2018-06-18 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                       18 JUNE 2018


2.    Planning and Legislative Context
Development proposals for extractive industries (e.g. a quarry) are regulated and assessed
under the provisions of the Noosa planning scheme and Council is the assessment manager.

However, coal, minerals, petroleum and gas (including coal seam gas) resources are the
property of the Queensland State Government. The approval processes for exploration and
development of these resources, including the issuing of mining leases, is governed and decided
by the State Government in accordance with its resources legislation, the Mineral Resources Act
1989, Mineral Resources Regulation 2013 and Petroleum and Gas Act 2004. Mining and
resource activities are considered Environmental Relevant Activities and also require an
Environmental Authority under the Environment Protection Act 1994. In some cases, where there
may be an impact on a water resource, approval may also be required under Federal legislation
being the Environment Protection Biodiversity Conservation Act 1999. These activities are highly
regulated by State and Federal legislation and are not suitable in many areas as identified in the
Regional Planning Interests Act 2014.

Under the State’s Regional Planning Interests (RPI) Act 2014, areas of regional interest are
identified. All of the Noosa Shire is within an area of Regional interest known as a Priority Living
Area (PLA). A Priority Living Area is an area that includes existing settled areas for living and is
primarily protected for these purposes. Importantly the RPI Act generally restricts the carrying out
of resource activities in Priority Living Areas. This Act also requires that, should an application for
a resource activity such as a mining lease application be made to the State, it must be referred to
the Council as an ‘Assessing Agency.

Assessing agencies are prescribed in the RPI Regulation and differ depending on the area of
regional interest that the activity is located and the impact the activity will have on the area of
regional interest.

For an activity in a Priority Living Area, the assessing agency is the relevant local government.
The local government has to assess the expected impact of a proposed resource activity on:
(a) the opportunity to protect and enhance the land for urban development; and
(b) the amenity of, and the community in, the priority living area.

If an application for resource activity was to be made within the priority living area, land owners of
properties which are the subject of the application under the RPI Act would receive a copy of the
application. All interested parties, including landholders, could have a say on the application.
The applicant would have to give public notice of the application and the notification period is at
least 15 business days.

But while Council “assesses” any application for a resource activity, only the Chief Executive
administering the RPI Act can decide applications. The Chief Executive would need to take into
account the local government’s assessment and recommendation.

Noosa Council does not currently have a formal policy position on coal exploration, coal mining
or coal seam gas extraction. Nor are there any direct statements of intent relating to these
matters in the Noosa Plan.

Given there is some potential for EPC 2556 to be extended, it is considered appropriate and
prudent for Noosa Council to indicate its policy position on resource activities, specifically coal
exploration, coal mining and coal seam gas exploration and extraction.




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