Endangered Ecological Communities in the Daintree
Gondwana Rainforest Trust's "Save the Daintree" conservation program prioritises the acquisition of freehold land in the Daintree lowlands that was excluded from the Wet Tropics World Heritage Area (WTWHA) extending from Cape Tribulation in the north, through Diwan and Cow Bay and south to the Forest Creek and Kimberley localities north of the Daintree River.
The Lowland tropical rainforest of the Wet Tropics and the Broad leaf tea-tree (Melaleuca viridiflora) woodlands in high rainfall coastal north QLD are both listed in the Endangered category of the threatened ecological communities list and the Littoral Rainforest and Coastal Vine Thickets of Eastern Australia listed is listed in the Critically Endangered category under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth)(EPBC Act). The Commonwealth Threatened Species Scientific Committee (TSSC) considers the lowland tropical rainforest that is the focus of Gondwana Rainforest Trust's “Save the Daintree” conservation program to have a "high or greater chance of extinction in the medium-term future, or earlier". The TSSC has declared that "there should be no further clearance and damage to this ecological community". The “Save the Daintree” program focuses on the acquisition and protection of this 'at-risk' freehold high conservation value land in the Daintree lowlands.
Local Government Zoning
Local governments create planning controls called Zones to determine the appropriate use and development of land. Every parcel of land is placed in a 'Zone' on local council planning scheme maps.
'Zoned for development' means that a piece of land is in a 'Zone' that has been designated by local government regulations to allow for development like houses, businesses, or other structures to be built on that property, according to the specific zoning rules in that area; essentially, it applies to land within various planning Zones that anticipates and allows development and it indicates the land is permitted to be developed upon. When land is described as being 'zoned for development', it means it is within a Zone that allows for some form of development. It doesn’t mean development can occur without the necessary approval or consent, but it signals that development is contemplated and permissible under planning law. Under the Building Regulation 2021 and the local council planning scheme, some types of building work don't require approvals, including accepted development (previously called self-assessable development and exempt building work).
Most high conservation value freehold land within Gondwana Rainforest Trust's “Save the Daintree” program area is able to be developed, provided the proposed development meets the requirements of the relevant planning code and has approval from Douglas Shire Council. Gondwana Rainforest Trust assesses the potential for a property to be developed and its conservation value to determine its overall 'at-risk' status prior to entering into negotiations to acquire it. Conservation values such as biodiversity status, connectivity, past clearing, the presence of existing clearings and weeds, corridor function and proximity to other settled lots are all considered in our assessment.
Our ecologist and botanist conducts an extensive survey of each block we purchase to identify its conservation values. Their comprehensive report on the condition of the vegetation on a potential purchase informs our decision to commit to its purchase, protection and restoration. In addition to removing the risk of development, we address any boundary incursions and where there is evidence of disturbance and weeds, we develop a habitat restoration plan (HRP) to remove weeds and revegetate any existing clearings.
Gondwana Rainforest Trust does not consider properties as being able to be developed if they have had their development rights formally extinguished and compensation was paid for loss of these development rights under Douglas Shire's 2006 Planning Scheme.
Under the Planning Act 2016 (Qld) there are three categories of development that all development in Queensland fits into:
- Prohibited - this development is not allowed.
- Accepted - this development can occur without an approval being required.
- Assessable - this development needs development approval before it can be developed.
Prohibited Development
This type of development is not allowed under any circumstances. Only the state government can say what is prohibited development. These types of development are set out in the Planning Regulation 2017 (Qld). For example, a proposal to build a childcare centre on contaminated land would be prohibited.
Accepted Development
Accepted development does not require a development application or an approval. However, in some instances the proposal must meet certain requirements set out by local government or by another state government agency.
Accepted development is generally low risk and compatible with the planning intentions for an area — which is why a development approval is not required. For example, a home-based business that has limited impact on the neighbourhood would be accepted.
Every local government sets its own requirements for accepted development. Some types of development are classified as "accepted development" on all properties in the Daintree that have not had their development rights formally extinguished, including properties situated within Douglas Shire Council's "Conservation Zone".
Assessable Development
Assessable development is development that requires an approval before it can occur. This involves an applicant submitting a development application for assessment and decision by an assessment manager. There are two categories of assessment for assessable development: Code and Impact.
Code assessment helps deliver expected development without undue delay. Public consultation is not required.
'Code Assessable' applications are assessed against the relevant assessment benchmarks set out in Douglas Shire Council's planning scheme. Where the development application meets the criteria, it will likely be approved. If it does not meet some criteria, that part of the development application can be refused or approved with conditions.
Other applications are more complex and are classified as 'Impact Assessable'. This means Council needs to examine them in more detail with input from the community before making a decision to approve or refuse the application.
For impact assessable projects, Council also takes into account submissions from the community.
Save the Daintree Program
Typically, land that is able to be developed in Gondwana Rainforest Trust's “Save the Daintree” program area is either located in Douglas Shire Council's designated 'Conservation' zone or 'Environmental Management' zone. Most development in these zones is either Accepted Development or Assessable Development. The type of development allowable on properties acquired by Gondwana Rainforest Trust as part of the “Save the Daintree” program is typically Code Assessable Development. This includes development for houses.
For more information about Code Assessable Development in the Daintree, please visit the Douglas Shire Council website.