At a recent MPB Community Association meeting attendees were asked to submit questions on tree clearing and land development in the region. The MPB Community Association collated the questions received and asked that I have them formally answered by Council Development Staff.
This is a very complex issue and requires in-depth and lengthy explanations thus the very long post.
Below are the Q&A’s that were submitted:
QUESTIONS:
1. How can the public find out who owns what, and what zoning is there in MPB?
a. Property owner – members of the public may complete a form ‘Application for Inspection of Land Record’ to obtain property owners details. An application fee of $23.00 is required to be paid under the current 2020 / 2021 fees and charges. The Owners name and address will be provided by letter to the applicant.
b. Zoning – Council’s web page provides a link to the BRC interactive mapping portal https://www.bundaberg.qld.gov.au/interactive-mapping-system. Through this portal the community can look at zoning, overlays (biodiversity, flooding, bushfire etc), imagery including 2013 flooding, location of infrastructure, development footprint plans etc. Property and flood reports are also available through this site.
2. Where can’t be cleared in MPB?
a. The Department of Resources provides information with regard to the type of vegetation located on a site https://www.qld.gov.au/environment/land/management/vegetation/maps/map-request .
b. The zoning, location, and size of the site as well as the type of vegetation, and if there are any current existing approvals over the site must be taken into consideration when assessing whether vegetation clearing is exempt, accepted or whether an application for vegetation clearing is required to be lodged for assessment.
c. The Department of Resources also provides information regarding clearing codes and what constitutes exempt and assessable clearing https://www.qld.gov.au/environment/land/management/vegetation/clearing-codes
d. Schedule SC1.2 Administrative Definitions within The Bundaberg Regional Council Planning Scheme 2015 provides a detailed definition as to what constitutes exempt vegetation clearing i.e., when vegetation can be cleared without the requirement for an application to be lodged.
e. Considering the requirements for clearing vegetation is confusing and therefore - any questions relating to clearing of vegetation should be directed to The Department of Resources Bundaberg office on 137468 or by visiting their office at 16 – 32 Enterprise Street, Bundaberg between the hours of 9:00am and 4:00pm and to the Development Team within the Bundaberg Regional Council.
3. What is stopping MPB becoming like Bargara? Can Council keep our lovely, vegetated look?
a. Moore Park Beach is identified in the Planning Scheme as a local activity centre that provides for local shopping needs, local employment, a mix of commercial, café/dining activities and community services surrounded by a residential neighbourhood. Information provided from .idcommunity database https://atlas.id.com.au/bundaberg highlights that the population in 2016 at Moore Park Beach was 2,127 and Bargara was 7,058. Whilst Moore Park Beach comprises a small area that is zoned as Medium Density Residential, the balance of the locality is zoned Low Density Residential and Rural Residential. Intensification of development in Moore Park Beach is not envisioned in the Planning Scheme as development is restricted by the lack of infrastructure ‘sewerage’, storm tide surge and flooding.
b. The Planning Scheme forms the basis for ensuring that appropriate development occurs within the Bundaberg Region. The intent of the Planning Scheme addresses (but not limited to) settlement pattern, economic development, natural environment, landscape character and natural resources and hazards. As you would expect, there are many planning challenges in designing a settlement pattern that is responsive to population growth whilst simultaneously protecting the natural environment, maintaining a productive rural landscape, and addressing a range of natural hazard issues. Zoning for residential uses allows for increased population whilst the requirements under the Planning Scheme allow for restricted clearing of vegetation.
4. If I have a building permit, can I clear all my land?
a. Clearing can be undertaken if in accordance with the conditions of approval or
b. Clearing can be undertaken if in accordance with Schedule SC1.2 of the Planning Scheme.
5. If I want to buy and build in MPB, what should I know?
a. You should know the zoning of the site, whether there are any overlays affecting the site and whether the site is serviced or can be serviced by infrastructure.
b. This information can be obtained from the interactive mapping portal https://www.bundaberg.qld.gov.au/interactive-mapping-system by locating the subject site, and then clicking on the blue “I want to” rectangle on the screen and selecting ‘create a 2015 Adopted Planning Scheme Parcel report’.
c. It is also recommended that a building search and rates search be undertaken as part of the due diligence process.
d. Prior to any works being undertaken on a site it is also recommended that an identification survey be undertaken.
6. I have had a block for some time but now I want to clear some vegetation on it. What can I clear and what can I not?
a. Refer to Q.2 above.
7. I want to chop down a large tree on my block. Do I have to tell Council?
a. An assessment by the property owner will be required to be undertaken prior to removing the tree.
b. Refer to Q.2 above.
8. What power does Council have and what does the state have when it comes to land clearing?
a. The State Government provides the mapping which is included within the Bundaberg Regional Council Planning Scheme 2015
b. The State Government may issue fines, commence law proceedings, or require the lodgement of an application for retrospective unauthorised vegetation clearing
c. The Bundaberg Regional Council may commence compliance action (investigate) or require the lodgement of an application for retrospective unauthorised vegetation clearing
9. Which level of government applies which laws at what point on land clearing?
a. The lodgement of an Operational Works application for Vegetation Clearing may be required to be lodged with Council and potentially referred to the State if the clearing is considered to be assessable development.
10. If I want to subdivide my lot, what should I know?
a. You should know the zoning of the site and whether there are any overlays affecting the site
b. This information can be obtained from the interactive mapping portal https://www.bundaberg.qld.gov.au/interactive-mapping-system by locating the subject site, and then clicking on the blue “I want to” rectangle on the screen and selecting ‘create a 2015 Adopted Planning Scheme Parcel report’.
c. Part 5 - Table 5.5 Categories of development and assessment Reconfiguring a Lot within the Bundaberg Regional Council Planning Scheme 2015 https://www.bundaberg.qld.gov.au/brc-planning-scheme-2015 highlights the level of assessment and the applicable codes required for reconfiguration
d. Part 9 – 9.3.4 Reconfiguring a Lot Codes provides the outcomes required for reconfiguration including the minimum lot size and frontage requirements
e. Council’s Duty Planner (phone 1300 883 699, email duty.planner@bundaberg.qld.gov.au ) will be able to answer any questions relating to reconfiguration
11. Does the Council have plans to buy back any lots to ensure MPB remains heavily vegetated?
a. The Planning Scheme, lack of infrastructure and impacts from natural hazards will limit development within Moore Park Beach.
b. Purchasing lots to preserve vegetation is not a core business of Council.
12. Can a neighbour who is worried about the amount of vegetation on a vacant Lot complain to Council?
a. Yes, a complaint may be lodged with Council’s Customer Service team by phoning 1300 883 699 or through the Snap Send Solve app. https://www.bundaberg.qld.gov.au/snap-send-solve
13. What requirements apply to absent land owners in this regard?
a. See Q.12 above.
14. What will happen to the piles of debris behind Sylvan Dr? Will it be burnt, mulched, or removed?
a. Compliance action is currently ongoing at the moment with a view of the landowners obtaining the necessary development approvals
b. Management of the windrows will be subject to conditioning within the approvals.
15. Who can come onto my land without my permission and in what circumstances?
a. Councils have broad ranging powers of access to private property to exercise Council’s functions under the Local Government Act 1993, and including but not limited to the Environmental and Protection Act 1994, Food Act 2006 and the Building Act 1975
b. Generally Council Officers carrying out investigations will enter properties in one of the following circumstances:
i. Entry onto public place where consent of the landowner/occupier is not required
ii. Entry onto private property with the consent of the landowner / occupier
iii. Entry onto private property under the provisions of specific legislative power without the consent of the landowner / occupier (eg: follow up of a Notice issued, swimming pool safety, emergency circumstance, approved inspection program)
iv. Entry onto private property under the provisions of a warrant or court order without the consent of the landowner/occupier
16. Where can I get further questions answered? Who do I contact in Council for specific information.
a. Council Customer Service team will be able to direct your call to the appropriate department depending on your enquiry 1800 883 699.
b. Please provide as much detail as you can when speaking with our Customer Service Team to ensure that your enquiry is directed to the appropriate department.
Exempt vegetation clearing
(ie no approval required) in the BRC planning scheme is defined as follows, noting that approvals may still be required under State legislation:
Vegetation clearing under the following circumstances:
(a) vegetation clearing on Rural zoned land and associated with the use of the land for a rural activity
(b) vegetation clearing by a statutory authority on land other than freehold land
(c) vegetation clearing undertaken by the Council in the exercise of its power under the Local Government Act 2009
(d) vegetation clearing that is reasonably necessary for carrying out work that is:
(i) authorised or required under legislation or a local law or
(ii) specified in a notice served by Council or another statutory authority
(e) vegetation clearing for development where the clearing is:
(i) on land the subject of a current development approval issued by the Council or other statutory authority and
(ii) necessary to give effect to the conditions of the development approval
(f) vegetation clearing within an approved footprint for a building, pool, or associated infrastructure
(g) vegetation clearing within:
(i) 6 metres of an approved footprint for a building, pool or associated infrastructure where in the Rural residential zone or
(ii) 4 metres of approved footprint for a building, pool or associated infrastructure where in another zone
(h) vegetation clearing where on a lot less than 5,000m² in area and outside of the areas specified in paragraph (g) above, where:
(i) the girth of any tree to be cleared is less than 50cm measured one 1m from the ground or
(ii) the height of the tree is less than 4m
(i) vegetation clearing where necessary to remove danger to people or property associated with falling trees or limbs provided that the vegetation is closer to an existing building, pool or other infrastructure than it is high
(j) vegetation clearing necessary for bushfire management purposes, where involving:
(i) the establishment or maintenance of a firebreak around an existing or approved building in a medium or high bushfire hazard area where the distance cleared from the building is not more than 1.5 times the height of the vegetation or 20 metres, whichever is the greater
(ii) the establishment of a fire break or fire management line in a medium or high bushfire hazard area to a maximum width of 10 metres and in accordance with an approved bushfire management plan or
(iii) the maintenance or re-clearing of an existing fire break or fire management line
(k) vegetation clearing essential for the survey of a property boundary by a licensed cadastral surveyor and where undertaken by hand tools
(including motorised hand tools) and
(l) vegetation clearing required for emergency works, where:
(i) a person honestly and reasonably believes that an immediate threat exists to life or property
(ii) no other lawful action is reasonably available to the person to avoid the immediate threat to life or property
(iii) no reasonable opportunity exists for an application to be made to clear the vegetation and
(iv) Council is advised in writing as soon as practicable after the vegetation clearing has occurred.
Also attached is a link to the Queensland Government accepted development vegetation clearing codes which aligns with BRC’s Planning Scheme https://www.qld.gov.au/environment/land/management/vegetation/clearing-codes
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