Port activities

Maritime safety is a key consideration in determining the suitability of a proposed port. Regulatory/management matters with regards to maritime safety, navigation, pollution and emergency response include requirements under the Queensland Maritime Safety Queensland Act 2002, Transport Operations (Marine Pollution) Act 1995 and Transport Operations (Marine Safety) Act 1994, as well as Australian Government maritime legislation and International Maritime Organization conventions and International Law of the Sea requirements.

Government considerations may include:

• the scope of proposed assets including:
• infrastructure
• navigation infrastructure including aids to navigation (such as buoys, beacons, and lights) and vessel traffic services communications
• waste reception facilities and management for ship-sourced pollutants
• vessels
• approach channels, swing basins and anchorages
• sufficiency of natural water depth and shelter to accommodate vessel arrivals and departures, and safe and efficient loading and unloading
• if movement of vessels is going to be tidally constrained—the tidal datum, the tidal regime including tidal constituents, tidal predictions and gauges, and under keel clearance management.

The following government policies relating to maritime safety should be considered when establishing a port:

• Guidelines for Major Development Proposals with a likely maritime impact
• Standards for Hydrographic Surveys within Queensland Waters
• Australian Tides Manual Special Publication No. 9.

For the establishment of new ports, it is imperative that any new developments are undertaken in a manner that maximises efficiency for the whole Queensland port network. This should include facilitating third party access with flexibility to provide appropriate commercial outcomes. Avoidance of duplication or inefficient use of existing infrastructure should be considered prior to new developments being undertaken due to geography, safety considerations, environmental impacts, and economic efficiencies. This is particularly important in Queensland where ports are in the Great Barrier Reef World Heritage Area.

The locality of a proposed port is a key consideration, including whether a project includes sufficient access to infrastructure. This may include assessment of:

• access to appropriate alternative options to promote efficient use of existing port and supply chain infrastructure
• the economic environment and the potential to develop and grow new trade
• sufficiency of supply chain infrastructure, be it for the transport of national resources like minerals or agricultural products or to support industrial parks
• sufficiency of land and sea space for the initial development and future expansion
• access to efficient transport modes of sufficient capacity (road, rail, river, and so on)
• the tenure of the land, including consideration of the Queensland Government Procedure: Issues of tenures to a Port Authority/Corporation
• land use planning matters including associated with the Planning Act 2016, Planning Regulation 2017, and the State Planning Policy.

Queensland’s unique environment and biological diversity, including the Great Barrier Reef stretching along the majority of Queensland's coastline, highlights the importance of sustainable development of our ports.

Integrating environmental considerations in port planning and management is critical to protecting the Great Barrier Reef World Heritage Area's Outstanding Universal Value, and other important environmental values. As described in the sections above, the regulatory framework identifies areas across the Queensland coastline where port development may, or may not, be able to occur. Establishment of a port requires detailed assessment and statutory approvals, including consideration of potential impacts on environmental values.

Matters the government may consider in establishing a port may include:

• proposed port activities, potential risks and associated strategies to avoid, minimise, mitigate and offset impacts
• potential impacts on matters of national environmental significance and matters of state environmental significance, and any federal or state environmental impact statement requirements
• regulatory matters with regards to Commonwealth and State environmental protection and marine protected area legislation, including compliance with the Sustainable Ports Development Act 2015
• alignment to the provisions of the Environmental Protection Regulation 2019 relating to transhipping
• compliance with the planning framework, including consideration of state codes for environmental matters under the State Planning Policy
• alignment with frameworks such as the Reef 2050 Long-Term Sustainability Plan
• area of operation acknowledging jurisdictional boundaries such as Queensland and Commonwealth waters, marine parks, and Australian Marine Bioregional Management Regions (North and Temperate East plans) as implemented under section 176 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

To respond to the impacts of climate change and safeguard the reef, the Clean Economy Jobs Act 2024 establishes an emissions reduction target of 75% below 2005 levels by 2035, and a commitment to net zero emissions by 2050. TMR's Queensland Freight Strategy – Advancing Freight in Queensland ensures freight planning considers climate change mitigation and adaptation. Similarly, the Queensland Transport Strategy recognises the importance of the transport networks being resilient to the effects of climate change.

Climate-related considerations at ports could include:

• understanding and considering climate risks in future planning and operations (for example sea level rise, greater swells/high tides, increased storm severity)
• developing specific climate adaptation plans for each port
• utilising sustainable, resilient infrastructure
• reducing emissions
• proximity of renewable energy projects, and availability of/opportunities for connecting infrastructure
• availability of port land and infrastructure to support transition to low and zero emissions fuels and energy sources.

In addition to Queensland Government requirements, the Australian Government regulates potential impacts associated with port development in Queensland, including under the:

• Environment Protection and Biodiversity Conservation Act 1999 which requires assessment of impacts on matters of national environmental significance such as the Great Barrier Reef World Heritage Area, Ramsar Wetlands, Commonwealth Marine Areas, listed threatened species and/or migratory species
• Environment Protection (Sea Dumping) Act 1981 which regulates dredging and the placement of dredged material.

It is expected that any proposal for establishing a new port includes engagement with First Nations Peoples and Native Title considerations.

It is expected a proposal for a new port will consider community benefits such as:

• employment opportunities
• facilities such as community boat ramps, jetties
• services such as refuelling for recreational and commercial vessels.

The Queensland Government’s consideration of any proposal for establishing a new port must also include a consideration of (and not be incompatible with) human rights under the Human Rights Act 2019.