State Planning Policy - Guideline: Strategic ports docx

State Planning Policy

Guideline: Strategic ports


Draft: April 2013

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The Department of State Development, Infrastructure and Planning leads a coordinated Queensland Government
approach to planning, infrastructure and development across the state.


© State of Queensland. Published by the Department of State Development, Infrastructure and Planning, April 2013,
100 George Street, Brisbane Qld 4000.

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implied, contained within. To the best of our knowledge, the content was correct at the time of publishing.



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Contents

1. Purpose 4
2. Application 5
3. Background—Why are strategic ports a state interest? 6
4. Reflecting the state interest in a local planning instrument 7
5. Tools to assist the achievement of the state interest 9
Appendix 1 – Example code 10

Annexure 1 Definitions and abbreviations 13



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1. Purpose
The purpose of this guideline is to assist local governments in appropriately reflecting the State
Planning Policy (SPP) state interest—Strategic ports in local planning instruments.
The information in this guideline is for guidance purposes only and is not intended to be
interpreted as the only way in which a local government may appropriately reflect the state’s
interest in strategic ports into their planning scheme.
This guideline is intended to be used by local governments to support the drafting of new or
amended planning schemes. The Department of State Development, Infrastructure and
Planning (DSDIP) and the Department Transport and Main Roads (TMR) can provide
assistance as required.

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2. Application
The SPP applies to the making or amending of a local planning instrument where a local
government area contains a strategic port identified in Table 1: Strategic ports.
Table 1: Strategic ports
Strategic ports Abbot Point, Brisbane, Bundaberg, Cairns,
Cape Flattery, Gladstone, Hay Point,
Karumba, Lucinda, Mackay, Mourilyan,
Rockhampton (Port Alma), Thursday Island,
Townsville, Weipa
Relevant local governments to which the
state interest applies
Brisbane City Council
Bundaberg Regional Council
Cairns Regional Council
Carpentaria Shire Council

Cassowary Coast Regional Council
Gladstone Regional Council
Hinchinbrook Shire Council
Hope Vale Aboriginal Shire Council
Mackay Regional Council
Rockhampton Regional Council
Torres Shire Council
Townsville City Council
Whitsunday Regional Council
Weipa Town Authority


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3. Background—Why are strategic ports
a state interest?
Queensland’s ports play an important role in the economic and social wellbeing of the
community by creating significant levels of income and employment for the state and facilitating
the import and export of consumable goods and commodities that are essential for the quality of
life we enjoy.
Ports generate environmental emissions, such as noise, vibration, air particles and light.
Environmental emissions can have adverse impacts on the health, wellbeing and quality of life
of communities located in the vicinity of ports so it is important to ensure that development is
located, designed and/or constructed to reduce the community’s exposure to environmental
emissions.
In recent times, there has been significant population growth in Queensland and an associated
shortage of land to accommodate this growth. As a result in some places urban development

has been encroaching towards port land, increasing the risk of amenity impacts on both the
community and the long-term sustainability of port operations in Queensland.
As it is anticipated that port activities and urban development will continue to grow in
Queensland, it is important that these issues are addressed.

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4. Reflecting the state interest in a local
planning instrument
The following provides guidance around the ways a local government may implement the each
policy element from the SPP.
Policy 1—protecting existing strategic port land or core port land for
strategic ports identified in Table 5: Strategic ports
 Local government planning schemes identify strategic port land and core port land of the
ports identified in Table 5: Strategic ports (Table 1 of this guideline) in their strategic
framework, through both mapping and text
Policy 2—protecting key transport corridors linking ports to the
broader transport network
 Local government planning schemes identify the key transport corridor links to individual
strategic ports in their strategic framework, through both mapping and text
Policy 3—ensuring any development in proximity to a strategic port
does not prejudice the efficient operations of the port and contributes
to mitigating environmental emissions generated by port activities on
the development
 Local government planning schemes ensure compatible land uses are located in
proximity to a port. Incompatible land uses in proximity to ports include sensitive
development

 A non-mandatory port protection code has been prepared to assist local governments in
achieving the policy outcome (Appendix A). This code is intended to be adapted as
appropriate by local government into a planning scheme.
 Local governments may elect to use an overlay to identify areas to which the port
protection code (or similar) should apply or alternatively incorporate similar provisions
into a precinct or local plan code.
 It is important that the code (or similar provisions) only apply to those areas adversely
affected by environmental emissions that comply with the relevant environmental
legislation and conditions of approval that govern the operation of uses with the
boundaries of the strategic port. Control of development within proximity to ports is not
to be used as a management method for the mitigation of the effect of port operations
which fail to satisfy lawfully imposed approval conditions or legislative requirements.
Policy 4— including measures to promote development in proximity
to strategic ports which is compatible with port operations and
environmental emissions
 Local government planning schemes promote the location of compatible uses in
proximity to a strategic port including compatible industrial and commercial uses

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Policy 5 – promoting use of land surrounding strategic ports that is
compatible with, depends upon or gains significant economic
advantage from being in proximity to a strategic port, or supports the
role of the strategic port as a critical freight and logistics hub
 Planning schemes should seek to maximise economic and employment growth
opportunities afforded by the presence of the strategic port.

Policy 6—having regard to the findings of noise, air and light
emission modelling undertaken as part of port planning processes
 Development located in proximity to a port avoids lighting which has the potential to
interfere with navigation
 Local government planning schemes do not locate sensitive development in locations
adversely impacted by noise, air and light emissions generated by ports, as indicated by
port modelling

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5. Tools to assist the achievement of the
state interest
 Queensland Government draft Great Barrier Reef Ports Strategy
 Non-mandatory port protection code (see Appendix A)
 Integrated regional transport plans, TMR
 Port land use plans (available from relevant port authorities)
 Environmental impact statement documentation for coordinated projects relating to
strategic ports is made available through the Office of the Coordinator-General






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Appendix 1 – Example code
Non-mandatory port protection code
The following development assessment measures are non-mandatory and provide guidance
only to local governments. Local governments may choose to adopt all or part of the
development code in their local government planning scheme.
If local governments wish to apply this code for individual ports, the local government must
determine the extent of areas in proximity to ports:
 where lighting associated with development has the potential to interfere with navigation
aids, in consultation with the relevant harbour master
 that are adversely affected by noise and/or dust emissions generated by port activities,
in consultation with the relevant port authority.

The code can then be applied to these areas.
Code: Port protection code
Purpose
The purpose of the code is to ensure that development in proximity to a strategic port does not
prejudice the efficient operations of the port and that it contributes to mitigating environmental
emissions generated by port activities.
Overall outcomes for port protection code
The purpose of the code will be achieved through the following overall outcomes:
 Development is designed and constructed to:
− avoid lighting that has the potential to interfere with navigation aids associated with
a strategic port
− contribute to the mitigation of adverse impacts on the amenity of the community
from emissions where located within areas affected by dust and/or noise generated
by port activities.

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Performance outcomes Acceptable outcomes
Navigation facilities
PO1.0
Development in proximity to ports avoids lighting
that has the potential to interfere with navigation
aids.
AO1.1
Development must ensure that at all times all lights
on or above the development site do not interfere with
safe navigation in surrounding waterways by:
 shielding lights to prevent glare or reflection
 avoiding flood lighting which may reduce the
visibility of aids to navigation
 avoiding flashing or flickering lights which
may be confused with aids to navigation
 avoiding coloured lights such as green, blue
or red lights which may be confused with aids
to navigation.

AO1.2
Lighting complies with section 3 of AS 4282-1997—
Control of the obtrusive effects of outdoor lighting.

AO1.3
Development must not in any way interfere with any

navigation mark or light erected on the development
site.

AO1.4
Development must, to the satisfaction of the relevant
harbour master, keep the sight line of any navigation
leads which cross the development site clear of
obstructions.

Note:
However, with the prior approval of the relevant
harbour master, the developer may make alternative
arrangements for relocating the leads.
Port noise emissions
PO2.0
Sensitive development adversely affected by
noise emissions from ports is designed and
constructed to mitigate adverse amenity impacts.
AO2.1
Sensitive development in proximity to a port ensures
habitable rooms are adequately protected from port
noise to meet the acoustic quality objectives outlined
in schedule 1 of the Environmental Protection (Noise)
Policy 2008.


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Port dust emissions
PO3.0
Sensitive development adversely affected by
dust emissions from ports is designed and
constructed to mitigate adverse amenity impacts.
AO3.1
All external doors and windows (or other
penetrations) are to be provided with appropriate
seals.
All mechanical plant (or other penetrations) are to be
located on the side of the building away from port
operations and appropriately shielded to ensure
deposition dust does not fall directly on to the plant.
All habitable rooms within the building are to be air
conditioned.








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Annexure 1

Definitions and abbreviations
Term Definition
Core port land Section 283K of the Transport Infrastructure Act 1994 defines
core port land as:
(1) land identified in the Brisbane port land use plan (LUP)
as Brisbane core port land, or
(2) land that is subject to a table of assessment for a
precinct, if the port lessee or port lessor has a
registered interest in the land.

Sensitive development and
sensitive land uses
As defined in the Queensland Planning Provisions, sensitive
development and sensitive land uses includes any of the
following:
child care centre, community care centre, community
residence, dual occupancy, dwelling house, educational
establishment, health care services, hospital, hostel, multiple
dwelling, office, relocatable home park, residential care
facility, retirement facility, short-term accommodation, tourist
park.

Strategic port A strategic port meets either of the following criteria:
strategic port land is located at the facility, or
core port land is located at the facility (e.g. Port of Brisbane).

Strategic port land Under the Transport Infrastructure Act 1994 strategic port land
is land required for strategic port purposes which is owned or

leased by a port authority, and is identified in the port land use
plan.

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Department of State Development, Infrastructure and Planning
PO Box 15009 City East Qld 4002
tel 13 QGOV (13 74 68)



www.dsdip.qld.gov.au