The Queensland Government recently introduced the Sustainable Ports Development Bill 2015 (Qld) (the Bill) to action the Government's election commitments to the Reef 2050 Long-Term Sustainability Plan. The Bill provides protection to the Great Barrier Reef World Heritage Area by managing, regulating and restricting port related development.

This Bill is important as while it aims to protect the Great Barrier Reef, it will likely enhance and increase the level of control, regulation and interaction between the State and Port Authorities over the development and activities of Queensland Ports.

The minister must regulate the planning of priority ports

The Bill regulates the planning of four priority ports – Townville Hay Point, Mackay, Abbot Point and Gladstone (the Master Ports). To do this the State has introduced a two pronged planning framework. The Bill first requires the Minister to prepare a Master Plan highlighting the Port's strategic vision which is then followed by a Port Overlay providing the regulations for the Port's development.

Master plans

The Master Plan area for a Master Port will include the port and may extend to include land that is outside the port's strategic port land. However the Master Plan area will not include areas covered by tidal water that is outside the port's port limits or within a marine park even if that area is within the ports limit.

The Master Plan as explained in Explanatory Memoranda is designed to encourage sustainable growth and development by highlighting both the State's interest, which includes any impact that development in the Master Planned area may have on environmental values, and the strategic vision for the master planned area. The Master Plan will:

  • state the strategic vision, objectives and desired outcomes for the master planned area
  • state any of the State's interests which may be effected by the existing and future uses of the Port
  • construct an environmental management framework which identifies and maps environmental values in the master planned area and surrounding area
  • identify any impacts that development in the master planned area might have on the environmental values
  • state the objectives and measures for managing the impacts identified.

The Minister will then complete a review of the Master Plan for each Master Port at least once every 10 years after the plan takes effect. The review will include an assessment of the boundaries, impacts of development on environmental plans and whether any priority management measures should be changed. The Minister may then amend the plan or make a new plan after review.

The Government's intention seems to be that the Master Plan will allow transparency and co-ordination while optimising the use of existing port infrastructure, addressing operational, economic, environmental and social relationships as well as supply chains and surrounding land uses. However it is not clear how each Master Plan will relate to each Master Ports' existing land use plans. It also remains uncertain what level of control the Port Authorities will have in the construction of the Master Plan and perhaps more controversially, the regulations following the Port Overlay (below).

Port Overlays

Following the Master Plan, the Minister must make a Port Overlay of the Master Plan area. The Port Overlay will act as a regulatory tool to implement the State's interests. Relevantly, the Port Overlay will include:

  • a statement about the purpose of the overlay
  • how environmental impacts will be managed
  • any other matter prescribed by the regulations.

The Port Overlay will prevail where there is inconsistency with an existing planning instrument under the Sustainable Planning Act 2009 (Qld) or a port land use plan under the Transport Infrastructure Act 1994 (Qld).

Given that the level of influence of the Port Authority remains unclear it remains to be seen what practical effects implementation of the Bill will have. What remains clear is that Master Ports will now be working more closely with the State Government and may face increased regulation and restriction where port developments push the boundaries of the State's environmental interests.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.