2017 allow for native forest timber production authorised under the Forestry Act 1959 and the Vegetation Management Act 1999 to generally be conducted without being subject to the provisions of a planning scheme.
8.2.2.3	Assessment Criteria
Table 8.2.2.3.1 - Criteria for assessment
	 Performance outcomes	Acceptable outcomes	Comments  Ecologically important areas	 	 PO1 Development is sited and designed to protect the physical and ecological integrity and biodiversity of ecologically important areas through protection of: existing habitat areas and ecological linkages; and existing riparian vegetation, waterways and wetland habitat values.	AO1.1 Ecologically important areas are conserved or improved to ensure their ongoing contribution to the natural resources and biological diversity of Noosa Shire. AND AO1.2 Buildings, structures and associated works are located within existing cleared areas or areas of lowest ecological value. AND AO1.3 Where constructing a dwelling house or community residence, buildings and associated structures are not located on land identified as an area of biodiversity significance on a Biodiversity, Waterways and Wetlands Overlay Map. or Clearing vegetation (other than for a driveway access) does not extend beyond— 30 metres of a habitable building or 10 metres of a class 10 structure on lots greater than 10 hectares; or 10 metres of a habitable building or class 10 structure on lots 10 hectares or less but more than 3,000m2; or 3 metres of a habitable building or class 10 structure on lots 3,000m2 or less. AND AO1.4 Clearing of vegetation for a boundary fence does not extend beyond 5 metres either side of the fence.	The proposed works conserve the values of the adjacent waterway by not developing closer to the waterway than existing development, not requiring clearing of vegetation, and not disturbing land below the top of bank line. The proposed carpark and laydown area are located within existing cleared areas. Not applicable.  The proposed development does not relate to a Dwelling house or a Community residence. The subject area and associated access pathways are already cleared.  No vegetation clearing is proposed. The proposed works do not involve the establishment of a boundary fence.  No vegetation clearing is proposed.  Reconfiguring a lot	 	 PO2 New lots are only created if they maintain ecological linkages and minimise the clearing of vegetation.	AO2 Where clearing vegetation for the purpose of Reconfiguring a Lot: new boundaries to lots do not transect and fragment existing native vegetation; new lots are created to allow for suitable building envelopes for future buildings and works to be located within existing cleared areas or areas of low ecological value; building envelopes are designated for each lot; and ecological linkages and ecologically important areas are secured by environmental covenant or transferred to public ownership or through gazettal of a nature reserve.	Not applicable. The proposed development does not involve Reconfiguring a Lot.  Management of impacts	 	 PO3 Development is designed and sited to manage adverse impacts on ecologically important areas by: minimising the total footprint within which all activities, buildings, structures driveways and other works are contained; locating development in existing cleared areas or areas of low ecological value over other areas to the greatest extent possible; and incorporating siting and design measures to protect and retain ecological values and ecosystem processes within or adjacent to the development site; and where adverse impacts have been minimised, any residual impacts on ecological values are compensated for through suitable habitat replacement and replanting on site in the first instance or in a way that results in a net gain and enhancement of the overall habitat values of Noosa Shire.	AO3.1 Where clearing of vegetation cannot be practicably avoided, the development: ensures the design and siting limits the loss of vegetation to the smallest extent possible; protects and retains ecological values and ecosystem processes to the greatest extent possible within and adjacent to the site; provides measures to allow for safe movement of fauna through the site; and provides suitable habitat replacement and replanting in accordance with PSP3 Ecological Assessment Guidelines. AO3.2 Habitat trees, recruitment habitat trees, and roosting, breeding and feeding areas are protected for native fauna habitat.	No vegetation clearing is proposed.   All proposed works, including associated access pathways are located within existing cleared areas. No vegetation clearing is proposed.  All proposed works, including associated access pathways are located within existing cleared areas. 	 PO4 Development provides for effective measures during construction and operation to protect ecological values including: avoiding disturbance to or clearing of vegetation in and within the vicinity of the site; managing habitat disturbance and physical harm to fauna from noise, vibration, dust, light, dewatering or excavating; and avoiding clearing in areas where erosion or slippage could occur.	AO4.1 Vegetation is protected from disturbance or damage from construction and operation activities by: clearly marking trees to be retained with flagging tape; installing protective fencing around the dripline of the vegetation and avoid filling and excavating in these fenced areas; ensuring stockpiling, storage and vehicle parking occurs outside the identified vegetation areas; and using low impact construction techniques around vegetation. AO4.2 Vegetation which is capable of forming or contributing to a buffer between different land uses or a buffer against pollution, light spillage or noise is retained. AO4.3 Lighting associated with development: does not contribute an unacceptable level of illuminance (greater than 1 lux) for light sensitive species within or at the boundary of an ecologically important area; and does not contribute to an unacceptable level of illuminance on landward horizons along coastal areas and known marine turtle nesting beaches. AO4.4 Clearing of vegetation does not involve clearing that may cause or contribute to hillslope erosion, bank erosion, or slippage.	No vegetation is directly disturbed by the proposed development, as all works are located in existing cleared areas of the site. Potential edge effects to adjacent riparian areas will be managed through: Avoiding cut / fill/ clearing outside of the proposed works area Ensuring the proposed use (once operational) stays contained within the proposed works area Appropriate capture and treatment of  surface water / stormwater runoff prior to discharge If discharge is to the creek - Install energy dissipation devices to ensure stormwater release is in accordance with best practice No vegetation is being removed to accommodate the proposal.  The existing buffer created by the waterway corridor will remain. There is an existing access driveway that runs along the western boundary of the site, along the top of bank of the waterway.  The proposed works are setback behind the existing access driveway. No additional lighting is proposed as part of the development. No vegetation is being removed to accommodate the proposal.  The existing buffer created by the waterway corridor will remain. There is an existing access driveway that runs along the western boundary of the site, along the top of bank of the waterway.  The proposed works are setback behind the existing access driveway.  Connectivity	 	 PO5 Development is designed and operated to maintain and enhance connectivity between and across ecologically important areas and connecting habitat and support unimpeded and safe movement of terrestrial and aquatic fauna.	AO5 Development is designed and operated to maintain ecological linkages and maximise opportunity for connectivity and the movement of fauna by: ensuring protection of wildlife refuges; maintaining vegetation in patches of the greatest possible size and within the smallest possible edge-to-area ratio; enhancing connectivity through planting and rehabilitation works, including across property boundaries, to areas of national park, state forest or reserve; avoiding the creation of physical barriers and safety hazards (such as roads, pedestrian access and instream structures) along and within the ecological linkage; providing mitigation measures such as wildlife movement infrastructure, fauna exclusion and directional fencing, underpasses/overpasses and traffic calming devices, signage and lighting; and where offsets are necessary, delivering offsets that support and enhance ecological linkages.	No vegetation is being removed to accommodate the proposal.  The existing extent of the waterway corridor will remain. There is an existing access driveway that runs along the western boundary of the site, along the top of bank of the waterway.  The proposed works are setback behind the existing access driveway and hence do not result in development being closer than the existing alignment. In constructing the proposed works, an onsite SQID is proposed and energy dissipation at the discharge point, both of which will improve upon the existing water quality outcomes for the site. Appropriate traffic calming devices and signage shall be installed to comply with the relevant Australian Standards / Council Standards.  Waterways and wetlands	 	 PO6 The biodiversity and ecosystem values of waterways, wetlands and adjacent riparian zones are protected by: avoiding any new development in a riparian buffer area and wetland area; retaining aquatic and terrestrial habitat in riparian zones; maintaining and enhancing wildlife corridors and connectivity along watercourses and drainage lines for native fauna movement; avoiding edge effects and damage from adjacent land uses; maintaining stream integrity and bank stability by minimising bank erosion and slumping; maintaining water quality through filtering sediments, nutrients and other pollutants; and removing pest species and replacing them with local native species.	AO6.1 Development and clearing of vegetation does not occur within: a riparian buffer area; a wetland area; or 10 metres either side of the centre line of other waterways identified on a Biodiversity, Waterways and Wetlands Overlay Map. AO6.2 Development provides for the rehabilitation of land within: a riparian buffer area; a wetland area; and 10 metres either side of the centre line of any other waterway identified on a Biodiversity, Waterways and Wetlands Overlay Map. AO6.3 Recreational facilities (eg. playgrounds, pergolas, barbeques) are setback a minimum of 10 metres from the top of the bank of a waterway. Editor’s Note—Setbacks to waterways for certain uses and works are also specified in the relevant codes. Editor's Note—Wetland areas are identified on the Queensland Wetland Program mapping Editor's Note—Any clearing of vegetation also needs to meet the outcomes of the Earthworks Code and the Water Quality and Drainage Code.	Despite the proposed works being partially located within the mapped Riparian Buffer Area, in satisfaction of AO6.1 (c) the proposed development ranges in setback from 50m to 80m from the mapped centre line of the waterway corridor as identified on the Biodiversity, Waterways and Wetlands Overlay Map. In satisfaction of PO6, the proposed works seek to maintain the existing waterway values as the design does do not extend any closer to the waterway than existing development and will maintain existing bank condition, stream condition and fauna corridors. In satisfaction of PO6, the proposed works seek to maintain the existing waterway values as the design does do not extend any closer to the waterway than existing development and will maintain existing bank condition, stream condition and fauna corridors. No recreation facilities are proposed. 	 PO7 Vegetation within 400 metres of the full ponded water within Lake Macdonald is retained.	No acceptable outcome provided.	Not applicable.  The site is not located within 400m of Lake Macdonald. 	 PO8 Development on land adjacent to a waterway or wetland maintains appropriate extent of public access to waterways and wetlands and minimises edge effects.	AO8.1 Development adjacent to a waterway or wetland provides that: no new lots directly back onto a riparian buffer area; and new public roads are located between a riparian buffer area or riparian zone and the proposed development area.	No new lots are proposed. The proposed development does not change existing public access arrangements to the waterway.  Surface and ground water hydrology	 	 PO9 Development ensures that the natural surface water and ground water hydrologic regimes of waterways, wetlands and hydrologically-sensitive plant communities are not adversely impacted. Editor's Note—Groundwater dependent ecosystems are identified on Queensland Government Wetland Info mapping.	AO9.1 Development does not impact on the natural surface water or groundwater hydrologic regimes and this is facilitated by: avoiding or minimising channelization, redirection or interruption of flow; avoiding groundwater extraction; maintaining groundwater recharge and discharge processes; maintaining natural groundwater fluctuations; avoiding causing ingress of saline water into freshwater aquifers of wetlands; and avoiding contaminants entering groundwater (e.g. from runoff, effluent disposal).	XX  Rehabilitation of ecologically important areas	 	 PO10 Development provides for ecologically important areas to be restored and enhanced through: designing landscaped areas to complement and enhance existing vegetation and ecological linkages; removing species likely to displace native flora species or degrade fauna habitat; replanting and rehabilitating degraded habitat; replacing any vegetation removed with suitable local native species; providing for fauna habitat; and avoiding the planting of pest plant species.	AO10.1 Landscaping and rehabilitation complements and supports ecologically important areas by: utilising local native species; utilising suitable plant species identified in PSP2 Landscaping; restoring degraded ecosystems to achieve a functional ecosystem state that requires minimal human intervention; replicating adjacent remnant habitats of the same type, including the understorey vegetation; creating or enhancing linkages between existing habitats; avoiding the use of pest plant species listed in PSP2 - Landscaping; planting riparian zones to filter stormwater run-off, stabilise soil and provide for wildlife habitat; and providing ground and arboreal structures for fauna, which may include ground depressions, rocks, hollows, nesting boxes and in-stream habitat. AO10.2 Vegetation cleared is replaced with: plantings of equivalent area that replicate the floristic structure of the vegetation removed; or where this is not possible due to the characteristics of the site and the development, plantings twice the number of the removed trees and plants. Editor’s Note — Revegetation and rehabilitation works are to be carried out in accordance with an approved Revegetation and Rehabilitation Management Plan, as referred to in PSP3 Ecological assessment guidelines.	The proposed works are not considered to be of a scale, nor of an impact to require rehabilitation works. No vegetation clearing is proposed.  Koala habitat protection and enhancement	 	 PO11 Development is designed, constructed and operated to— protect and enhance koalas and koala habitat and avoid adverse impacts; provide measures to assist the survival of koala populations in the area to mitigate any potential threats or risk to koalas; and provide for safe and appropriate koala movement across the landscape. Editor's Note—Koala habitat mapping is in Schedule 2 Mapping. Editor's Note—The Planning Regulation 2017, schedule 10 states that development that interferes with koala habitat, in an area that is both a koala priority area and a koala habitat area, is prohibited development (subject to the exceptions stated in schedule 10 of the Planning Regulation 2017). Editor's Note - These performance outcomes and acceptable outcomes apply to: development on land in a koala priority area, where the development does not interfere with koala habitat and where the benchmarks are additional to and not inconsistent with, the assessment benchmarks stated in schedule 11, part 2 of the Planning Regulations 2017; and development on land outside the koala priority area, where the development does not interfere with koala habitat in koala habitat areas.	AO11.1 Development design complies with the Koala-sensitive Design Guideline: A guide to koala sensitive design measures for planning and development activities. AO11.2 Development incorporates revegetation and landscaping that provides food, shelter and movement opportunities for koalas. AO11.3 Development is designed to maximise and enhance connectivity between koala habitat trees and ensure safe koala movement. AO11.4 During construction, measures are incorporated to not increase the risk of death or injury to koalas, by including safe koala movement measures, as defined in the Planning Regulation 2017.	There is no koala habitat mapped within the site. However, should koalas be observed during construction phase or operation phase, safe koala movement through the site shall be facilitated.  Bushfire management	 	 PO12 Bushfire management measures are adopted based on ecological principles, which: maintain and enhance biodiversity; minimise threat of fire to the natural environment, as well as life and property; and provide for effective use and maintenance of buildings and structures. Editor's note—The performance outcome applies to properties in bushfire hazard areas and only where clearing is reasonably necessary for the control of bushfire risk to a building or structure. Bushfire hazard areas are shown on Bushfire Hazard Overlay maps in Schedule 2.	No acceptable outcome provided	The proposed works area is partially located within the Bushfire Hazard Overlay – Potential Impact Buffer. The proposed development relates to an open-air carpark / laydown area and does not have bushfire requirements where in the potential impact buffer area.  Scenic amenity	 	 PO13 The scenic amenity and vegetated character of the landscape is protected by retaining vegetation: along and around watercourses and drainage lines; on steep slopes and ridgelines; along the major road network; and that forms coastal vistas to and from beaches.	AO13.1 Vegetation is retained: on and within 30 metres of prominent ridgelines and on sloping sites; in gullies; along watercourses and drainage lines; within 10 metres of the major road network; and along the front coastal dune system.	No vegetation clearing is required to facilitate the proposed works.

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Print Date: 23/03/2026
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Noosa Plan 2020: Amendment 3
Part 8 Overlays \ 8.2 Overlay codes \ 8.2.2 Biodiversity, Waterways and Wetlands Overlay Code
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