Download Matters of National and State Environmental Significance

Matters of National and State Environmental
Significance
State Planning Policy fact sheet
Purpose
Matters of national and state environmental significance underpin the State Planning Policy (SPP) state
interest—biodiversity. The purpose of this fact sheet is to broadly describe both national and state
environmental values and their application to the SPP in plan-making and development assessment under the
Sustainable Planning Act 2009 (SPA).
Biodiversity state interest statement:
Matters of national and state environmental significance are valued and appropriately safeguarded to
support healthy and resilient ecosystems and ensure the sustainable, long-term conservation of biodiversity
and the social, economic, cultural and environmental benefits it provides.
What are matters of national environmental
significance?
Matters of national environmental significance (MNES) are protected under the Commonwealth Environment
Protection and Biodiversity Conservation Act 1999 (EPBC Act) and include:

world heritage properties

national heritage places

wetlands of international importance (listed under the Ramsar Convention)

listed threatened species and ecological communities

migratory species protected under international agreements

Commonwealth marine areas

the Great Barrier Reef Marine Park or

protection of the environment from nuclear actions (including uranium mines)*.
* Nuclear actions are not considered as part of the biodiversity state interest for the SPP
Actions that have, or are likely to have, a significant impact on MNES require approval from the relevant
Australian Government Minister—currently the Commonwealth Minister for Sustainability, Environment, Water,
Population and Communities.
A significant impact is defined as ‘an impact which is important, notable, or of consequence, having regard
to its context or intensity’. The Significant Impact Guidelines 1.1: Matters of National Environmental
Significance is available at www.environment.gov.au/epbc/publications/nes-guidelines.html.
A detailed description of the specific natural values and areas comprising MNES is included in Table 1:
Matters of national environmental significance.
Application to the SPP
The SPP state interest—biodiversity applies only to those seven MNES that relate to natural values,
features or areas that are within Queensland, including Queensland’s coastal waters. The protection of the
environment from nuclear actions (including uranium mines) is an activity/process rather than a natural
value, feature or area and therefore does not apply to the biodiversity state interest. World or national
heritage places listed for cultural heritage values are also to be considered as part of the SPP state
interest—cultural heritage.
The SPP seeks to front load consideration of MNES in the planning framework by requiring local
governments to consider and reflect these values, features or areas in making and amending a local
planning instrument. The SPP does not include any specific development assessment requirements for
local government in relation to MNES and does not duplicate or conflict with the requirements of existing
Commonwealth processes.
What are matters of state environmental
significance?
Matters of state environmental significance (MSES) include the following natural values and areas protected
under Queensland’s environmental legislation:

protected area estates (including all classes of protected area except nature refuges and
coordinated conservation areas) under the Nature Conservation Act 1992

marine parks (including 'marine national park’, 'marine conservation park', ‘scientific research’,
‘preservation’ and ‘buffer’ zones) under the Marine Parks Act 2004

fish habitat areas A and B under the Fisheries Act 1994

threatened species (including plants, animals and animal breeding places) under the Nature
Conservation Act 1992

regulated vegetation under the Vegetation Management Act 2009 including:
o regional ecosystems identified as ‘endangered’, ‘of concern’, ‘connectivity areas’, ‘critically
limited’, ‘threshold’ and ‘wetland’
o ‘high value regrowth’ areas containing ‘endangered’ or ‘of concern’ regional ecosystems; and
o regional ecosystems identified as ‘watercourse’

high preservation areas of wild rivers under the Wild Rivers Act 2005

high conservation value wetlands under the Environment Protection Act 1994 including:
o wetlands assessed as containing 'high' or 'very high' values via a conservation assessment, or
o where a conservation assessment has not yet been completed; wetlands that intersect with
areas shown in the 'Directory of Important Wetlands' and high ecological value wetlands and
waterways declared under the Environmental Protection (Water) Policy 2009

legally secured offset areas.
2
A detailed description of the specific natural values and areas comprising MSES is included in Table 2:
Matters of state environmental significance.
Application to the SPP
The SPP state interest—biodiversity includes policies relating to MSES for making and amending a local
planning instrument and development assessment. Policies related to development assessment in the state
interest—biodiversity do not apply if it can be demonstrated that there are no MSES on a site or an area.
Supporting information
MNES mapping
Commonwealth mapping is available to support the SPP state interest—biodiversity. For MNES, interactive
mapping including a Protected Matters Search Tool can be found at:
www.environment.gov.au/epbc/protect/index.html. The Protected Matters Search Tool can be used to
generate a report and identify those MNES that are known to, likely to, or that may occur, in a particular
area or region. MNES mapping is indicative and should only be used by local governments as an advisory
decision support tool.
MSES mapping
The Department of State Development, Infrastructure and Planning (DSDIP) SPP Interactive Mapping
System is being developed and will be available with the finalised SPP. MSES will be spatially represented
on this system to support the state interest—biodiversity of the SPP.
Status of MSES Mapping
MSES mapping for the purposes of the SPP will not replace the statutory mapping or environmental values
specifically called up under laws or regulations (although many of these will be integrated into the MSES
mapping). Similarly, the SPP and state interest—biodiversity does not override or supersede specific
statutory requirements outside of SPA. Some of the more specific statutory requirements that will
continue to apply in addition to the SPP include the regulation of activities in declared fish habitat areas
under the Fisheries Act 1994 or regional ecosystems under the Vegetation Management Act 1999.
In addition, MSES mapping will not be the equivalent of a zoning map. Rather, it will provide an indication
of where the biodiversity values are expected to exist in the landscape and should only to be used
as a guide, to assist planning and development assessment decision making under the SPA.
SPP guideline—biodiversity
Additional guidance material including the SPP Guideline—biodiversity is currently being prepared to further
support the SPP state interest—biodiversity. The purpose of the SPP Guideline—biodiversity will be to
assist local governments and developers in interpreting and appropriately addressing the policy elements of
the state interest—biodiversity in local planning instruments and/or development assessment.
3
Table 1: Matters of national environmental significance (MNES)
Category
World Heritage
properties
Description
Includes a declared World Heritage property that has been
included in the World Heritage List or declared by the
Minister (federal) to be a World Heritage property
Applicable legislation
Environment Protection and
Biodiversity Conservation Act
1999 (Commonwealth)
Values to be considered


(Chapter 2, Part 3, Subdivision A)
National
Heritage places
Wetlands of
international
importance
Listed
threatened
species and
ecological
communities
Migratory
species
Includes a National Heritage place that has been included
on the National Heritage List
Includes a wetland designated by the Commonwealth under
Article 2 of the Ramsar Convention or declared by the
Minister (federal) to be a declared Ramsar wetland
Includes nationally threatened native species (flora and
fauna) and ecological communities:
 extinct
 extinct in the wild
 critically endangered
 endangered
 vulnerable
 conservation dependent
Includes all migratory species that are native species
protected under international agreements including (but not
limited to) the:
 Convention on the Conservation of Migratory
Species of Wild Animals (Bonn Convention)
 China-Australia Migratory Bird Agreement (CAMBA)
 Japan-Australia Migratory Bird Agreement (JAMBA)
Environment Protection and
Biodiversity Conservation Act
1999 (Commonwealth)


The Outstanding Universal Values and
applicable criteria for which the World Heritage
property was listed
Natural values relate to the SPP state interest—
biodiversity; cultural values relate to the SPP
state interest—cultural heritage
The heritage values for which the national
heritage place was listed
Natural values relate to the SPP state interest—
biodiversity; cultural values relate to the SPP
state interest—cultural heritage
(Chapter 2, Part 3, Subdivision
AA)
Environment Protection and
Biodiversity Conservation Act
1999 (Commonwealth)

Values include the ecological character
descriptions and the Ramsar criteria for which
these wetlands were listed
(Chapter 2, Part 3, Subdivision B)
Environment Protection and
Biodiversity Conservation Act
1999 (Commonwealth)

Values include breeding and roosting habitat

Values include breeding and roosting habitat
(Chapter 2, Part 3, Subdivision C)
Environment Protection and
Biodiversity Conservation Act
1999 (Commonwealth)
(Chapter 2, Part 3, Subdivision D)
4
Category
Commonwealth
marine areas
Description
Includes the coastal waters that are not state or territory
waters (and the seabed and airspace under and above
these waters) within Australia's exclusive economic zone
and/or over the continental shelf of Australia
Applicable legislation
Environment Protection and
Biodiversity Conservation Act
1999 (Commonwealth)
Values to be considered

The values expressed in the Great Barrier Reef
Marine Park Act 1975 (Commonwealth)

The natural and cultural heritage values for
which the Great Barrier Reef World Heritage
Area was listed
The values expressed in the Great Barrier Reef
Marine Park Act 1975 (Commonwealth)
(Chapter 2, Part 3, Subdivision F)
The Great
Barrier Reef
Marine Park
Includes the Great Barrier Reef Marine Park
Great Barrier Reef Marine Park
Act 1975 (Commonwealth)
Environment Protection and
Biodiversity Conservation Act
1999 (Commonwealth)

(Chapter 2, Part 3, Subdivision
FA)
Nuclear actions
(including
uranium mines)
Not applicable to the SPP
Great Barrier Reef Marine Park
Act 1975 (Commonwealth)
Not applicable to the SPP
Not applicable to the SPP
5
Table 2: Matters of state environmental significance (MSES)
Category
Description
Applicable legislation
Includes all classes of protected area (except nature
refuges and coordinated conservation areas):
 National Park (scientific)
 National Park
 National Park (Aboriginal land)
 National Park (Torres Strait Islander land)
 National Park (Cape York Peninsula
Aboriginal land)
 National Park (recovery)
 Conservation Parks
 Resources Reserve
 Forest Reserve
Nature Conservation Act 1992
(Sections 4, 5 and 29)
Includes the following state marine park zones:
 Marine National Park Zone
 Marine Conservation Park Zone
 Scientific Research Zone
 Preservation Zone
 Buffer Zone
Marine Parks Act 2004
(Section 5)
Fish habitat
areas
Includes the following fish habitat areas:
 Fish habitat area A
 Fish habitat area B
Threatened
species
Includes species (flora and fauna) listed as:
 Vulnerable or
 Endangered
Protected area
estates
Marine parks
Values to be considered


The values expressed in any national park
management plan
The purposes for the protected area listed under the
Nature Conservation Act 1992

Marine Parks include Great Sandy Marine Park,
Moreton Bay Marine Park and Great Barrier Reef
Coast Marine Park (85% of Queensland’s coastline)

Values expressed in the Marine Park declaration and
the Marine Park Zoning Plan
Fisheries Act 1994
(Sections 3, 3A and 120)

Values identified in the fish habitat area declaration
and protected marine plants.
Nature Conservation Act 1992
(Sections 4, 5, 72 and 76-80)

Values include a single protected plant or a single
koala food tree, essential habitat of a protected
species and an animal breeding place
Vegetation Management Act 1999
(Section 11)
6
Category
Description
Applicable legislation
Values to be considered
Regulated
vegetation1
Includes :
 regional ecosystems classified as
‘endangered’, ‘of concern’, ’connectivity
corridors’, ‘critically limited’, ‘threshold’ and
‘wetland‘
 ‘high value regrowth’ areas containing
‘endangered’ or ‘of concern’ regional
ecosystems
 regional ecosystems classified as
‘watercourse’
Vegetation Management Act 1999
(Sections 3, 11, 21(4)(b), 22DB
and 22LA-22LC)

Values include native vegetation that is regulated
under the Vegetation Management Act 1999 (i.e.
remnant vegetation)
Wild rivers (high
preservation
areas)
Includes the part of a wild river area described as
the high preservation area in the wild river
declaration for the area.
Wild Rivers Act 2005
(Sections 3, 7 and 43)

Values identified in the Wild Rivers Declaration
High
conservation
value wetlands
Includes :
 wetlands assessed as containing ‘high’ or
‘very high’ values via conservation
assessment, or
 where a conservation assessment has not
been completed, wetlands that intersect
with areas shown in ‘Directory of Important
Wetlands’ and high ecological value
waterways declared under the
Environmental Protection (Water) Policy
2009
Environmental Protection Act 1994

The Environmental Protection Regulation 2008
specifies the wetland environmental values (s81a) to
be addressed in decisions made under the
Environment Protection Act 1994 and SPA

The values expressed in the offset agreement
Legally secured
offset areas
Includes offset areas legally secured under a
registered covenant, easement, conservation
agreement or development approval condition.
Vegetation Management Act 1999
(Section 19)
Schedule 3 of the Sustainable
Planning Regulation 2009 makes
development involving or leading
to high impact earthworks in a
wetland protection area in Great
Barrier Reef Catchments
assessable.
Offsets are secured in accordance
with the legislation under which an
approval was granted and the
legally binding mechanism used.
1
The regulated vegetation category of MSES (in particular ‘high value regrowth’ vegetation) is subject to change pending the implementation of proposed amendments included in the
Vegetation Management Framework Amendment Bill 2013, which has been referred to the parliamentary State Development, Infrastructure and Industry Committee for consideration and public
consultation. The Committee is required to provide its report to Parliament by 14 May 2013.
7
8
Department of State Development, Infrastructure and Planning
PO Box 15009, City East, Queensland 4002
tel 13 QGOV (13 74 68)
[email protected]
www.dsdip.qld.gov.au
9