Environment and Resource Management

State Planning Policy and Regulatory Provisions - frequently asked questions

What is a State Planning Regulatory Provision (SPRP)?

A State Planning Regulatory Provision (PDF, 182K)* (SPRP) is a planning instrument under the Sustainable Planning Act 2009. It provides a planning framework to apply in a range of circumstances with the ability to regulate and prohibit development. An SPRP can be utilised in circumstances relating to the implementation of a regional plan, supply of infrastructure services, or if there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions in a planning scheme area.

What is a State Planning Policy (SPP)?

A State Planning Policy (PDF, 152K)* (SPP) is a planning mechanism that the planning minister can utilise to protect State interests. An SPP applies to land-use planning decisions such as making and amending a planning scheme, plans for declared master planned areas and community infrastructure designations, to make sure state interests are appropriately reflected in planning outcomes.

Why have an SPRP and SPP?

An SPRP is a high-order State planning instrument. Under the Sustainable Planning Act 2009, development assessment decisions must be consistent with requirements of the SPRP. However, an SPRP cannot regulate land-use planning—this is the role of the SPP. The SPP provides guidance on land-use planning such as making or amending planning schemes, planning for master planned areas under the Sustainable Planning Act 2009, and community infrastructure designation processes.

What is the South East Queensland Koala Conservation SPRP?

The South East Queensland Koala Conservation SPRP provides immediate protection for koalas and their habitat in areas within South East Queensland that have been identified as most at risk from development. The koala SPRP requires State and local governments to assess all relevant new development applications against its criteria. This includes, placing restrictions on the removal of koala bushland habitat; ensuring development retains koala habitat to provide food, shelter and safe movement opportunities; and providing offsets for the unavoidable removal of koala habitat trees.

What is the State Planning Policy 2/10: Koala Conservation in South East Queensland (SPP)?

The State Planning Policy 2/10: Koala Conservation in South East Queensland will provide long-term protection for koalas and their habitat by providing direction to State and local governments on how to incorporate koala conservation into land-use planning frameworks such as planning schemes, planning for master planned areas and community infrastructure designation processes. The SPP aims to ensure planning processes identify and protect areas of koala habitat, enhance habitat connectivity and koala safe movement, and contribute to a net increase in koala habitat in South East Queensland.

Are the South East Queensland Koala Conservation State Planning Regulatory Provision and the State Planning Policy 2/10: Koala Conservation in South East Queensland in effect?

Yes. The SPRP and SPP came into effect on 31 May 2010.

Where do the SPRP and SPP apply?

The SPRP applies to the priority areas of the Pine Rivers and Koala Coast (priority koala assessable development areas), as well as areas for which the State previously had a concurrence agency role under the Nature Conservation (Koala) Conservation Plan 2006 and Management Program 2006–2016 (the koala plan) and the Interim South East Queensland Koala State Planning Regulatory Provision, February 2010 (koala assessable development areas). The SPRP now replaces areas regulated under the koala plan and the interim SPRP.

The SPP applies to the seven local government areas of South East Queensland:

These areas are known as the South East Queensland Koala Protection Area.

Is the Nature Conservation (Koala) Conservation Plan 2006 and Management Program 2006–2016 (the koala plan) still in effect?

Yes, but the provisions of the koala plan that relate to planning and development assessment within the areas covered by the SPP and SPRP have been replaced by the new planning instruments. Other elements of the koala plan, such as policies relating to the rehabilitation of injured or sick koalas and translocation, remain in place.

How accurate is the habitat values mapping?

There is a high degree of confidence that the final mapping product identifies the great majority of koala habitat in South East Queensland.

The SPRP and the SPP both allow for the consideration of additional information to inform decisions regarding habitat protection and planning. This approach will provide further localised information and will assist increased understanding of the extent of koala habitat in South East Queensland. 

How will local government reflect koala habitat in planning schemes?

Under the SPP, local government decisions will be based on DERM's koala habitat mapping, their own information and ongoing ground-truthing.

Will there be any reporting on the effectiveness of the SPP?

Local governments covered by the SPP will be required to report to DERM on key performance indicators measuring the effectiveness of their planning and conservation measures in conserving their koala populations. This data will be compiled annually and reported publicly via DERM's website.

Will the planning instruments impact on housing supply in South East Queensland?

There is expected to be little impact on housing supply or cost resulting from the instruments.

Areas required for housing delivery, such as those identified for greenfield land supply in the Queensland Housing Affordability Strategy, within the application of the SPRP have been recognised in the SPRP as identified koala broadhectare areas. Once land-use planning in these areas is completed, including considerations for koala habitat protection, the SPRP requires that koalas continue to be protected through development stages. This approach ensures that areas essential for managed growth and housing affordability appropriately incorporate koala protection measures specified by the SPRP without impacting on already approved land-use planning decisions.

Does the SPRP apply within an assessable development area, proposing to build a single residence?

No. Development for a domestic activity is exempt from the SPRP.

What is a domestic activity?

A domestic activity is the construction or use of a single residence on a lot and any reasonably associated building or structure, including, for example:

Does the SPRP apply within an assessable development area where development approval is already received?

No. Development that does not require any further development approval is exempt from the SPRP. However, further development applications relating to this approved development may be assessed against the SPRP but will not undo the previous approval.

Does the SPRP apply within an assessable development area where development is exempt?

No. Development that does not require any development approval is exempt from the SPRP.

Does the draft SPRP apply if I am within an assessable development area and extending an existing building?

The SPRP may apply if the extension is an assessable development that is not for a domestic activity, and it meets the assessment thresholds of the SPRP.

Does the SPRP apply within an assessable development area where preliminary approval has been received for a proposed development?

Yes. The proposed development will need to be assessed against the SPRP unless the proposed development is exempt development, self-assessable development or below the trigger thresholds of the SPRP.

The SPRP ensures that this assessment does not revise previously approved decisions, such as lot configuration or yield. It does allow for issues such as:

Do the koala planning instruments allow for the relocation of koalas for development?

No. The instruments are aimed at ensuring planning and development activities incorporate considerations for koala conservation.

Who is responsible for compliance enforcement for the SPRP?

Under the Sustainable Planning Act framework, there are four types of potential compliance enforcement actions that may be relevant to development under the SPRP. These are penalty infringement notices, enforcement notices, penalties and orders in the Magistrates Court, and Enforcement Orders in the Planning and Environment Court.

Penalty infringement notices can be given by officers authorised under the State Penalties Enforcement Regulation 2000. Authorised officers under this regulation for the purposes of an offence against a provision of the Sustainable Planning Act, include officers of local government.

Enforcement notices can be given by assessing authorities, as defined in the Sustainable Planning Act. For development to which an SPRP applies, the assessing authority is the Chief Executive of the Department of Local Government and Planning.

There is open standing for enforcement action in the Magistrate's Court or Planning and Environment Court, meaning any person or entity can take the action.

Who is the assessment manager for the SPRP?

In most circumstances, local government will be the assessment manager for the SPRP. In some cases, the State of Queensland will be the assessment manager. For more information in relation to the assessment manager's responsibilities, please contact your local government.

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Last updated 8 September 2011

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