State Planning Policy 2/07: State Planning Policy 2/07: Protection of Extractive ResourcesProtection of Extractive Resources

Presented Presented

byby

Mal Irwin &Mal Irwin &

Andrew MacphersonAndrew Macpherson

Mineral and Mineral and Extractive PlanningExtractive Planning

Aim of WorkshopAim of Workshop

• FamiliarisationFamiliarisation on on State Planning Policy 2/07: State Planning Policy 2/07: Protection of Extractive ResourcesProtection of Extractive Resources(SPP 2/07)(SPP 2/07) and associated SPP 2/07 Guidelineand associated SPP 2/07 Guideline

• TrainingTraining on the implementation of SPP 2/07 and on the implementation of SPP 2/07 and associated SPP 2/07 Guidelineassociated SPP 2/07 Guideline

Recent HistoryRecent History

IPA Schedule 4 IPA Schedule 4 Process for making or amending State Process for making or amending State planning policies:planning policies:

Consultation StageConsultation Stage• Extensive Policy consultation completed in January 2006;Extensive Policy consultation completed in January 2006;• 160 written submissions were considered; and160 written submissions were considered; and• SPP was amended and endorsed by Cabinet; SPP was amended and endorsed by Cabinet;

Adoption StageAdoption Stage• SPP 2/07 was adopted 8 June 2007 by DLGPSR Minister;SPP 2/07 was adopted 8 June 2007 by DLGPSR Minister;• SPP 2/07 notified 8 June 2007SPP 2/07 notified 8 June 2007 in Government Gazette;in Government Gazette;• Submitters and CEOs notified in writing 12-14 June 2007;Submitters and CEOs notified in writing 12-14 June 2007;• SPP 2/07 advertised 16 June 2007 in The Courier Mail and SPP 2/07 advertised 16 June 2007 in The Courier Mail and

regional newspapers;regional newspapers;• Media Statement Media Statement ”New planning policy to protect ”New planning policy to protect

community and quarry resources”community and quarry resources” issued 25 June 2007 issued 25 June 2007 by DME Ministerby DME Minister

Recent History cont’dRecent History cont’d

Status of PolicyStatus of Policy

• State Planning Policy 2/07: State Planning Policy 2/07: Protection of Extractive ResourcesProtection of Extractive Resources

A statutory instrument – Schedule 4 of A statutory instrument – Schedule 4 of Integrated Integrated Planning Act 1997Planning Act 1997

• The State Planning Policy 2/07 GuidelineThe State Planning Policy 2/07 Guideline

Extrinsic material – Extrinsic material – Statutory Instruments Act 1992Statutory Instruments Act 1992

• SPP 2/07 commences on 3 September 2007SPP 2/07 commences on 3 September 2007

Policy OutcomePolicy Outcome

SPP 2/07 identifiesSPP 2/07 identifies those those extractive resources of extractive resources of State or regional significance where extractive State or regional significance where extractive industry development is appropriate industry development is appropriate in principle,in principle, and and aims to protectaims to protect those resources from those resources from developments that might prevent or severely developments that might prevent or severely constrain current or future extraction when the need constrain current or future extraction when the need for utilisation of the resource arisesfor utilisation of the resource arises

Rationale Rationale behind the Policybehind the Policy

• The The locationlocation of extractive resources is determined by of extractive resources is determined by geological conditions and resources geological conditions and resources are by nature are by nature finitefinite

• Need to accessNeed to access extractive resources close to their extractive resources close to their markets markets and minimiseand minimise transport transport

• Consequences of not protectingConsequences of not protecting extractive resources extractive resources are are severesevere for the community for the community

Reflecting the SEQ Regional PlanReflecting the SEQ Regional Plan

• SPP 2/07 is consistent with the SEQ Regional Plan,SPP 2/07 is consistent with the SEQ Regional Plan, which aims to protect extractive resources for which aims to protect extractive resources for potential future extraction and their associated potential future extraction and their associated transport corridors.transport corridors.

• The SEQ Regional Plan relies on SPP 2/07The SEQ Regional Plan relies on SPP 2/07 to provide to provide the detailed basis for achieving this aim.the detailed basis for achieving this aim.

Relationship with other State instrumentsRelationship with other State instruments

The KRAs attached to SPP 2/07:The KRAs attached to SPP 2/07:

– havehave considered existing State instruments considered existing State instruments

– satisfy the public interest of those instruments at a satisfy the public interest of those instruments at a strategic levelstrategic level

– are integrated into ‘the Koala Plan’are integrated into ‘the Koala Plan’ addressing addressing development and land use in Koala Habitat Areasdevelopment and land use in Koala Habitat Areas within the SEQ region (SEQ Regional Plan)(SEQ Regional Plan)

Demand for extractive resourcesDemand for extractive resources

Current figures Current figures show each show each man, woman man, woman and child uses:and child uses:–27 kgs of 27 kgs of rock and sand rock and sand every dayevery day–10 tonnes 10 tonnes each yeareach year–800 tonnes in 800 tonnes in a life timea life time

Queensland’s Queensland’s Population Population Future Future (2006 Edition) –(2006 Edition) –forecasts forecasts mediummediumaverage growth average growth of 77,000 new of 77,000 new people per people per annum over the annum over the next 20 yearsnext 20 years

Accumulated demand Accumulated demand forecasts for SEQforecasts for SEQ(construction aggregates)(construction aggregates)

• Construction aggregates include sand, gravel, quarry Construction aggregates include sand, gravel, quarry rock, clay and soilrock, clay and soil

• They are essential raw materials for building homes, They are essential raw materials for building homes, hospitals, schools, factories as well as supporting hospitals, schools, factories as well as supporting infrastructure such as roads, railways, airports, infrastructure such as roads, railways, airports, seaports, water supply and sewerage systems seaports, water supply and sewerage systems

0

10

20

30

40

50

60

70

2005 2025 2055

(Mt/a)

Source: Source: Queensland Government Mining Journal - September 2005 EditionQueensland Government Mining Journal - September 2005 Edition

Volume 103 No 1220 : Report by Andy Stephens Volume 103 No 1220 : Report by Andy Stephens Mineral and Extractive Planning (NR&M)Mineral and Extractive Planning (NR&M)

• Year 2005 - 25.8 Mt/aYear 2005 - 25.8 Mt/a• Year 2025 - 36.7 Mt/aYear 2025 - 36.7 Mt/a• Year 2055 - 63.6 Mt/aYear 2055 - 63.6 Mt/a

Annual demand Annual demand forecasts for SEQforecasts for SEQ

• In SEQ, extractive resources currently approved In SEQ, extractive resources currently approved for extraction are likely to be exhaustedfor extraction are likely to be exhausted——

if no additional approvals are granted under IPA:if no additional approvals are granted under IPA:

– for sand and gravel by 2017; andfor sand and gravel by 2017; and

– for hardrock by 2021for hardrock by 2021

Supply forecasts for SEQSupply forecasts for SEQ

Implications of additional transport costsImplications of additional transport costs

• In 2005, the average market price per tonne was In 2005, the average market price per tonne was $17. $17. IfIf additional transport costs additional transport costs (say(say 50 kilometres), this 50 kilometres), this would increase the price per tonne would increase the price per tonne between $6.50 and between $6.50 and $9.00$9.00

• In SEQ, the cumulative consumption is estimated at 690 In SEQ, the cumulative consumption is estimated at 690 million tonnes to 2026. million tonnes to 2026. If any If any additional transport costsadditional transport costs (say 50 kilometres), this (say 50 kilometres), this would increase the cost by at least would increase the cost by at least $4.5 - $6.2 billion over $4.5 - $6.2 billion over the 20 year period.the 20 year period.

Implementing the newImplementing the new

State Planning Policy 2/07:State Planning Policy 2/07: Protection Protection of Extractive Resourcesof Extractive Resources

SPP 2/07 and associated SPP 2/07 GuidelineSPP 2/07 and associated SPP 2/07 Guideline

• Under the Under the Integrated Planning Act 1997Integrated Planning Act 1997, the , the Policy has Policy has effect wheneffect when planning schemes are made or amended, planning schemes are made or amended, when development applications are assessed and when when development applications are assessed and when land is designated for community infrastructureland is designated for community infrastructure

• The SPP 2/07 applies to premises within a Key Resource The SPP 2/07 applies to premises within a Key Resource AreaArea

Areas to which SPP 2/07 appliesAreas to which SPP 2/07 appliesrefer Policy Annex 2refer Policy Annex 2

To those local government areas To those local government areas where the Policy identifies all or part where the Policy identifies all or part of a of a Key Resource AreaKey Resource Area (KRA) (KRA) (including transport route)(including transport route)

• the the resource/processing arearesource/processing area; and; and

• the the separation areaseparation area around the extractive around the extractive resource/processing area; andresource/processing area; and

• the associated the associated transport routetransport route with a with a separation area of 100 metres either side of separation area of 100 metres either side of the road or rail reserve boundary or, if no the road or rail reserve boundary or, if no reserve the centre line of the indicated routereserve the centre line of the indicated route

KRA elementsKRA elements

KRA ModelKRA Model

S eparat io nA rea

Tra n s p o r t R o u te

K e y R es o urc e A re aB ou n d ary

Res o urc e/P ro c e s s ing A rea

Example of KRA MapExample of KRA Map

KRAs may be amended byKRAs may be amended by

• A A Local GovernmentLocal Government when making or amending its when making or amending its planning scheme with the agreement of DME and with planning scheme with the agreement of DME and with approval of the planning Minister, orapproval of the planning Minister, or

• DMEDME through the formal review of the SPP as required through the formal review of the SPP as required under Schedule 4 of the IPAunder Schedule 4 of the IPA

• Future KRAs may only be added through the formal Future KRAs may only be added through the formal review of the SPP as required under Schedule 4 of IPA.review of the SPP as required under Schedule 4 of IPA.

How is the Policy outcome achieved ?How is the Policy outcome achieved ?

• By fully incorporating the protection of KRAs By fully incorporating the protection of KRAs when making or amending a planning schemewhen making or amending a planning scheme

• By having regard to the PolicyBy having regard to the Policy when when considering development to which the Policy considering development to which the Policy appliesapplies

• By having regard to the PolicyBy having regard to the Policy when land is when land is designated for community infrastructuredesignated for community infrastructure

Using the Policy when making or amending a Using the Policy when making or amending a planning schemeplanning scheme

refer Policy Part 3 & Guideline Part 4refer Policy Part 3 & Guideline Part 4

• include KRAs as one or more zones or overlays;include KRAs as one or more zones or overlays;• for premises within a KRA and consistent with Part 4:for premises within a KRA and consistent with Part 4:

- allocate compatible land uses;- allocate compatible land uses;

- make development to which the Policy applies - make development to which the Policy applies assessable or self assessable;assessable or self assessable;

- incorporate assessment criteria in one or more - incorporate assessment criteria in one or more applicable codes for assessable or self assessable applicable codes for assessable or self assessable development; anddevelopment; and

• state the information that may be requested for state the information that may be requested for assessing development to which the Policy appliesassessing development to which the Policy applies

Using the PolicyUsing the Policyin in

development assessmentdevelopment assessment

The Policy outcome is achieved The Policy outcome is achieved when development is compatible when development is compatible with current and future extraction, with current and future extraction, processing and transportation of processing and transportation of extractive resourcesextractive resources

Development to which SPP 2/07 appliesDevelopment to which SPP 2/07 applies 

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Reconfiguring a lot in: All KRA areas

Resource / Processing Area

Separation Area for the Resource / Processing Area & Transport Route

Material change of use in:

Resource / Processing Area

Separation Area for the Resource / Processing Area

EXCEPT: Caretaker’s residence for extractive industryAgriculture not involving intensive animal husbandryForestryNature ConservationLand fill or refuse transfer stationPassive recreational uses such as open space

Separation Area for the Transport Route

SPECIFICALLY:Increasing the number of people living in the area

Operational works in:

Separation Area for the Transport Route

SPECIFICALLY:Operational works associated with the making or upgrading of vehicular access to the transport route

S eparat io nA rea

Tra n s p o r t R o u te

K e y R es o urc e A re aB ou nd ary

Res o urc e/P ro c es s ing A rea

The Policy outcome is achieved when development— The Policy outcome is achieved when development—

in ain a resource/processing arearesource/processing area is associated with is associated with either the extraction or processing of the extractive either the extraction or processing of the extractive resource;resource;

Using the PolicyUsing the Policyin in

development assessmentdevelopment assessmentrefer Policy Part 4, Sect 7refer Policy Part 4, Sect 7

The Policy outcome is achieved when development—The Policy outcome is achieved when development—

inin the the separation areaseparation area for a resource/processing area for a resource/processing area(i)(i) does not increase the number of people living in the does not increase the number of people living in the

separation area; and separation area; and

(ii)(ii) to the greatest extent practicable minimises the potential to the greatest extent practicable minimises the potential adverse effects from existing or future extractive industries on adverse effects from existing or future extractive industries on people working or congregating in the separation area; andpeople working or congregating in the separation area; and

(iii)(iii) does not compromise the function of the separation area in does not compromise the function of the separation area in providing a buffer between extractive/processing operations providing a buffer between extractive/processing operations and any incompatible uses outside the separation area;and any incompatible uses outside the separation area;

Using the PolicyUsing the Policyin in

development assessmentdevelopment assessmentrefer Policy Part 4, Sect 7refer Policy Part 4, Sect 7

The Policy outcome is achieved when development—The Policy outcome is achieved when development—

in a in a transport route’s separation area transport route’s separation area does not increase does not increase the number of people living in the separation area; andthe number of people living in the separation area; and

with direct vehicular access to the transport route with direct vehicular access to the transport route does does not adversely affect the safety and efficiency of vehicles not adversely affect the safety and efficiency of vehicles using the transport route to transport extractive using the transport route to transport extractive resources from an existing or future extractive industryresources from an existing or future extractive industry

Using the PolicyUsing the Policyin in

development assessmentdevelopment assessmentrefer Policy Part 4, Sect 7refer Policy Part 4, Sect 7

Regard for the Policy Regard for the Policy when land is when land is designated for community infrastructuredesignated for community infrastructure

Community infrastructure means community infrastructure as stated in Schedule 5 of IPA

A State Minister or a local government may A State Minister or a local government may designate land for community infrastructuredesignate land for community infrastructureRefer to IPA Community Infrastructure IPA Community Infrastructure Implementation Note 1, January 2007Implementation Note 1, January 2007

Acceptable circumstances for Acceptable circumstances for notnot achieving achieving the Policy outcomethe Policy outcome

refer Policy Part 4, Sect 8

(a) the development is a development commitment; or(a) the development is a development commitment; or

(b) a material change of use— (b) a material change of use—

(i) that provides an overriding benefit to the State or (i) that provides an overriding benefit to the State or regional community in social, economic or regional community in social, economic or ecological terms that outweighs the community ecological terms that outweighs the community benefit of maintaining the long-term availability of benefit of maintaining the long-term availability of the extractive resource; and the extractive resource; and

(ii) cannot reasonably be located elsewhere(ii) cannot reasonably be located elsewhere

What SPP 2/07 does What SPP 2/07 does notnot do ? do ?

• Does Does not give quarry approvalnot give quarry approval (refer Policy - Part 4, Sect 7 (2) & Sect 7 (3))(refer Policy - Part 4, Sect 7 (2) & Sect 7 (3))

• Does Does not regulate quarriesnot regulate quarries (refer Policy - Part 2, Sect 5)(refer Policy - Part 2, Sect 5)

• Does Does not remove development rightsnot remove development rights (refer Policy - Part 4, Sect 8 & Part 5, Sect 10)(refer Policy - Part 4, Sect 8 & Part 5, Sect 10)

• Does Does not apply to a ‘domestic activity’not apply to a ‘domestic activity’(refer Policy - Part 5, Sect 10)(refer Policy - Part 5, Sect 10)

• Does Does not apply to building worknot apply to building work(refer Guideline - Sect 3.12)(refer Guideline - Sect 3.12)

Further sources of information and adviceFurther sources of information and advice refer Policy Part 5, Sect 9refer Policy Part 5, Sect 9

• Queensland Department of Local Government, Queensland Department of Local Government, Planning, Sport and RecreationPlanning, Sport and RecreationAdvice on reflecting the Policy in a planning scheme Advice on reflecting the Policy in a planning scheme and the operation of IDASand the operation of IDAS

• Queensland Department of Mines and EnergyQueensland Department of Mines and EnergyAdvice on implementing and interpreting the Policy Advice on implementing and interpreting the Policy and on reflecting same in a planning scheme and on reflecting same in a planning scheme

Contact:• by phone on (07) 3224 2537• by email on SPP@dme.qld.gov.au • or download copy from the Web

www.dme.qld.gov.au or www.ipa.qld.gov.au

FREE COPYFREE COPY

Thank you for your attentionThank you for your attention

Group Exercises and Training MaterialGroup Exercises and Training Material

- SPP 2/07 Training Questions- SPP 2/07 Training Questions

- SPP 2/07 Training Answers- SPP 2/07 Training Answers

- SPP 2/07 Training Notes- SPP 2/07 Training Notes

- Frequently Asked Questions (FAQs)- Frequently Asked Questions (FAQs)

For more information, visit web site:For more information, visit web site:

http://www.nrw.qld.gov.au/mines/http://www.nrw.qld.gov.au/mines/land_tenure/land_use_plans.htmlland_tenure/land_use_plans.html