Environment and Resource Management

Development on land under tidal water

Important note

The tenure of land under tidal waters is generally unallocated State land, which is a State resource for the purposes of the Sustainable Planning Act 2009.

Evidence of ‘resource entitlement’ is required to support a properly made tidal works or prescribed tidal works application that involves a State resource, such as unallocated State land below high water mark. If no evidence of ’resource entitlement’ is provided by the applicant, the application cannot be accepted by the assessment manager.

The department has a policy relating to the provision of evidence of ‘resource entitlement’ for tidal works and prescribed tidal work.

Evidence of ‘resource entitlement’ is not required for applications in canals. The operational policy Provision of resource entitlement for tidal works including prescribed tidal work outlines criteria that need to be met for the work to be consistent with relevant State laws and policies. Works that are consistent are considered an appropriate use of State land, and evidence of ‘resource entitlement’ will be granted.

Under the operational policy, guidance is given for the construction of private marine infrastructure. The development of non-marine infrastructure—that is, a deck, boardwalk or similar structure—for private purposes on State tidal land is not supported (in the absence of existing tenure, such as a lease).

General information

Land within tidal water (tidal land) includes land lying below the level of mean high water at spring tide (MHWS) (also referred to as the high-water mark or HWM) within the sea or the waters of any harbour, including any navigable river up to the upstream limit of influence of the spring tide on the river.

Information on the MHWS or HWM is available on the Maritime Safety Queensland website.

Tidal land generally contains important coastal resource values and is affected by physical coastal processes. Therefore, any works in these areas (as well as the extent and nature of any potential adverse impacts on coastal processes, resources and their values) need to be examined carefully prior to any approval being granted under the Coastal Protection and Management Act 1995. Works on tidal land (‘tidal works’) may require a number of approvals from different authorities under various legislation. Refer to the guideline Assessable development under the Coastal Act.

Tidal works involve works constructed in, on, or above land under tidal water or are designed to be exposed to tidal water because of shoreline erosion. Tidal works range from structures, such as pontoons and jetties, to the construction of navigation channels and marina basins.

Applications for tidal works not completely or partly within a local government tidal area and not completely or partly within the tidal area of strategic port land are assessed by the department and are referred to as ‘tidal works’.

To find out more about tidal works and to obtain application forms, refer to Tidal works - Assessed by DERM or the port authority.

Certain types of tidal works within a local government tidal area are called ‘prescribed tidal works’ and are assessed by local government. To find out more about prescribed tidal work, refer to Prescribed tidal work - Assessed by local government.

Evidence of 'resource entitlement'

The table below outlines the correct government agency to contact for evidence of ‘resource entitlement’.

State resource

Agency

Evidence to proceed

The prescribed tidal work is for:

  • a private non-commercial structure providing access to the adjoining privately owned land (including residential body corporate), e.g. a jetty, pontoon, boat ramp or like structure, and no tenure is required
  • a private mooring pile

but excludes a work located partly or wholly within a declared Fish Habitat Area under the Fisheries Act 1994.

Department of Environment and Resource Management (DERM)

Evidence that the development application may proceed in the absence of an allocation of, or entitlement to, the resource.

The prescribed tidal work is located partly or wholly within a declared Fish Habitat Area under the Fisheries Act 1994.

Fisheries Queensland within the Department of Employment, Economic Development and Innovation (DEEDI)

Evidence the development is consistent with an allocation of, or entitlement to, the resource.

 

Note: A ‘resource allocation authority’ issued under the Fisheries Act 1994 is required, and will be taken to be evidence of ’resource entitlement’.

 

The prescribed tidal work is:

  • to be used for public or commercial purposes
  • to be used for private non-commercial purposes adjoining or attached to public land (e.g. unallocated State land, road or esplanade, permit to occupy or reserve under the Land Act 1994) landward of high-water mark
  • a private non-commercial structure not providing access to the adjoining privately owned land (e.g. sea walls and pipelines)
  • infrastructure associated with land-based aquaculture, such as water intake and discharge structures
  • for any other purpose not listed

but excludes a work located partly or wholly within a declared Fish Habitat Area under the Fisheries Act 1994.

DERM

Evidence that the development is consistent with an allocation of, or entitlement to, the resource

 

or

 

Evidence that the development application may proceed in the absence of an allocation of, or entitlement to, the resource.

 

Note: Tenure under the Land Act 1994 may also be required, and evidence of ‘resource entitlement’ will not be provided until any tenure issues have been determined.

 

For more information on ‘resource entitlement’, refer to the information sheet Evidence of ‘resource entitlement’ for tidal works and prescribed tidal work (PDF, 86K)* and the guideline Evidence of ‘resource entitlement’ and owner's consent for development assessed under the Coastal Act.

Applicants should submit two copies of their entire application, including the IDAS Form 1, Form 28 (for prescribed tidal work) or Form 23 (for tidal works), the IDAS Assessment checklist, a Maritime Safety Queensland endorsed water allocation area plan, application forms and any applicable fee to the State agency listed in the table above to obtain evidence of ‘resource entitlement’. Refer to the relevant agency website Fisheries Queensland and/or DERM for application forms and information regarding fees.

You can also read the relevant legislation online by visiting the Office of Queensland Parliamentary Counsel website.

Further information

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Last updated 2 February 2012

Development on land under tidal water

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