09/1247 - Prescribed Tidal Works [As Published] · 142009.1247

INTEGRATED PLANNING ACT 1997 Part A, Version 3.1, 3 March 2008

 

General advice

Part A of IDAS Development Application Form 1 must be completed and accompany alt development applications. The applicant is responsible
for answering all questions fully and correctly, unless following a response there is a statement to go directly to another question. The
Assessment Manger may refuse to receive an application that is not properly made.

The IDAS Assessment Checklist must also be completed for all development applications, other than those requiring assessment against the
Building Act 1975 only, i.e. those applications requiring the completion of Parts A and B only.

 

Applicant details

If the applicant is a company or organisation, a contact person must be nominated. The applicant's signature is not required to be provided
under the IPA.

 

Details of the premises

The term ‘premises’ is defined by the IPA, schedule 10 to mean a building or other structure, and land (whether or not a building or other

structure is situated on the land). The term ‘land’ is also defined to include the estate in, on, over or under the land.

Details of the land are not required if the application involves a mobile and temporary Environmentally Relevant Activity only. Instead complete

Table A.

The premises may be identified in a number of ways --

¢ Street address and lot on plan are most common and will apply to most applications.

¢ Coordinates may provide the best means of accurately identifying the location of development proposed in waters, or on a relatively small
development site distant from property boundaries on a large lot. Sufficient coordinates need to be provided to identify the boundary of the
premises the subject of the application. Eastings and northings using GDA94 datum is preferred, but longitude and latitude and other
(specified) datum such as Zone Reference or GS84 may be provided.

The definition of ‘water body’ and ‘watercourse’ can vary from Act to Act.

StrategicPortLandis within a local government area but a local government's planning scheme does not apply onStrategicPortLand.

StrategicPortLandis declared under the Transport Infrastructure Act 1994, For further information go to IDAS Guide 11 (Development on

strategic port land) and the Queensland Transport (Ports) website.

“Tidal water is defined in the Coastal Protection and Management Act 1995 (Schedule) and ‘tidal area’ for a local government and for strategic

port land is defined in the IPA (schedule 10). Generally, the area below “high-water mark’ (defined by the Coastal Act in relation to high water

mark at spring tides) establishes the boundary of a tidal area. Land below high water mark is not within a local govemment's area unless

provided for under the Loca! Government Act 1993. Unless otherwise provided for by legislation, a local government has no jurisdiction below

high water mark. A tidat area for strategic port land is within the jurisdiction of the relevant port authority, while the Environmental Protection

Agency generally has jurisdiction for a local government tidal area. However, the IPA gives local governments jurisdiction for assessing and

deciding applications for prescribed tidal works within the local government tidal area, and the planning scheme may be applied to that

assessment (to the extent provided for in the code for prescribed tidal work).

 

Resource entitlement

Section 3.2.1(5) of the IPA requires evidence of resource entitlement be given for applications if they involve taking or interfering with a
prescribed State resource. Schedule 10 of the Integrated Planning Regulation 1998 (IPR) prescribes the State resources, including State-
owned land, where evidence is required to be given, and the evidence required to support the application. Link to Integrated Planning
Regulation. Section 3.2.1(10)(a)(ii) states an application cannot be taken to be properly made without the required evidence.

For applications involving the taking or interfering with water under the Water Act, the development application may be made at the same
time as the request for resource entitlement, and the Department of Natural Resources and Water will accept the application as properly made.
For State-controlled roads, a resource entitlement is not required for an activity that is exempt ancillary works or encroachment (identified by
gazette notice under the Transport infrastructure Act 1994, section 50), or if the activity requires referral to the Department of Main Roads.
Evidence may be required from more than one Department responsible for a State-owned resource, e.g. from the Environmental Protection
Agency for quarry material below high water mark, and the Department of Natural Resources and Water in relation to the State-owned land
above high water mark.

 

‘Owner's consent

 

Section 3.2.1(3) of the IPA prescribes that an application must contain, or be supported by, the written consent of the land owner/s, if the
application involves: a materiat change of use; reconfiguration of a lot; work on land below high-water mark and not within a canal as defined
under the Coastal Protection and Management Act 1995; or work on rail corridor land defined under the Transport infrastructure Act 1994.
Evidence of this consent may need to be provided before the application will be accepted as properly made by the Assessment Manager, during
the processes of the application or in the event of an appeal about the outcome of the application.

“Owner for the purpose of a lodging an IDAS development application means the person at the time of lodging the application, entitled to
receive the rent for the land (or would be entitled to receive the rent for it if it were let to a tenant at a rent).

Templates are available from the PA website for the provision of owner's consent as an attachment to this form. However other documentation
may be used for providing owner's consent provided it is clear the documentation relates to the development application for the premises.
Owner's consent, if required, must be provided even if the applicant is the owner. Owner's consent is not required for a mobile and temporary
ERA.