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Environmental Offending: Regulation and 'the Legislative Balancing Act'

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  • Design
  • Ecology
  • Economics
  • Geography
  • Political Science


Microsoft Word - INS_Eprints Cover Sheet_Apr08.doc QUT Digital Repository: Garner, Gary O. and Baker, Douglas C. (2009) Implications of "state significant projects" in Queensland. In: The Second Infrastructure Theme Postgraduate Conference, 26 March 2009, Queensland University of Technology, Brisbane © Copyright 2009 [please consult the authors] 1 Implications of “State Significant Projects” in Queensland Gary Owen Garner1 Douglas Baker2 Abstract The acknowledgement of state significance in relation to development projects can result in special treatment by regulatory authorities, particularly in terms of environmental compliance, and economic and government support measures. However, defining just what constitutes a “significant project”, or a project of “state significance”, varies considerably between Australian states. In Queensland, there is even less clarity in terms of establishing threshold levels. Despite this lack of definition, the implications of “state significance” can nevertheless be considerable. For example, in Queensland if the Coordinator-General declares a project to be a “significant project” under the State Development and Public Works Organisation Act 1971, the environmental impact assessment process may become more streamlined – potentially circumventing certain provisions under The Integrated Planning Act 1997. If the project is not large enough to be so deemed, an extractive resource under the State Planning Policy 2/07 - Protection of Extractive Resources 2007 may be considered to be of State or regional significance and subsequently designated as a “Key Resource Area”. As a consequence, such a project is afforded some measure of resource protection but remains subject to the normal assessment process under the Integrated Development Assessment System, as well as the usual requirements of the vegetation management codes, and other regulat

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