Transition from self-assessable codes to accepted development requirements
From 3 July, 2017 the Planning Act 2016 takes effect. In line with legislative reform, existing self-assessable codes for fisheries development will no longer apply. Self-assessable development will be transitioned into accepted development.
Prior to 3 July, 2017, any development that has commenced under the Department of Agriculture and Fisheries’ self-assessable codes can be completed in accordance with the relevant self-assessable code.
On/after 3 July, 2017, any development that is accepted development under the Planning Act must be completed in accordance with the below accepted development requirements.
The accepted development requirements are prepared under the Planning Act 2016 and the Fisheries Act 1994 and specify the requirements for development to be accepted development.
For development to be accepted development it must comply with all of the requirements within the relevant accepted development requirements document. Ensure that the development complies with all requirements before proceeding. If the development does not comply, it is assessable development and a development application must be lodged with the Department of Infrastructure, Local Government and Planning (DILGP), State Assessment and Referral Agency (SARA).
Waterway barrier works
Waterway barrier works1 may inhibit the free movement of fish along waterways and onto floodplains, injure fish and affect fish health and habitat. Fish passage is an essential requirement for the survival and productivity of many species of Queensland fish. Reducing fish’s access to habitat reduces fisheries productivity. Some species must move into different habitats for breeding or rearing of young, or to access critical habitats for food and protection.
Thousands of instream structures such as dams and culverts have been built on waterways throughout Queensland. The loss of access to habitat has caused the decline in distribution of native fish populations. It is therefore essential that the development of new, or raising of existing waterway barriers, in addition to maintenance of existing structures, are designed, constructed and operated to provide adequate fish passage.
For work involving the constructing or raising of waterway barrier works that is accepted development, use: Accepted development requirements for operational work that is constructing or raising waterway barrier works (PDF, 2.2MB).
Marine plants are protected and provide important habitat for Queensland’s fish, including the provision of shelter, food and nursery areas for many fish species. Effective protection and management of marine plants will assist in sustaining Queensland’s fish stocks for recreational, commercial and traditional fisheries.
For work involving the removal, destruction or damage of a marine plant that is accepted development, use: Accepted development requirements for operational work that is the removal, destruction or damage of marine plants (PDF, 992.8KB).
Aquaculture refers to the cultivation of live fisheries resources for sale other than in circumstances prescribed under a regulation.
For work involving aquaculture that is accepted development, use: Accepted development requirements for material change of use that is aquaculture (PDF, 525.8KB).
Declared Fish Habitat Areas
Declared Fish Habitat Areas are areas of high value fish habitat that are protected from physical disturbance associated with coastal development. Fish Habitat Areas are declared and managed under the provisions of the Fisheries Act 1994 and Fisheries Regulation 2008.
Locations, plans, and other information about declared Fish Habitat Areas are available from the Department of National Parks, Sport and Racing. Refer also to Schedule 3 of the Fisheries Regulation 2008.
For work that is completely or partly within a declared Fish Habitat Area that is accepted development, use: Accepted development requirements for operational work that is completely or partly within a declared fish habitat area.