Development Application part 2 OF 2 All of CD, Information in notes - MCU12/0216

Planning Assessment Report                                                                                                Page 18
300 Kennedys Road, Lake Macdonald QLD 4563 – Extractive Industry




For the purposes of a referral agency’s assessment of a development application section 2 of SPP2/12 advises that, “At
the decision making stage on a development application, the purpose of this policy will be achieved by a balancing of
competing or conflicting outcomes that gives additional weight to:

             a.    agricultural uses in areas zoned for agricultural uses;
             b.    urban uses in areas zoned for urban uses;
             c.    tourist development which can be shown to be complementary to an area’s environmental, scenic and
                   cultural values; and
             d.    mineral and extractive resources development which can be shown to be complementary to an area’s
                   primary intended land use.”

The SPP2/12 provides the policies by which the State’s interests will be delivered including the following:

1.    remove regulatory barriers which impede the development of the following in appropriately zoned or suitable
      locations:
           a. agriculture;
           b. tourism projects;
           c. mining and extractive resource industries; and
           d. residential, commercial and industrial activities.

2.    facilitate development that supports the efficient extraction of known resource deposits including by the allocation of
      sufficient land to support housing, community facilities and amenities for mining workforces.

3.    provide an efficient and effective performance-based development assessment process, that:
           a. maximises community engagement and consultation activities at the plan making stage;
           b. maximises the use of exempt development, self assessment, compliance and third party
               assessment/certification processes;
           c. standardises development assessment codes, processes and requirements for common land uses and
               development types across the state; and
           d. removes unnecessary costs on development by:
               i.       eliminating the ‘gold plating’ of infrastructure;
               ii.      accepting staged infrastructure; and
               iii.     using other innovative infrastructure solutions.

Having consideration to the above, the proposed development is consistent with SPP2/12 as it seeks to develop an
existing known resource, which is complementary to the area’s primary intended rural land use.

It should be noted that the Site is shown on Council’s Planning Scheme Overlay Map (OM3.5 Natural Resources Overlay
Map) as containing a “Mining Lease” and “Local Resource/Processing Area”. In addition, Council’s Planning Scheme
Strategy Map identifies the Site as being in an area containing an “Extractive Resource”.

3.4.5        Water Act 2000
The Water Act 2000 (“Water Act”), in conjunction with other State legislation, regulates the taking and interfering with water
in Queensland. Pursuant to Section 19 of the Water Act, “All rights to use, flow and control of all water in Queensland are
vested in the State”. Therefore, any water is a “State Resource”.

Section 20 of the Water Act sets out circumstances where water can be taken without a water entitlement.

Pursuant to Section 20(6) of the Water Act, “a person may take overland flow water or take or interfere with sub-artesian
water for any purpose unless:

             (a) there is a moratorium notice, a water resource plan or a wild river declaration that limits or alters the water
                 that may be taken or interfered with; or
             (b) for sub-artesian water only – a regulation under section 1046 regulates the taking or interfering with the
                 water.”



December 2012 / file ref. 1271_DA1_310_001                                                                     GROUNDWORK p l u s