Queensland Government FAQs - The Frequently Asked Questions and Answers below have been supplied by the Queensland Government
Frequently asked questions
- provide land and residential housing opportunities for the Quandamooka people on Quandamooka Country, being land identified through a Native Title determination;
- provide important future economic, social and cultural opportunities for the Quandamooka people; and
- contribute to State Planning Policy outcomes for housing diversity, cultural heritage and natural hazards, risk and resilience; and advance the purpose of the Planning Act 2016 in promoting Aboriginal knowledge, culture and tradition, and also encouraging investment, economic resilience and economic diversity.
What is the Minjerribah (Site specific land uses) amendment?
A: The Minjerribah (Site-specific land uses) amendment will provide development opportunities for specific land parcels on Minjerribah (North Stradbroke Island). The amendment will also ensure future development has regard to and considers natural hazards and risks, including bushfire.
What land parcels does the Minjerribah (Site specific land uses) amendment apply to?
A: There are 25 land parcels that the Minjerribah (Site-specific land uses) amendment will apply to, which includes land within or adjacent to each of the existing townships of Dunwich (Gumpi), Amity (Pulan Pulan) and Point Lookout (Mulumba) on Minjerribah.
Why was the Minjerribah (Site specific land uses) amendment necessary?
The Planning Minister issued a Ministerial Direction to the council to reflect the Temporary Local Planning Instrument No. 2 of 2020 – Quandamooka Land Aspirations Area into the planning scheme on a permanent basis.
In accordance with the Ministerial Direction, the Minjerribah (Site-specific land uses) amendment must reflect the Temporary Local Planning Instrument. To do this, the council is required to change the zoning of certain land parcels on Minjerribah and to change the planning scheme to provide appropriate development controls.
Why was Temporary Local Planning Instrument No. 2 of 2020 – Quandamooka Land Aspirations Area given effect on North Stradbroke Island (Minjerribah)?
The TLPI is an outcome of the Quandamooka Indigenous Land Use Agreement that followed the 2011 Native Title determination recognising the Quandamooka people’s Native Title rights. The use of the TLPI was considered necessary as the existing provisions of Redland City Council’s planning scheme did not support development consistent with the land use aspirations of the Quandamooka people for the listed sites. The stated purpose and effect of the TLPI, as outlined in the Queensland Government Gazette on 14 September 2020 was to:
When did the Temporary Local Planning Instrument No. 2 of 2020 – Quandamooka Land Aspirations Area apply and when did the Planning Minister issue the Ministerial Direction?
The Temporary Local Planning Instrument took effect on 14 September 2020 and has effect for a period of two years, unless extended or repealed.
On 27 July 2021, the Planning Minister issued the Ministerial Direction to the council to amend the planning scheme.
Why are zoning changes required on North Stradbroke Island?
The current zoning does not facilitate development consistent with the Temporary Local Planning Instrument No. 2 of 2020 – Quandamooka Land Aspirations Area. Accordingly, the Minjerribah (Site-specific land uses) amendment will apply various zonings across specific land parcels on North Stradbroke Island.
Why was the 03/21 - Major Amendment – Quandamooka Land Aspirations Area renamed to Major Amendment 03/21 – Minjerribah (Site specific land uses)?
The changed amendment title aligns with the purpose of the proposed amendment by referring to the land parcels applicable to the proposed amendment, rather than a reference to people. Minjerribah is the traditional name of the island.
What bushfire requirements are included in the Minjerribah (Site specific land uses) amendment?
The Minjerribah (Site specific land uses) amendment will include a new overlay code to ensure future development has appropriate development controls to protect the safety and wellbeing of occupants by ensuring that bushfire risks are managed. The development controls in the proposed planning scheme amendment are the same development controls in the Temporary Local Planning Instrument.
Some of the parcels could be contaminated from sand mining. How will this be addressed?
The planning scheme and state legislation already have requirements for addressing site contamination. In some instances, development over contaminated sites will also be assessed by the state.
What does an ‘emerging community’ zone mean?
An emerging community zone applies to areas that are anticipated to accommodate future urban development. However, these areas require further detailed planning and investigation to determine the most suitable development options before this can occur.
Can the parcels be subdivided?
Any future development, including subdivision of the parcels of land will be subject to the same assessment process and requirements as any other development in the local government area.
Development options will be dependent on the decisions of future landholders and the characteristics of land parcels, including such factors as location, access to infrastructure, environmental attributes and mitigating risk from natural hazards. Ultimately, the development applications will be assessed and decided by the council.
What does the Minjerribah (Site specific land uses) amendment mean for the council and will the proposed amendment change how the council assesses development?
The council must consider the planning controls in the Minjerribah (Site-specific land uses) amendment in the same way it did for the Temporary Local Planning Instrument when assessing development applications on the 25 land parcels. Any future development on these parcels will also need to meet other planning controls in the planning scheme.
What does the Minjerribah (Site specific land uses) amendment mean for the community?
The purpose of the amendment is predominantly to enable residential uses and some business opportunities to occur for the Quandamooka people, on what is currently State land.
No existing freehold land, being land where ownership rests with an individual owner and that is not owned by the state, is affected by the amendment. However, there are instances where the permitted development will change on sites next to existing and developed freehold land.
This means new or different development that was previously not allowed under the Redland City Plan 2018, may take place on these sites.
Any future development on these sites will also need to meet the assessment requirements under the Redland City Plan 2018, as well as the additional requirements included in the amendment. Most of these new assessment requirements outline where to locate development on a site and what vegetation management is needed to protect development from bushfire hazards.
Providing these important residential, cultural and business opportunities for the Quandamooka people should also benefit the broader Minjerribah community, as it encourages more business, boosts the local economy and provides housing and jobs for people on the island.
How will infrastructure to service the rezoned allotments be funded, particularly for lots that exist outside Council’s Priority Infrastructure Area ?
A: All infrastructure requirements to service development enabled by the QLAA TLPI amendment will be met by the development proponents. Council will not make a financial contribution towards the cost of this infrastructure.
Have planning investigations been undertaken to ensure the rezoned allotments satisfy the requirements of the State Planning Policy? Will this information be made publicly available?
The rezonings have been informed by analysis of site constraints, including the consideration of bushfire, flood and wildlife habitat, to determine if development can be facilitated.
How long will the Minjerribah (Site specific land uses) amendment be in effect?
The Minjerribah (Site specific land uses) amendment, unlike the Temporary Local Planning Instrument makes permanent changes to the planning scheme. The Temporary Local Planning Instrument will be withdrawn once the Minjerribah (Site specific land uses) amendment is adopted as an amendment to the planning scheme.
What will happen if the Temporary Local Planning Instrument No. 2 of 2020 – Quandamooka Land Aspirations Area expires before the Minjerribah (Site specific land uses) amendment comes into effect?
The Temporary Local Planning Instrument is due to expire on 14 September 2022. It is unlikely that the process to amend the planning scheme to include the Minjerribah (Site specific land uses) amendment will be completed by this time. As such, the Temporary Local Planning Instrument will be required to be remade closer to the expiration date of the TLPI to ensure there is continuity in how these sites are regulated.
What will be built on the properties being rezoned in the Minjerribah (Site specific land uses) amendment?
It is anticipated that the future use of the sites will be consistent with the purpose of the proposed zones. The council will be required to assess the suitability of future developments in accordance with the purpose of the proposed zones and other development controls in the planning scheme.
If the amendment is the result of a Ministerial Direction, can consultation actually change anything? If so what can and can’t be changed as a result of community consultation?
The Ministerial Direction does not identify how the planning scheme should be amended to reflect the Temporary Local Planning Instrument. In this instance, the council has chosen an overlay and overlay code to best reflect the outcomes of the Temporary Local Planning Instrument.
There may be aspects arising from community consultation that have not been considered in developing the Minjerribah (Site specific land uses) amendment which will be considered on their merits on review.