In the last edition of Envisage magazine, we discussed the Sustainable Ports Development Bill 2015; a significant new piece of legislation set to have a major impact on the efficient and sustainable operation of ports in the Great Barrier Reef World Heritage Area (GBRWHA) and the exportation of Queensland's coal.

On 12 November 2015, the Bill was passed with amendments by the Queensland Parliament. The amendments, introduced by the Hon Dr Anthony Lynham (Minister for State Development and Minister for Natural Resources and Mines), follows the Government's adoption of recommendations made by the Infrastructure, Planning and Natural Resources Committee Report tabled on 1 September 2015.

KEY CHANGES

  • Despite a significant number of submissions petitioning the Government, the Port of Cairns will not be declared a priority port. Instead, the Act will enable future expansion of the port through a limited exemption to the prohibition against capital dredging subject to volumetric limits. The exemption will be reviewed in four years time.
  • Increased public notification and consultation requirements where the Minister decides to review or amend master plans and overlays, including the requirement to notify both the relevant port authority and local government of any decision in relation to these matters. The Minister must maintain a Register on the Department of State Development's website of proposed draft or amended instruments and the outcomes of public consultation.
  • Introduction of examples of how dredge material may be 'beneficially reused', including for land reclamation, beach nourishment and for environmental restoration purposes (such as creating or restoring wetlands or nesting islands).
  • Clarifying the development intent for islands in the Port of Gladstone (Curtis, South Trees, Boyne and others) with the provision that development is possible provided the development is adjacent to the port's strategic port land, a State Development Area or a land zoned special industry under the relevant planning scheme.
  • Deletion of provisions relating to compensation on the basis that landowners can rely on existing compensation processes under the Sustainable Planning Act 2009. As explained in our full analysis the underlying premise for removal of the compensation provisions is wrong.

Master planning has commenced for the Port of Gladstone and the Government has announced that master planning will commence for the Ports of Abbot Point and Townsville in 2016, and for the Ports of Hay Point/Mackay in 2017. It is estimated that the master planning process will take 12 to 18 months.

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