MCU12/0047 DERM Response - Referable Wetland

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                                                                           Advice Agency Response



The assessment manager should consider the potential impacts of the proposed development on wetland

values, including the water quality, natural hydrological flows and ecological functioning of the wetland.
Development should meet the following outcomes:

.   Maintain ecological values of the wetland. There is no loss of wetland habitat and adverse impacts on
    the functioning and integrity of a wetland from development are avoided.     A report prepared and

    certified by an appropriately qualified professional may assist the assessment manager to consider the

    impacts of the development on the ecological values and functioning of the wetland. If adverse impacts
    are unavoidable, the assessment manager is     encouraged to ensure that the values lost are offset in
    order to achieve an environmental outcome equal or better than the wetland values that are impacted.
    Refer to section 81 A of the Environmental Protection Regulation 2008 for the list of wetland values.

    Where a wetland management area is mapped as being of ’high ecological significance under the

    Queensland Coastal Plan it should be assessed against State Planning Policy 3/11 :Coastal Protection
    (SPP3/11). Refer to policy 3 Nature Conservation in SPP 3/11.

.   Maintain wetland water quality. The water quality of any waters in and linked to the wetland is
    maintained and managed to protect the environmental values of the wetland, and to ensure that the
    water quality objectives listed under Schedule 1 of the Environmental Protection (Water)Policy 2009 are

    achieved.

.   Maintain wetland water regime. The existing water regime (including surface and groundwater) within
    and linked to the wetland is maintained and managed to protect existing natural hydrological processes

    within the wetland ecosystem. This includes safeguarding natural fluctuations in size and location of the

    wetland, and retaining and allowing for regeneration of native vegetation.

To ensure that the proposed development is able to meet the above outcomes, the assessment manager is

encouraged to consider the requirement for a buffer area between any proposed works and the wetland. A
wetland buffer has two components:

    .   a   support area adjacent to the wetland that maintains and supports the environmental values of the
        wetland; and

    .   a   separation area around the support area that protects the wetland from external threats such as
        sediment and nutrient discharge from surrounding land use.

Buffer distances should be maximised in order to maintain existing biodiversity values, habitat connectivity
and to minimise edge effects. Unless otherwise determined by a suitably qualified professional, the following
buffer widths are accepted by DERM as precautionary buffer widths likeley to absorb impacts from external
uses.


     .   within urban areas, a minimum 50m buffer to wetland

     .   outside of urban areas a minimum 200m buffer to wetland

Note: The Queensland Wetland Buffer Planning Guideline (2011)should be referred to when planning

detailed buffer design to position development, determine any alternative buffer widths and establish

operating measures that avoid adverse impacts on a wetland.

Where required, revegetation of the buffer is recommended using native species representative of the pre-

clearing regional ecosystem, with preference given to endemic species. Plants should be of local
provenance where possible. A rehabilitation/ revegetation management plan including weed management
strategies may assist in determining the rehabilitiation requirements for the development. Conditioning of any




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    approval with building or development envelope(s) may also be a useful way to give formal effect to any
    required buffer area.

    The assessment manager should consider requiring applicants to provide a Stormwater Management Plan

    to demonstrate how stormwater, sediment and other run-off from the site (associated with the construction

    and operational phases of development) will be effectively managed to prevent adverse impacts on wetland

    values. Potential impacts are to be addressed through water sensitive urban design including compliance
    with South East Queensland Regional Plan 2009-2031 Implementation Guideline No.7: Water sensitive
    urban design   -

                       design objectives for urban stormwater management.         For areas outside of the South-east

    Queensland Regional Plan area any approval should recognise the requirements of The Urban Stormwater

    Quality Planning Guidelines 2010.


    General information for assessment managers

    The State’s Native Title Work Procedures provide that responsibility for assessment of native title issues for

    an I DAS   application rests with the assessment manager. Therefore, DERM as a referral agency for the
    relevant application has not provided notification to native title parties.

    Additional information for applicants

    It is a requirement of the Environmental Protection Act 1994 that if an owner or occupier of land becomes

    aware of a Notifiable   Activity (as defined in Schedule 3 and Schedule 4 of the Environmental Protection Act
    1994) being carried out on the land, or that the land has been, or is being, contaminated by a hazardous
    contaminant, the owner or occupier must, within 22 business days after becoming so aware, give written
    notice to the Department of Environment and Resource Management.



    Aboriginal Cultural Heritage

    Under section 23 of the Aboriginal Cultural Heritage Act 2003 a person who carries out an activity must take

    all reasonable and practicable measures to ensure the activity does not harm Aboriginal cultural heritage

    (the "cultural heritage duty of care"). Maximum penalties for breaching the duty of care are $1,000,000 for a
    corporation and $100,000 for an individual.

    Applicants will comply with the duty of care in relation to Aboriginal cultural heritage if they are acting in
    accordance with cultural heritage duty of care guidelines gazetted under the Aboriginal Cultural Heritage Act

    2003, available on the DERM website, or in accordance with an agreement with the Aboriginal party for the
    area or a cultural   heritage management plan approved under part 7 of the Aboriginal Cultural Heritage Act
    2003.

    Applicants are also encouraged to undertake a search of the Aboriginal Cultural Heritage Database and the
    Aboriginal Cultural Heritage Register, administered by the Cultural Heritage Coordination Unit, DERM.
    Application forms to undertake a free search of the Cultural Heritage Register and the Database may be
    obtained by contacting the Cultural Heritage Coordination Unit on (07)3239 3647 or on the DERM website

    www.derm.gld.gov.au/cultural heritage




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Should you have any questions about the above, please contact Roslyn Howie on telephone 1300 130 372,

quoting the above reference number.




Delega e                                                  Enquiries:
Mark Franco                                               Roslyn Howie
Delegate for the Chief Executive administering the        Department of Environment and
Coastal Protection and Management Act 1995,               Resource Management
Environmental Protection Act 1994,                        Permit and Licence Management
Nature Conservation Act 1992.                             Address: GPO Box 2454 BRISBANE QLD 4001
Department of Environment and                             Telephone: 1300130372
Resource Management                                       Facsimile:    07 3896 3342
                                                          Email:   [email protected]

21 May 2012




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