The Compliance Maze

Navigating the compliance maze

Any large-scale cropping development is likely to be regulated under a number of pieces of State, Federal and Local Council legislation and planning requirements.

Understanding the requirements for compliance with State, Federal and Local legislation and planning requirements is the key first consideration in exploring the opportunity for cropping development. An outline of relevant legislation and planning requirements is presented in the following sections. Of the legislation described, the Vegetation Management Act will likely have the greatest influence on the capacity to undertake cropping development.

  • A flowchart is provided setting out the decision process to determine how land is classified under the Vegetation Management Act.
  • A StoryMap is also provided that will guide you through the vegetation management mapping process and allow you to navigate to your property to identify capacity and/or approval requirements for cropping development.

The Flowchart and StoryMap will help you to decide which areas of your property on which to focus your development plans. However, while these tools will provide an initial indication of the capacity and approval pathway for cropping development relevant to the Vegetation Management Act, to fully understand the specific requirements and processes that apply to your proposed cropping development, it is strongly recommended that Landowners consult with either:

  • The State Assessment and Referral Agency (SARA); or
  • Their Local Council

Once you have an initial idea of your planned development, a pre-lodgement application is strongly recommended. The response received from this application will identify the relevant assessment manager for your specific proposal, and an initial outline of relevant legislation and matters that will need to be addressed to secure the required approvals. A pre-lodgement application via SARA can be made through the following avenues:

A factsheet outlining the pre-lodgement process with SARA can be accessed at
https://dsdmipprd.blob.core.windows.net/ general/factsheet-seeking-pre-lodgement-advice-from-SARA.pdf

Range of matters DAF administer

The agriculture group within DAF facilitates industry businesses and government to enhance market supply chains, manage risks, and build resilience. The Fisheries group within DAF manages the sustainability and allocation of fisheries resources for all Queenslanders.

Legislation administered by DAF

Legislation that may be relevant to a proposed cropping development:

Acts administered:

  • Fisheries Act 1994

Subordinate legislation:

  • Fisheries (General) Regulation 201

Information required by DAF for proposed development

As noted in the legislative pathway (Section 2.2), the following information may be required for evaluation by DAF to progress a proposal:

  • Demonstrate that the proposed development promotes ecologically sustainable development of the community’s fisheries resources and fish habitats.
  • If relevant, response to the performance outcomes in State Development Assessment Provisions (SDAP) Code 18 – construction or raising of waterway barrier works [1].

Written documentation containing:

  • Details of the proposed cropping development;
  • Description of the waterway proposed to be impacted;
  • Timing and equipment proposed to be used in the proposed work;
  • Details of proposed onsite mitigation actions during and after the development;
  • Information on the impacts to fish passage, demonstrating that impacts to waterways that provide for fish passage have been avoided. Where avoidance is not reasonably possible, demonstrating that the impacts will be mitigated.

[1] Waterway barrier works – structure that inhibits free movement of fish along waterways and onto floodplains, injure fish, or affect fish health and habitat.9