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ENVIRONMENT PROTECT/ON AND BIODIVERSITY CONSERVATION ACT 1999

Part 10 Strategic Assessments Section 146 Agreement

To assess the impacts of developing the Mount Peter Master Planned Area

between

THE COMMONWEALTH OF AUSTRALIA

and

THE STATE OF QUEENSLAND

and

CAIRNS REGIONAL COUNCIL

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1 PARTIES

The parties to this agreement are:

The Commonwealth of Australia, represented by the Minister for the Environment, Heritage and the Arts

and

The State of Queensland, represented by the Minister for Infrastructure and Planning

and

The Cairns Regional Council , represented by the Mayor of Cairns Regional Council.

2 DEFINITIONS

2.1 Unless stated otherwise in this agreement, .the definitions, meanings and terms in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) apply to this agreement and its attachments.

2.2 In this agreement:

CairnsPlan means the local government planning scheme for the Cairns Regional Council.

CRC means Cairns Regional Council.

Department means the Australian Government department administering the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth).

DIP means the Queensland Government Department of Infrastructure and Planning.

Draft report means the draft impact assessment repor! written in accordance with section 6 of this agreement and the agreed Terms of Reference.

EPBC Act means the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth).

FNQ Regional Plan 2031 means the Far North Queensland Regional Plan 2009-2031.

Minister means the Minister responsible for administering the Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) or delegate.

MPMPA means the Mount Peter Master Planned Area.

NES means national environmental significance . ..-Plan means the plan provided to the Minister for endorsement, which covers the development of the Mount Peter Master Planned Area as described in the Mount Peter Master Planned Area Structure Plan, Far North Queensland Regional Plan 2009-2031 and other relevant Queensland statutory and non statutory documents.

Report means one or more reports submitted by the State and Cairns Regional Council which take into account the public comments received on the draft report

State means the State of Queensland.

WHA means World Heritage Area.

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2.3 In this agreement references to the singular include the plural.

3 PREAMBLE

3.1 The parties agree that the areas within and surrounding the Mount Peter Master Planned Area (MPMPA) have significant environmental and heritage values and that significant environmental , social and economic values may be derived from implementing the plan.

3.2 Recognising those significant en'vironmental and heritage values, the parties commit to :

a) undertake a strategic assessment of the impacts of actions under the plan on the matters of national environmental significance (NES) protected by Part 3 of the EPBC Act.

b) share information and work collaboratively to undertake the activities within this agreement.

4 BACKGROUND

4.1 Section 146(1) of the EPBC Act allows the Minister to agree in writing with a person responsible for the adoption or implementation of a policy, plan or program that an assessment be made of the impacts of actions under the policy, plan or program on matters of NES. For the purpose of section 146(1) of the EPBC Act this agreement relates to the plan as defined in clause 4.2.

4.2 The plan will detail the framework of planning regulations and policies that relate to and include the Structure Plan associated with the Mount Peter Master Planned Area declared under the Integrated Planning Act 1997 (QLD). The Structure Plan will form part of the Cairns Regional Council planning scheme (CairnsPlan) and identifies broad environmental , land use, infrastructure and development intended to guide detailed planning for the area. The Mount Peter Master Planned Area (Attachment A) has been identified in a number of strategic planning documents, including the statutory FNQ Regional Plan 2031 , as the main urban growth corridor for the Far North Queensland region and plans to accommodate up to 50,000 people with development occurring over the next 20-30 years.

4.3 Assessment of the impacts of the plan will be undertaken through a report prepared in accordance with section 146 of the EPBC Act. This will include preparation of Terms of Reference for a report on the impacts of the plan, preparation of the report and consideration by the Minister of that report.

4.4 After considering the report, the Minister may decide to endorse the plan in accordance with section 146(2)(f) of the EPBC Act if satisfied that the report adequately addresses the impacts to which this agreement relates and that recommended modifications, or modifications having the same effect, have been made.

4.5 The parties acknowledge that the endorsement of the plan itself does not constitute any approval under the EPBC Act for the taking of actions for which approval is requ ired under the EPBC Act.

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4.6 If the Minister decides to endorse the plan under section 146(2)(f) of the EPBC Act, the Minister may then, under section 146B of the EPBC Act, decide to approve the taking of an action, or a class of actions, in accordance with the endorsed plan. The effect of this decision is that actions or classes of actions (if any) approved under section 146B would not need further approval from the Minister under the EPBC Act if taken in accordance with the endorsed plan.

4.7 The parties acknowledge that, where proponents propose to take an action in accordance with the plan that is not the subject of an approval under section 146B, they are still capable of seeking approval for that action via the ordinary channels for assessment and approval established under Parts 7, 8 and 9 of the EPBC Act.

5 TERMS OF REFERENCE FOR THE REPORT

5.1 The parties agree on the Terms of Reference (ToR) for the report (Attachment B). The ToR are prepared in accordance with clause 1 B(a) of section 146 of the EPBC Act.

6 PREPARATION OF THE REPORT

6.1 The State and CRC will cause a draft report to be prepared in accordance with this agreement and the ToR.

6.2 The State and CRC agrees to provide the draft report to the Department for comment prior to being released for public comments.

6.3 The State and CRC shall provide the draft report for public comment by notice: (a) posted on the DIP and CRC websites (b) posted on the MPMPA website (c) posted on the MPMPA Sharepoint website; and (d) published in newspapers circulating in Queensland.

The notice must advise that the draft report is available and how copies may be obtained, provide contact details for obtaining further information, invite public comments on the draft report and state the period set by the Minister of at least 28 days within which comments must be received.

6.4 The State and CRC will finalise the report taking into account the comments (if any) received after publication of the draft report (clause 6.3). The report can be either a revised draft report or the draft report and a supplementary report taking account of the comments received.

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7 CONSIDERATION OF THE PLAN AND REPORT

7.1 The State and CRC will submit to the Minister for consideration : (a) the plan (b) the report, comprised of:

(i) the revised draft report; or (ii) the draft report and a Supplementary Report (clause 6.4)

(c) public responses on the draft report; and (d) a report demonstrating how the public responses have been taken into

account in the report .

7.2 The Minister may make recommendations to the State and CRC regarding modifications to the plan. (a) The State and CRC may seek clarification from the Minister on these

recommendations. (b) The State and CRC will then submit to the Minister for consideration the

revised plan and a summary of how the Minister's recommendations were given effect through modifications to the plan.

7.3 The Minister may request any additional information considered necessary to be satisfied that the impacts of the plan have been adequately addressed.

8 ENDORSEMENT OF THE PLAN

8.1 The Minister may endorse the plan if satisfied that: (a) the report adequately addresses the impacts to which this agreement

relates; and (b) any recommended modifications to the plan , or modifications having the

same effect, have been made. 8.2 The Minister will also consider the endorsement criteria at Attachment C.

9 APPROVAL OF ACTIONS

9.1 The Minister may approve, or approve with conditions, the taking of an action or class of actions in accordance with the endorsed plan and section 146B of the EPBC Act. In doing so , the Minister must act in accordance with sections 146F-M of the EPBC Act. This includes considering matters relevant to the matters of NES in the Mount Peter Master Planned Area and economic and social matters.

9.2 The Minister will seek comment from all other Ministers with administrative responsibilities relating to the actions or classes of actions before approving the taking of an action , or class of actions, in accordance with section 146C of the EPBC Act.

10 VARIATION

10.1 The parties may vary this agreement by an exchange of letters or electronic communications to the extent only that such variation is consistent with the provisions of the EPBC Act.

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11 DISPUTE RESOLUTION

11.1 Where there is a dispute between the parties to this agreement on a particular matter, the parties will consult in a spirit of mutual cooperation in relation to that matter and will use their best endeavours to negotiate a mutually acceptable resolution.

12 TERMINATION

12.1 This agreement may be terminated by written agreement (including by way of electronic comrnunication) between the parties.

SIGNED BY:

on..2Ji5 2 12010

The Hon. Peter Garrett Minister for the Environment, Heritage and the Arts

on ZS 1----'-_/2010

The Hon. Stirling Hinchliffe Queensland Minister for Infrastructure and Planning

on '2& 1 0 \ 12010 /

Cr Val Schier Mayor, Cairns Regional Council

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Attachment A: Mount Peter Master Planned Area

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Attachment B

Terms of Reference for Strategic Impact Assessment Report of the plan

1 PURPOSE AND DESCRIPTION OF THE PLAN BEING ASSESSED

1.1 The report, referred to in clause 6 of the agreement, must describe the plan , including: a) how the plan has been developed and its legal standing b) the regional context (natural and human) c) the land use planning (zoning) arrangements and outcomes d) the basis of land and asset tenure for all land within the scope of the project e) the legal and administrative frameworks that have supported development of

the plan and will ensure its implementation. This should include legal standing and relationship to other relevant policies, plans, guidelines, commitments and legislationlregulation.

f) the consultation activities that have been undertaken to-date g) the actions that will take place under the plan over the short, medium and long

term . This may include relevant construction and operational aspects associated with urban development; and

h) the Council and State management, planning and approval arrangements and the entity responsible for their implementation .

2 THE ENVIRONMENT AND MATTERS OF NES WITHIN THE MPMPA

2.1. Environment affected by the plan

2.1.1 The report must also describe the general environment likely to be affected by the plan. This includes the environments within, adjacent to and downstream of the MPMPA that are likely to be directly or indirectly impacted. The environmental assets and characteristics, together with biophysical, ecological and hydrological processes, including considerations of surface and ground water and recharge and discharge, must be identified and discussed.

2.1.2 The report must discuss all matters of NES under the EPBC Act that may be affected by the plan and should consider areas of high biodiversity value.

2.2. Identifying areas of high environmental value

2.2.1 The report must identify areas considered to provide a long' term and viable contribution to the persistence of matters of NES and the conservation of biodiversity and ecological processes, including maintaining the World Heritage values of the Wet Tropics WHA. These include, but are not limited to:

a) riparian corridors b) the unnamed hill between Mount Peter Road and the Bruce Highway c) buffers between development and Wet Tropics WHA borders d) habitat for EPBC Act listed species; and e) areas containing native vegetation.

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3. HOW THE PLAN WILL PROMOTE ECOLOGICALLY SUSTAINABLE DEVELOPMENT

3.1 The report must provide the background for selecting the MPMPA for urban development in the region . The report will also describe the social and economic factors and considerations associated with development under the plan.

3.2 The report must identify the mechanisms for achieving ecologically sustainable development including actions to maintain or enhance biodiversity, having regard for species diversity and abundance and the World Heritage values of the Wet Tropics WHA. These could include strategies related to or influencing the plan so that ecologically sustainable outcomes such as those proposed through the FNQ Regional Plan 203:1 and CairnsPlan are achieved.

4. IMPACTS ON MATTERS OF NATIONAL ENVIRONMENTAL SIGNIFICANCE

4.1 Nature and extent of impacts

The report must include an analysis of the potential short, medium and long term, direct and indirect impacts of the plan on matters of NES. The report must describe the protection and conservation measures within the plan. The impact analysis should make specific reference to the areas described in section 2.2 where they affect the management of impacts on matters of NES. The analysis must also discuss the likely influence of projected climate change scenarios on these impacts.

4.2 Management, mitigation and offsetting of likely impClcts

The report must describe the measures and undertakings that the plan will implement to avoid , minimise, offset and manage the potential impacts as discussed under 4.1. The report must set out the statutory and other arrangements in place to implement the plan including responsibilities for monitoring, evaluation and compliance.

5 ADAPTIVE MANAGEMENT: ADDRESSING UNCERTAINTY AND MANAGING RISK

5.1 The report must identify the uncertainties associated with implementing the plan and the responses for addressing these uncertainties and adapting to changed circumstances.

5.2 The report must also set out the circumstances in which the planning mechanisms and frameworks that will implement the plan will be reviewed and modified (for example new information or changing standards) and the procedures which would be undertaken to review, modify or abandon these mechanisms.

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6 AUDITING AND REPORTING

6.1 The report must set out:

a) monitoring, public reporting and auditing to be undertaken

b) record keeping and review processes under the plan, and

c) the person(s)/authorities responsible for these actions.

7 INFORMATION SOURCES

7.1 The report must identify the source of information and data relied upon to make judgments, including but not limited to the impacts and appropriateness of mitigation measures.

7.2 The information and analysis contained within this report must be informed by all relevant current Commonwealth policies.

7.3 All information to be presented in a clear and unbiased manner.

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Attachment C Strategic Assessment Endorsement Criteria

Under section 146 of the Environment Protection and Biodiversity Conservation Act 1999, in order to endorse the plan the Minister must be satisfied that the assessment report adequately addresses the impacts to which the agreement relates and that any modifications to the plan recommended by the Minister, or modifications having the same effect, have been made.

In determining whether to endorse the plan the Minister will have regard to the extent to which the plan is consistent with the objectives of the Act. In particular that it:

• protects the environment, especially matters of national environmental significance;

• promotes ecologically sustainable development; • promotes the conservation of biodiversity; and • provides for the protection and conservation of heritage.

Without limiting the matters the Minister may consider when making the decision to endorse the plan, the Minister will consider the manner in which the plan:

• provides for the avoidance of impacts on matters of national environmental significance or areas of high biodiversity or heritage value;

• mitigates impacts on matters of national environmental significance; • offsets impacts on matters of national environmental significance; • contributes to the enhancement of the existing environmental and management of

existing threats, and • provides a comprehensive framework of adaptive management, monitoring,

auditing and public reporting .

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