News

---

02 Feb 2012

New coastal plan moves development further away from the Queensland coastline

Press Release

---

In a new and contentious amendment to coastal management legislation, the Queensland Government has sought to deal with the impacts of coastal erosion and tidal inundation on Queensland's coastal regions.

The Queensland Government seeks to achieve its aims through the introduction of the Queensland Coastal Plan, which takes effect from 3 February 2012. Development, whether new development or redevelopment of existing uses, is potentially subject to assessment against the plan.

"The coastal plan establishes a coastal zone along the length of the Queensland coast and then provides for the declaration of coastal management districts within the zone. The zone is extensive and potentially affects a significant portion of Queensland development," said Mark Baker-Jones, special counsel in DLA Piper's Real Estate and Commercial Property practice.

The commencement of the coastal plan will see widespread development controls and management practices applied to development within the coastal zone. These controls and practices primarily restrict or constrain, and in some cases entirely prohibit, certain types of development.

Failure to understand the extent of climate change adaptation required for developments may lead to a range of unplanned challenges, including reduced resale value, increased planning challenges and development application delays.

"The coastal plan applies to all types of development - commercial, industrial, residential and rural. The application of the plan will not always be obvious and anyone contemplating development should ensure the effects of the plan on the proposed development are fully understood," Mark said.

Commercial and industrial property owners and occupiers will not only need to be aware of the direct affects the plan will have on their own physical business but also on customers and dependent industries. Industries holding or reliant on large infrastructure, particularly those industries commonly located in coastal regions, such as airports or transport hubs, will need to consider the potential effects on such things as further infrastructure intensification and relocation, and planned location of distribution centres and services.

The State government has recognised the need to consider the effects of tidal inundation and erosion on development and by implementing the new coastal plan, has taken an important step towards confronting these effects. As a consequence, developers, commercial, residential and industrial landowners and occupiers must factor in the constraints imposed under the plan when formulating their development strategies. A failure to take the effects of the plan into account early on in planning process could be costly.

Climate change adaptation planning can be complex and developers should consider seeking adaptation advice from climate change adaptation specialists for any properties that fall into the medium and high risk zones identified in the plan.

"This legislation highlights a stronger regulatory shift towards implementing provisions associated with the impacts of climate change. Although this plan only focuses on coastal processes it is possible that future considerations for other climate change events, such as heatwaves, hail and extreme rainfall may also follow. Other State governments will be watching the outcome in Queensland very closely," Mark said.