Sustainable Ports Development Act 2015

This Act may be cited as the Sustainable Ports Development Act 2015.

The purpose of this Act is to provide for the protection of the Great Barrier Reef World Heritage Area through managing port-related development in and adjacent to the area.

The purpose is achieved by—

prohibiting particular future development in the Great Barrier Reef World Heritage Area; and

providing for the development of master plans that establish a long-term vision for the future development of priority ports consistent with the principles of ecologically sustainable development; and

implementing master plans through port overlays that regulate development in and surrounding priority ports.

Also, the purpose is to be achieved in a way that includes the following—

long-term planning for priority ports to provide a strategic and coordinated approach to managing economic, environmental, cultural and social values in the Great Barrier Reef World Heritage Area;

concentrating port development in priority ports;

recognising the diverse functions of the port network, including trade, tourism and defence operations;

efficiently using port and supply chain infrastructure;

expanding port and supply chain capacity in a staged and incremental way to meet emerging demand for imports and exports;

identifying and protecting land and infrastructure critical to the effective operation of the port network.

The dictionary in schedule 1 defines particular words used in this Act.

This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

Each of the following ports is a priority port—

Port of Abbot Point;

Port of Gladstone;

the ports of Hay Point and Mackay;

Port of Townsville.

The master planned area for a priority port is the area—

identified in a master plan for the port as the master planned area for the port; and

approved by regulation.

To remove any doubt, it is declared that the master planned area for a priority port may include—

land that is outside the port’s strategic port land; and

an area of land that is—

outside the port’s port limits under the Transport Infrastructure Act; and

covered, from time to time, by tidal water.

However, the master planned area for a priority port can not include an area within a marine park, even if the area is within the port’s port limits under the Transport Infrastructure Act.

In this section—

marine park means—

the Commonwealth marine park; or

the State marine park.

The Minister must make an instrument under this division (a master plan) for each priority port.

The master plan for a priority port must—

identify the master planned area for the port; and

apply to all of the master planned area.

The Minister must be satisfied the master plan for the priority port adequately considers the principles of ecologically sustainable development.

A master plan for a priority port must—

state the strategic vision, objectives and desired outcomes for the master planned area; and

identify the State interests affected, or likely to be affected, by—

existing uses at the port; and

future development at, or for, the port; and

include an environmental management framework that—

identifies and maps environmental values in the master planned area and surrounding areas; and

identifies any impacts development in the master planned area may have on the environmental values; and

states objectives, and measures (the priority management measures), for managing the impacts identified under subparagraph (ii); and

include any other matter prescribed by regulation.

In this section—

State interest means an interest the Minister considers to be—

an economic, community or environmental interest of the State or a part of the State; or

the interest of ensuring this Act’s purpose is achieved, having regard to the matters mentioned in section 2.

If the Minister proposes to make or amend a master plan for a priority port, the Minister must give notice of the proposal to the following entities—

the port authority for the priority port;

each local government whose local government area includes the priority port.

The notice must state the following—

that the Minister proposes to make or amend a master plan for the priority port;

the name of the priority port to which the proposed master plan or amendment relates;

that the entity may make a written submission to the Minister about the proposal within a stated period of at least 20 business days.

After giving notice of a proposed master plan or proposed amendment under section 9, the Minister must prepare a draft of the proposed master plan, or proposed amendment, (the draft instrument).

After preparing the draft instrument, the Minister must publish a public notice stating—

where copies of the instrument may be inspected and purchased; and

a phone number or email address to contact for information about the instrument; and

that an entity may make a written submission to the Minister about any aspect of the instrument, including the proposed master planned area; and

the requirements for properly making a submission; and

the period (the consultation period) within which a submission may be made, which must be at least—

if the Minister proposes to make a master plan—30 business days after the public notice is published in the gazette; or

if the Minister proposes to amend a master plan—20 business days after the public notice is published in the gazette.

The Minister must give a copy of the notice and the draft instrument to the following entities—

the port authority for the priority port to which the draft instrument relates;

each local government whose local government area is within, or includes, the master planned area or proposed master planned area;

if a State development area is within, or includes, the master planned area or proposed master planned area—the Coordinator-General;

if a priority development area is within, or includes, the master planned area or proposed master planned area—MEDQ.

For all of the consultation period, the Minister must keep a copy of the draft instrument available for inspection and purchase by members of the public at the department’s head office.

In this section—

proposed master planned area means—

if the draft instrument is a proposed master plan—the area identified in the instrument as the proposed master planned area; or

if the draft instrument is a proposed amendment of a master plan—the area that will be identified in the master plan as the master planned area if the amendment is made.

After the Minister considers all submissions made in accordance with the public notice, the Minister must decide—

to make the proposed master plan or amendment; or

to make the proposed master plan or amendment with the changes the Minister considers appropriate; or

not to make the proposed master plan or amendment.

If the Minister decides to make the proposed master plan or amendment (with or without changes), the Minister must—

publish the decision in a public notice stating—

the day the master plan or amendment was made; and

where a copy of the master plan or amendment is available for inspection and purchase; and

give each entity mentioned in section 10(3) a copy of the public notice and the master plan or amendment.

The master plan or amendment has effect on—

the day after the public notice mentioned in subsection (2) is published in the gazette; or

a later day stated in the master plan or amendment.

Within 14 sitting days after the master plan or amendment is made, the Minister must table in the Legislative Assembly a copy of the master plan or amendment.

If the Minister decides not to make the proposed master plan or amendment, the Minister must—

publish the decision in a public notice; and

give each entity mentioned in section 10(3) a copy of the public notice.

The Minister may make an administrative amendment of a master plan without complying with sections 9 to 11.

Instead, the Minister may make an administrative amendment of a master plan by publishing a public notice that states—

the day the amendment was made; and

where a copy of the amended master plan may be inspected and purchased.

The Minister must give each entity mentioned in section 10(3) a copy of the public notice and the amended master plan.