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Activities in Wild River Areas

Background

The Queensland Government through the Department of Natural Resources and Water (NRW) declared six wild rivers under the Wild Rivers Act 2005 (WR Act) on 28 February 2007, to preserve the natural values of Fraser and the Hinchinbrook Islands, and the Staaten, Settlement, Morning Inlet, and Gregory river systems. These six wild river areas were selected as they:

The term wild river includes the main streams of the rivers, its major tributaries and its estuary (for coastal rivers) or terminal wetland. Specified special features are also identified for each wild river area. Special features are off-stream elements of the river network that play a significant role in maintaining the natural values of the river.

Legislative Amendments

The WR Act amended several pieces of legislation to include wild river assessment in existing assessment processes for certain types of development activities. These legislative amendments require regulating bodies such as assessment managers to assess certain applications against the WR Act, the relevant wild river declaration and/or the wild rivers code. Wild river requirements are additional to the requirements of existing legislation.

The Environmental Protection Agency (EPA) is the administering authority that assesses mining and petroleum applications, and will be either the assessment manager or concurrence agency for the following applications made within wild river areas:

Note ** Some ERAs are devolved to Local Government or are delegated to the Department of Primary Industries and Fisheries (DPI&F).

Applications under the Integrated Planning Act 1997 will be assessed against the WR Act, the Wild Rivers Code, and the relevant wild river declaration. Applications under the Environmental Protection Act 1994 for mining and petroleum activities will be assessed against the WR Act and the relevant wild rivers declaration.

The EPA will continue to regulate the allocation of quarry material from below high water mark under Section 73 of the Coastal Protection and Management Act 1995. However, new allocations must not be granted in wild river areas.

See Tables 1 and 2 below for guidance regarding legislative requirements under the WR Act for applications made within declared wild river areas.

Wild River Declarations

Separate declarations have been made for each of the wild river areas to reflect the different geographic and hydrological environments of each wild river area. Each declaration lists requirements that must be complied with for certain development activities, resource allocations and mining authorities to be approved. The declaration also designates 'management areas' (see below) within which different requirements will apply.

Wild river requirements for environmental authorities for mining and petroleum activities and in some cases for Environmental Impact Statements are set out in each relevant declaration.
The declarations can be downloaded from the NRW website.

Wild Rivers Code

The code applies only to development activities that are assessable under the Integrated Planning Act 1997 (IPA).

The code lists required outcomes and provides possible solutions to meet the required outcomes for each specific development activity. An application/applicant must demonstrate how the intended development activity will achieve the required outcomes. An alternative solution may be proposed providing the required outcomes are achieved. These outcomes are broadly linked to preserving one or more of the wild rivers natural values. In some cases, the code provides mandatory requirements that applications must address.

The code can be downloaded from the NRW website.

Wild River Management Areas

Each wild river area is divided into management areas and different requirements may apply to development activities within each management area. Up to six management areas can occur in each wild river area, for example, high preservation area, preservation area and designated urban area. The high preservation area and preservation area are mutually exclusive. See the NRW website for more details.

More information

NRW has developed an IPA guideline to assist applicants, assessment managers and concurrence agencies. The guideline is to be used in conjunction with the relevant wild river declaration, the wild river codes, as well as other IPA guidelines related to the proposed development activity.

More information can be found at the Department of Infrastructure and Planning - Guides page.

See Tables 1 and 2 below for guidance regarding legislative requirements under the WR Act for applications made within declared wild river areas.

Table 1 - Mining and Petroleum Activities in Wild River Areas

Activity description and authorisation required  Mining activities
Application for an environmental authority.
Relevant legislation 

Environmental Protection Act 1994 (s41, 151, 162 (2), 163 (3), 163B (2), 170 (4b) 171(2), 173 (2), 176(2), 189 (1da), 193 (3b), 203 (1da) 207(2), 210(3), 223(d) and 225(3)).
Wild river requirements: High Preservation Area
(HPA)

No Wild Rivers Code requirements for mining activities, however the relevant declaration sets conditions and matters to be considered before the grant of a level 1 or 2 environmental authority (mining activities).

Note: An application to mine below a HPA (mining lease) must include an EIS that addresses the draft terms of reference listed in the relevant wild river declaration.
Wild river requirements: Preservation Area
(PA)

No Wild Rivers Code requirements for mining activities, however the relevant declaration sets conditions and matters to be considered before the grant of a level 1 or 2 environmental authority (mining activities).

Note: An application to mine below a nominated waterway (mining lease) must include an EIS that addresses the draft terms of reference listed in the relevant wild river declaration.

Section 383 (4) of the Mineral Resources Act 1989 states that mining can be undertaken in a nominated waterway only if the mining lease is, or is included in a project declared under the State Development and Public Works Organisation Act 1971, section 26, to be a significant project and the report evaluating the EIS for the project shows:

  • the natural values of the wild river, included in the wild river preservation area, will be preserved; and
  • it is not reasonably feasible to take the natural resource under the lease by underground mining; and
  • the value of the natural resource is sufficient to warrant the grant of the lease over a nominated waterway.

In a PA mining activities authorised by mining claims and prospecting permits remain Level 2 mining projects. An exploration permit in a PA may be a Level 1 or Level 2 mining project, (level 2 mining projects must comply with the criteria in the Environmental Protection Regulation 2008).
Agency role and other legislative requirements

Administering Authority: EPA

Level 1 mining projects require an EM Plan and possibly an EIS. Additional conditions may also be imposed (via declarations).

Level 2 mining projects may be code compliant or not depending on the level of environmental impact.

For a level 2 activity to be code compliant the activity must comply with the standard environmental conditions in the relevant EPA code of environmental compliance.
Additional conditions may be imposed (consistent with the relevant declaration) for non-code compliant Level 2 activities.
Activity description and authorisation required

Petroleum activities
Application for an environmental authority
Relevant legislation

Environmental Protection Act 1994 (s97(b), 113(b), 93(2A), 98(2), 114(2)).
Wild river requirements: High Preservation Area
(HPA)

Must comply with conditions stated in the relevant declaration.
Wild river requirements: Preservation Area
(PA)

Must comply with conditions stated in the relevant declaration.
Agency role and other legislative requirements

Administering Authority: EPA

Level 1 petroleum activities require an EM Plan (non-code compliant).

Level 2 - currently non-code compliant until the code of environmental compliance is approved for implementation.

Table 2 - IPA ERA Activities in Wild River Areas


Activity description and authorisation required 

IPA ERAs

Application for a development approval:

  • for a material change of use;
  • development for a mobile and temporary ERA; or
  • development for an ERA where a code of environmental compliance has been made.
Relevant legislation

Environmental Protection Act 1994 (s73AA) & IPA (Sch 8, pt 1, table 2, item 1; table 5, items 3 and 4).
Wild river requirements: High Preservation Area
(HPA)

Prohibited* in a HPA except:

  • ERAs 63 & 64 (sewage and water treatment plants), (See (i));
  • ERA 16 (dredging material) where an allocation is held;
  • ERA 16 (screening) outside waters and for specified works or residential complexes,
  • ERA 16 (extracting rock or other material) if a low impact activity, carried out outside waters and is for specified works or residential complexes, (See (ii) & (iii)); and
  • ERA 8 (crude oil or petroleum product storage), for residential complexes in the area and outside a designated urban area.

The following IPA ERAs are exempt from wild river requirements in a Designated Urban Area (DUA):

  • ERAs 63 & 64 (sewage and water treatment plants);
  • ERA 2 intensive animal feedlotting, for keeping 50 to 150 standard cattle units or 350 to 1000 standard sheep units in a feedlot;
  • ERA 3 pig keeping, for keeping 21 to 400 standard pig units; ERA 4 poultry farming, for farming more than 1000 to less than 200000 birds; ERA 6 asphalt manufacturing, for manufacturing less than 1000t of asphalt in a year;
  • ERA 16 extractive and screening activities, for extracting, other than by dredging, in a year, less than 5000t of material from a wild river area.
  • Permitted IPA ERAs in a HPA are subject to code-assessment against the Wild Rivers Code.

    Note:
    i) The AM and CA must be satisfied that no viable site exists outside an HPA for ERA 63 or 64. If this cannot be proved, the assessment manager must refuse to receive the application.

    ii) In an FMA, ERA 16 (out of waters) is not permitted unless low impact and for specified works or for residential complexes.

    iii) A 'low impact activity' means a borrow pit not more than 10 000m 3.
Wild river requirements: Preservation Area
(PA)

In a PA, all IPA ERAs are permitted, subject to assessment against the Wild Rivers Code, except ERA 16 in waters which is prohibited, unless an allocation is held.

The following ERAs are exempt from wild river requirements in a DUA:

  • ERA 28 (motor vehicle workshop);
  • ERAs 63 & 64 (sewage and water treatment plants); and;
  • An ERA for which there is no aggregate environmental score except:
    • ERA 2 intensive animal feedlotting, for keeping 50 to 150 standard cattle units or 350 to 1000 standard sheep units in a feedlot;
    • ERA 3 pig keeping, for keeping 21 to 400 standard pig units;
    • ERA 4 poultry farming, for farming more than 1000 to less than 200000 birds;
    • ERA 6 asphalt manufacturing, for manufacturing less than 1000t of asphalt in a year;
    • ERA 16 extractive and screening activities, for extracting, other than by dredging, in a year, less than 5000t of material from a wild river area

Note: i) In a FMA, ERA 16 (out of waters) is not permitted, unless low impact and for specified works or for residential complexes.
Agency role and other legislative requirements

See Schedule 8A of IPA for Assessment Manager (AM) and Concurrence Agency (CA) roles for ERAs.

Note: All IPA ERAs proposed within a wild river area are assessable development. Under IPA Schedule 8, Part 1, Table 2, (Item 1) is the main ERA trigger. Table 5 (Item 3 and 4) are additional special cases. Item 4 is "An ERA (other than a mining or a petroleum activity) for which a code of environmental compliance has been made under a regulation under the Environmental Protection Act 1994,, but only to the extent development for the activity is in a wild river area."
Activity description and authorisation required

Quarry material allocation

Application for:

  • Quarry Material allocation notice (Water Act);
  • an allocation for quarry material from below high water mark under the Coastal Act.
Relevant legislation
  1. Water Act 2000 (s280, 282),
  2. Coastal Protection and Management Act 1995 (s73 (3)).
Wild river requirements: High Preservation Area
(HPA)
  1. A new allocation under the Water Act is prohibited in a HPA unless for specified works or for residential complexes. If an existing allocation notice is held, the development for ERA 16 is assessable against the wild rivers code and relevant declaration.
  2. No new allocations may be made under the Coastal Act.
Wild river requirements: Preservation Area
(PA)
  1. A new allocation under the Water Act is prohibited unless for specified works or for residential complexes. If an existing allocation notice is held, the development for ERA 16 is assessable against the wild rivers code and relevant declaration.
  2. No new allocations may be made under the Coastal Act
Agency role and other legislative requirements
  1. Approving Agency: NRW (non tidal watercourse).
  2. Approving Agency: EPA (tidal areas).

Note: See IPA guide 16 - Quarrying in a watercourse or lake.
Activity description and authorisation required

Operational works in tidal areas and Coastal Management Districts
Application for a development permit.
Relevant legislation

Coastal Protection and Management Act 1995 (s104A) & the Integrated Planning Act 1997 (Sch 8, pt 1, table 4, item 5).
Wild river requirements: High Preservation Area
(HPA)

Prohibited* unless for specified works. Specified works are permitted subject to code-assessment against Wild Rivers Code.
Wild river requirements: Preservation Area
(PA)

Prohibited* unless for specified works. Specified works are permitted subject to code-assessment against Wild Rivers Code.
Agency role and other legislative requirements

See Schedule 8A of IPA for Assessment Manager (AM) and Concurrence Agency (CA) roles for assessable coastal operational works. Local Government is AM for prescribed tidal works in a single local government tidal area

Note: EPA as concurrence agency may condition development approval based on policies in state coastal plan or regional coastal plans

Legend:
DUA - designated urban area (see the WR Act schedule)
FMA - floodplain management area (see the WR Act schedule)
AM - assessment manager
CA - concurrence agency
Coastal Act - Coastal Protection and Management Act 1995
Aggregate environmental score - the scoreallocated to an ERA developed from a methodology which takes into account environmental emissions based on an emission score determined from the average annual emissions to air, land and water and a site attribute score. The aggregate environmental score is used to calculate the fee required to operate the activity. Refer to Schedule 2 of the Environmental Protection Regulation 2008.

Note: The term Prohibited* in the context of Table 2 means that the application will not be accepted by the assessment manager if made within a wild river area. The term "Permitted" means that the application will be subject to assessment against the WR Act, the relevant declaration and the wild rivers code.

Last updated: 20 March 2009