Sustainable Ports Development Bill 2015
Plain English Summary
Overview
This bill protects the Great Barrier Reef by tightly controlling port development along the Queensland coast. It confines new port facilities and capital dredging to four priority ports (Abbot Point, Gladstone, Hay Point/Mackay and Townsville) and bans sea dumping of port dredge spoil in the World Heritage Area. Each priority port must have a long-term master plan and a port overlay that sets consistent rules across local planning schemes.
Who it affects
Coastal communities and the reef environment gain stronger protection, while port authorities, exporters and landowners near the four priority ports face new planning rules. Local councils must align planning schemes with port overlays, and landowners whose land value drops can claim State compensation.
Key changes
- New port facilities are banned in the Great Barrier Reef World Heritage Area outside existing port limits
- Capital dredging is restricted to the four priority ports of Abbot Point, Gladstone, Hay Point/Mackay and Townsville
- Sea dumping of capital dredge spoil in the World Heritage Area is prohibited - material must be reused or placed on non-tidal land
- Each priority port must have a master plan and port overlay that overrides local planning schemes
- Landowners can claim compensation within three years if a port overlay reduces their land value, with appeals to the Planning and Environment Court
- Giving false or misleading information to the Minister carries a maximum penalty of 1,665 penalty units
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee3 June 2015View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
The Infrastructure, Planning and Natural Resources Committee recommended the Sustainable Ports Development Bill 2015 be passed with amendments. The committee made 13 recommendations, the majority unanimous, focused on improving transparency and consultation in port master planning, clarifying restrictions on capital dredging and sea-based disposal of dredge material, and considering the future management of the Port of Cairns. The government supported or partially supported most recommendations and moved amendments during consideration in detail.
Key findings (4)
- The bill implemented Queensland's commitments under the Reef 2050 Long-Term Sustainability Plan, restricting new port development and capital dredging in and adjoining the Great Barrier Reef World Heritage Area
- Multiple submitters advocated for the Port of Cairns to be designated a priority port to allow capital dredging for economic development, which the committee unanimously recommended the Minister consider
- The committee identified a need for greater transparency in the master planning process, recommending that master plans be tabled in Parliament and that public consultation be required for port overlays and master plan reviews
- Environmental groups raised concerns about the potential for increased transhipping operations as a consequence of dredging restrictions, and about protection of the Greater Fitzroy Delta
Recommendations (13)
- The committee recommends the Sustainable Ports Development Bill 2015 be passed with amendments.
- The committee unanimously recommends the Bill be amended to require the Minister to table in Parliament a master plan, an amended master plan, and a summary of the outcomes of the consultation.
- The committee unanimously recommends the Bill be amended to require the Minister to provide the relevant port authority and local government with a copy of the final or amended master plan.
- The committee unanimously recommends the Bill be amended to provide public consultation during the review of a master plan.
- The committee unanimously recommends clause 56 of the Bill be amended to require the chief executive to publish documents associated with the review of a master plan on the public register.
- The committee unanimously recommends the Bill be amended to require consultation on a port overlay.
- The committee recommends the Minister address the potential uncertainty identified by the Queensland Environmental Law Association regarding existing development applications and approvals in his second reading speech.
- The committee unanimously recommends clause 34 of the Bill be amended to strengthen and clarify the policy intent.
- The committee unanimously recommends the Bill be amended to provide a definition of 'beneficial reuse' using, but not limited to, the examples included in the explanatory notes.
- The committee recommends the Minister clarifies the application of the Bill in relation to the temporary placement of dredged material for rehandling.
- The committee recommends the Minister provides additional information on the government's policy regarding the transitional provision and if it would apply to projects that do not require an Environmental Impact Statement.
- The committee unanimously recommends the Minister considers declaring the Port of Cairns as a priority port following a considered assessment of the environmental impacts on the Great Barrier Reef, the economic benefits to the Cairns region, and the government's commitments made to UNESCO and under the Reef 2050 Long-Term Sustainability Plan.
- The committee unanimously recommends the Minister provides advice on the timeframe for the delivery of the maintenance dredging framework and ensures that the views expressed by stakeholders during the committee's inquiry are taken into account in the framework.
Committee report tabled
▸Second Reading10 Nov 2015View Hansard
That the bill be now read a second time
Party VoteVote to advance the Sustainable Ports Development Bill to the committee stage, after extensive debate about the balance between reef protection and port economic development, with both sides supporting the bill but disputing credit for the underlying policy framework.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
That the amendment be agreed to
Vote on Mr Cripps' amendment to defer the second reading of the bill until after 1 April 2016, when the Cairns port environmental impact statement was scheduled to be completed, so parliament could make a fully informed decision about the bill's provisions for Cairns.
The motion was defeated.
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Ayes (43)
Noes (43)
▸17 members spoke14 support3 mixed
Supported the bill as essentially a copy of the 2014 LNP bill, but criticised the government for not making Cairns a priority port and for removing the review date from the original LNP legislation.
“We will be supporting this bill, as the member for Hinchinbrook said, because it is basically a copy of the 2014 bill that the member for Callide put forward.”— 2015-11-12View Hansard
Did not oppose the bill but moved an amendment to defer consideration until after the Cairns port EIS was completed. Argued the compromise amendments for Cairns lacked scientific justification and that parliament should not vote without knowing the EIS outcome.
“This parliament should not be asked to consider this bill in full until we know the outcome of the EIS that is currently underway for the port of Cairns.”— 2015-11-11View Hansard
Strongly supported the bill as an important milestone in the campaign to save the Great Barrier Reef, delivering on commitments made through the Reef 2050 Long-Term Sustainability Plan.
“The Sustainable Ports Development Bill is an important milestone in our campaign to save the Great Barrier Reef. It delivers on commitments we made to the people of Queensland and commitments we made to the world at large through the Reef 2050 Long-Term Sustainability Plan.”— 2015-11-12View Hansard
Supported the deferral amendment and the philosophy behind the bill, but argued the government's dredging limits for Cairns lacked scientific evidence. Called for waiting until the EIS was complete to give the people of Cairns economic certainty.
“This is a simple and prudent process, an amendment that should be supported, to give the people of Cairns and Far North Queensland some economic hope, to provide some clear guidance as to what the future of the port of Cairns is.”— 2015-11-11View Hansard
Strongly supported the bill, emphasising significant differences from the previous LNP version including the legislative prohibition on dumping capital dredge spoil and protection of the Fitzroy Delta, which were key to UNESCO's favourable decision.
“Firstly, there was no legislative prohibition on the dumping of capital dredge spoil in the Great Barrier Reef World Heritage area. There was no legislative prohibition on capital dredge spoil dumping; let's make that clear.”— 2015-11-12View Hansard
Opposed the deferral motion as reckless and opportunistic. Argued the bill achieved the necessary balance between reef protection and Cairns port development, and that deferring would put at risk the commitment made to UNESCO to pass legislation before the end of 2015.
“I stand here to oppose this deferral motion because we promised the world that we would act before December 2015 and here I am acting to protect the Great Barrier Reef.”— 2015-11-11View Hansard
Supported the bill but argued strongly that the legislative framework was the product of three years of work by the LNP government, including the strategic assessment process and ports strategy, and criticised Labor for taking credit.
“What matters most is that we have in place the framework that is necessary to demonstrate to the world that every Queenslander is protecting the Great Barrier Reef and that we have in place a legislative provision to ensure we can have the development that every Queenslander needs at the same time as we protect the reef.”— 2015-11-12View Hansard
Strongly opposed the deferral motion as minister for the Great Barrier Reef. Argued passing the bill was essential to honour Queensland's commitment to UNESCO and protect the 69,000 Queenslanders who rely on the reef for their livelihoods.
“I rose to oppose it because we on this side of the House and I as minister for the Great Barrier Reef will do what needs to be done to protect the reef.”— 2015-11-11View Hansard
Supported the bill while emphasising the need for flexibility to expand ports to accommodate the growing food and fibre export economy in regional Queensland.
“This bill needs to provide the flexibility to expand. That does not mean to the detriment of the Great Barrier Reef.”— 2015-11-12View Hansard
Spoke as committee chair supporting the bill. Acknowledged the committee's recommendation for Cairns to be considered as a priority port and commended the minister's compromise amendments allowing limited capital dredging at Cairns.
“I personally believe that we had to do a bit more to help Cairns rather than completely shut the gate on any development opportunities.”— 2015-11-11View Hansard
Supported the bill as striking an important balance between sustainable port development and reef protection, detailing ongoing port projects at Townsville, Gladstone and Cairns that would continue under the legislation.
“This is one of the great differences between this government and the opposition and one of the defining issues in terms of the recent election campaign. It is our view that protecting the environment is an essential part of economic development.”— 2015-11-12View Hansard
Supported the bill as a committee member, focusing on the master planning provisions and the benefits for the port of Gladstone. Highlighted the port's record throughput and the government's investment in port infrastructure.
“I am proud to say that I stand here as the member for Gladstone who helped save that port from being sold.”— 2015-11-11View Hansard
Supported the bill as reflecting the Ports Bill introduced by the LNP in November 2014, while questioning the scientific basis for the 50,000 cubic metre dredging limit at Cairns and crediting the LNP government for the strategic assessment and reef protection work.
“This bill, which in many respects reflects the Ports Bill that was introduced by the member for Callide in November 2014, should be supported.”— 2015-11-12View Hansard
Supported the bill and the Cairns amendments as the local member. Argued the amendments achieve the necessary balance between reef protection and allowing the port to respond to commercially viable development opportunities.
“The key to the port of Cairns is achieving the balance of meeting our needs towards the Great Barrier Reef on the one hand—our lifeline of tourism injection in Cairns—and the need to maintain a port that services Far North Queensland.”— 2015-11-11View Hansard
Supported the bill but was compelled to speak against Labor's politicisation of the reef, defending the LNP's environmental record including the Gladstone Healthy Harbour Partnership and best management practice programs.
“No-one—no-one—is interested in destroying the Great Barrier Reef in this state. We need to take the politics out of the Great Barrier Reef and start working together to ensure that the next generations can thoroughly appreciate it as much as we have.”— 2015-11-12View Hansard
Spoke as a committee member, noting the bill was not much different from the LNP's 2014 bill. Disappointed that the government did not follow the committee's unanimous recommendation to consider Cairns as a priority port, and criticised the government's inconsistency on reef protection.
“On one hand members of the Labor Party are very concerned about the reef, but in certain circumstances that all goes completely out the window because it is okay to massively expand one port that is right in the middle of all of that.”— 2015-11-11View Hansard
As minister in reply, defended the bill's purpose of balancing reef protection with economic development, addressed opposition concerns about Cairns dredging volumes, and argued the bill went further than the LNP's 2014 version by banning sea-based disposal of dredge spoil.
“This government is committed to supporting Cairns, its port, the industries that rely on the port and the community of Cairns. We have listened to all those concerned about the future of the port of Cairns and, through the amendments to the bill, we have established a clear direction on how the port of Cairns will be able to take up future development opportunities that will not impact on the reef.”— 2015-11-12View Hansard
▸In Detail11 Nov 2015 – 12 Nov 2015View Hansard
Amendment to clause 2 (Purpose of Act) to replace the bill's purpose of protecting the Great Barrier Reef through managing port-related development with a broader purpose of sustainable port development to facilitate economic growth while protecting environmental assets, and to reintroduce the 'avoid, mitigate, offset' hierarchy.
That the amendment be agreed to
Vote on Mr Cripps's (LNP) amendment to rewrite the bill's purpose clause to emphasise economic growth alongside reef protection and reintroduce the 'avoid, mitigate, offset' hierarchy; defeated 44-44 with the Speaker's casting vote.
The motion was defeated.
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Ayes (44)
Noes (44)
Government amendments 1-15 (moved en bloc) to clauses 3-31, including amendments to master plan processes requiring public notices and tabling in the Legislative Assembly, allowing administrative amendments without full consultation, and requiring reports on review decisions and development scheme inconsistencies to be tabled in parliament.
Government amendments 16-17 to clause 32 to clarify that the prohibition on new port facilities does not apply to disposing or depositing of dredge material, and to provide an exemption for Port of Gladstone development on islands within the special industry zone or strategic port land.
Amendment to the minister's amendment No. 16 to add the ports of Cairns and Mourilyan to the exemptions from the prohibition on port facility development, effectively removing those ports from the bill's restrictions until the EIS expired on 31 March 2016.
That the amendment to the amendment be agreed to
Party VoteVote on Mr Knuth's (KAP) amendment to exclude the ports of Cairns and Mourilyan from the bill's capital dredging restrictions, arguing the government's 50,000 cubic metre cap was inadequate for Cairns's development needs.
The motion was defeated.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Government amendment 18 to rename Part 3 division 3 heading by removing 'and disposal of dredge material'.
Government amendment 19 to clause 33 allowing capital dredging at non-priority ports for the Port of Cairns inner harbour only, capped at 50,000 cubic metres per project and 150,000 cubic metres over four years, while maintaining full restrictions on other non-priority ports.
Government amendments 20-25 (moved en bloc) including requiring land-based disposal or beneficial reuse of capital dredge material for priority ports and Port of Cairns, establishing a mandatory four-year review of the Cairns dredging provisions with public consultation, removing the compensation provisions for port overlays, and requiring registers to include proposed port overlays and public submissions.
Government amendments 26-38 (moved en bloc) to Schedules 1 and 2 updating dictionary definitions including administrative amendment, capital dredging exclusions, EIS process definitions, inner harbour boundary for Port of Cairns, public notice requirements, and consequential amendments to the Sustainable Planning Act 2009.
That the amendment be agreed to
The motion passed.
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Ayes (44)
Noes (41)
That the amendment to the amendment be agreed to
The motion was defeated.
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Ayes (41)
Noes (44)
Vote on a motion
Procedural vote associated with the Sustainable Ports Development Bill debate.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (41)
Noes (42)
Moved an amendment to broaden the bill's purpose clause to include economic growth alongside reef protection, and persistently questioned the government's justification for the Cairns-only dredging exemption, but ultimately supported the bill's passage after his amendment was defeated.
“What has consistently been ignored and not explained is why, if those arrangements are appropriate for the port of Cairns and will not impact on the Great Barrier Reef going forward and do not offend the agreement with UNESCO, will not those arrangements also suffice for other non-priority ports on the east coast of Queensland?”— 2015-11-12View Hansard
Moved amendments to remove the ports of Cairns and Mourilyan from the bill's restrictions, arguing that the 50,000 cubic metre dredging cap was completely insignificant for Cairns's needs and that dredging impacts on the reef were exaggerated.
“Cairns interest groups have clearly stated that 50,000 cubic metres per project is insignificant and 150,000 capped over four years is completely insignificant. It will probably take 50 to 100 years for these projects, particularly when Cairns is looking to get international cruise liners, cargo ships and sugar ships.”— 2015-11-12View Hansard
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