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Land use and planning

State Planning Policies (SPPs) set out the State Government's interest in development-related economic, social, or environmental issues that can be implemented through planning schemes and development assessment.

On 8 June 2007, The Honourable Andrew Fraser, Minister for Local Government, Planning and Sport adopted the State Planning Policy 2/07: Protection of Extractive Resources (the Policy) under the Integrated Planning Act 1997 (IPA) with effect from 3 September 2007.

The Policy is a joint initiative between the Departments of Mines and Energy and Local Government, Planning, Sport and Recreation.

The Policy

The Policy seeks to maintain the long-term availability of major extractive resources by protecting these resources and their main transport routes from incompatible land uses. This is achieved through local government planning schemes and assessment of development located near extractive resources.

The Policy has effect:

  • in development assessment when the Policy is not appropriately reflected in the applicable planning scheme;
  • when planning schemes are made or amended and
  • when land is designated for community infrastructure.

State Planning Policy 2/07 (complete) (PDF, 10 MB)*

The Policy has also been divided into sections for faster downloads.

Guideline

The Policy is supported by a guideline that provides information and advice on implementing the Policy. The guideline also outlines the criteria for inclusion of a Key Resource Area (KRA) in the Policy, measures for achieving compatibility of development within KRAs and information on each KRA.

State Planning Policy 2/07 Guideline (PDF, 326 kB)

Key Resource Area (KRA) maps

Major extractive resources identified in the Policy are referred to as key resource areas (KRAs). A KRA encompasses:

  • the extractive resource and on-site processing area;
  • the associated transport route, usually a road haulage route and
  • a separation area around the resource and processing area and the transport route

The KRA maps are available for download as separate PDF documents.

Frequently asked questions

FAQ 1. When will the State Planning Policy 2/07 - Protection of Extractive Resources (the Policy) take effect?

FAQ 2. Does the Policy allow automatic approval of a quarry or quarry expansion when an application is made?

FAQ 3. My property falls wholly or partly within a Separation Area. Can I build a house on my lot or extend my house?

FAQ 4. I believe I have an existing right to subdivide and yet I have been included within the Separation Area. What should I do?

FAQ 5. I believe that my property might have reduced in value because it is included in a Separation Area. Will I be compensated for the decrease in value of my property or will the quarry company be forced to buy me out?

FAQ 6. How can a Key Resource Area (KRA) be amended or removed from the Policy?

FAQ 7. What is the process for inclusion of an extractive resource in the Policy?

FAQ 8. Does the Policy address the impacts associated with quarrying?

FAQ 9. Does the Policy take into account environmental values within KRAs?



FAQ 1. When will the State Planning Policy 2/07 - Protection of Extractive Resources (the Policy) take effect?


Answer: The Policy will take effect from 3 September 2007. Following commencement, the Policy must be used in development assessments until it is appropriately reflected in the relevant local government's planning scheme.

 

FAQ 2. Does the Policy allow automatic approval of a quarry or quarry expansion when an application is made?


Answer: No. The Policy is a planning tool designed to protect quarry resources from incompatible land uses. The inclusion of a resource as a Key Resource Area (KRA) in the Policy does not provide a quarry approval. This is a separate and rigorous process under the Integrated Planning Act 1997 and other relevant legislation such as the Environmental Protection Act 1994 and the Vegetation Management Act 1999.

 

FAQ 3. My property falls wholly or partly within a Separation Area. Can I build a house on my lot or extend my house?


Answer: Yes. The Policy does not affect your right to build a principal residence or to extend your house whether you are wholly or partly within the Separation Area as long as your development is consistent with the local planning scheme. However, development that increases residential densities or increases the number of lots that have a residential component within the separation area is not supported by the Policy.

 

FAQ 4. I believe I have an existing right to subdivide and yet I have been included within the Separation Area. What should I do?


Answer: The Policy will not affect your existing rights to subdivide as long as you have a current development approval or it is consistent with the planning scheme. This is referred to in the Policy as a 'development commitment'. You should check with your local council to confirm the currency of your development rights.

 

FAQ 5. I believe that my property might have reduced in value because it is included in a Separation Area. Will I be compensated for the decrease in value of my property or will the quarry company be forced to buy me out?


Answer: No. Under the Integrated Planning Act 1997 a person is not entitled to be paid compensation if their interest in land is affected by a statutory instrument such as a State Planning Policy. There are also no legal mechanisms to force quarry companies to purchase such properties but companies may choose to do so.

 

FAQ 6. How can a Key Resource Area (KRA) be amended or removed from the Policy?


Answer: A KRA can be amended if there is new information regarding, for example, the extent of the resource or a change in the actual or potential contribution of the resource to the development of the surrounding region.

A KRA can be amended by:

  • a local government in its planning scheme with the agreement of the Department of Mines and Energy and with approval by the planning Minister, or
  • the Department of Mines and Energy, through the formal review process for a State Planning Policy as required under Schedule 4 of the Integrated Planning Act 1997.

A KRA can be removed from the Policy through the same processes. This may occur if the resource has been exhausted. It is intended to conduct an ongoing review of KRAs.

 

FAQ 7. What is the process for inclusion of an extractive resource in the Policy?

Answer: A resource is assessed for size, production capability, market, scarcity of a particular commodity, and for specialised need such as strategic infrastructure developments.


This will determine whether or not a resource is likely to warrant consideration as a KRA. If a resource meets any of those criteria, the resource area's social, cultural and environmental values will be considered in defining the boundaries of a potential KRA. Relevant stakeholders will also be consulted. The resource is then nominated for approval as a KRA under the Policy. A development assessment process is still required to determine if and how an extractive industry operation may proceed.

 

FAQ 8. Does the Policy address the impacts associated with quarrying?


Answer: No. While one of the outcomes of the Policy is to ensure the separation of land uses sensitive to the impacts of extractive industry, the Policy was not designed to directly address the management of amenity and traffic impacts of extractive industry. These impacts are regulated through the development process under the Integrated Planning Act 1997 and through various legislation such as the Environmental Protection Act 1994.

 

FAQ 9. Does the Policy take into account environmental values within KRAs?


Answer: Yes. The Resource/Processing Areas of certain KRAs have been found to have significant biodiversity, ecological, conservation, cultural heritage and indigenous values. These values were assessed as part of the process for defining the boundaries of a KRA. Information on these values and how they were dealt with are included in Appendix 3 - Key Resource Area Information reports of the Guideline.

 

Applications for extractive industry in these particular KRAs will need to be assessed on a case-by-case basis to avoid or mitigate any potential adverse impacts on these values, while maintaining the long-term availability of the extractive resource.

Explanatory Notes and Example Exercises

The following documents were presented at training workshops for planners held in regional centres in Queensland prior to commencemnet of the Policy on 3 September 2007.

1. Download SPP 2/07 Training Handout - August 2007 (PDF 337 kB)

2. Download SPP 2/07 Training Questions - August 2007 (PDF 864 kB)

3. Download SPP 2/07 Training Answers - August 2007 (PDF 95 kB)

4. Download SPP 2/07 Implementation Presentation - August 2007 (Powerpoint Zip file 10.6 MB)

Key contacts

If you would like a CD or hardcopy of the Policy and guideline, please contact:

DME Information Centre
Level 2, Mineral House
41 George Street,
Brisbane Qld 4000
Phone: +61 7 3237 1434
Information Centre email address

For more information about the Policy, please contact:

Manager
Mineral and Extractive Planning
Department of Mines and Energy
PO Box 15216
City East Qld 4002
Phone: + 61 7 3237 1422
Fax: + 61 7 3237 1634
Email: Mineral and Extractive Planning

If you have problems downloading any of these documents, or would like a copy sent via mail, please contact:

Mineral and Extractive Planning
Department of Mines and Energy
PO Box 15216
City East Qld 4002
Phone: +61 7 3227 6656
Fax: + 61 7 3237 1634
Email: Mineral and Extractive Planning

 

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Last Updated 01 August 2008