Ecotourism Tool Kit

Department of Tourism, Major Events, Small Business and the Commonwealth Games
Queensland
Ecotourism
Development
Toolkit
September 2016
CS5025 09/16 Front cover image: Hiking through Lamington National Park near Green Mountain,
Photo: Anna Osetroff © Queensland Government.
© State of Queensland, 2016.
The Queensland Government supports and encourages the dissemination and exchange of its
information. The copyright in this publication is licensed under a Creative Commons Attribution 3.0
Australia (CC BY) licence.
Under this licence you are free, without having to seek our permission, to use this publication in
accordance with the licence terms.
You must keep intact the copyright notice and attribute the State of Queensland as the source of the
publication.
For more information on this licence, visit http://creativecommons.org/licenses/by/3.0/au/deed.en
Disclaimer
This document has been prepared with all due diligence and care, based on the best available
information at the time of publication. It is acknowledged that legislation and processes may be
amended or replaced post-publication.
The Department of Tourism, Major Events, Small Business and the Commonwealth Games holds no
responsibility for any errors or omissions within this document. Any decisions made by other parties
based on this document are solely the responsibilities of those parties. Information contained in this
document is from a number of sources and, as such, does not necessarily represent government or
departmental policy.
September 2016
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Contents
click on a heading to jump to that section
Introduction 1 When do you need a Commercial Activity Permit? 44
Background 2 When do you need development approval? 45

Ecotourism and its importance to Queensland 2 Sustainable Planning Act 2009 and State
Assessment and Referral Agency (SARA) 45
Queensland’s vision 3
Local government planning schemes 46
Queensland’s competitive advantage 4
Material Change of Use and types of assessable development 46
Snapshot: Queensland’s World Heritage Areas 5
Development assessment road map 47
Key considerations for ecotourism developments in Queensland 6
How should native title, Aboriginal cultural heritage

Purpose of the toolkit 7
and Torres Strait Islander cultural heritage be addressed? 48
What assistance is available? 9
What other approvals may commonly be required? 50
What are the key steps in an ecotourism development process? 10
Conclusion 53
What is the approval process for ecotourism facilities? 22 Pre-approvals 54
Introduction 22 The approval process 55
Freehold land 23 Construction 55
Freehold land case study: Nightfall Wilderness Camp 24 Operation 55
Non-protected areas 26
References and resources 56
Protected areas 34
Case study: ecolodge on national park land (hypothetical) 35 Glossary of abbreviations and terms 59
Case Study: Great Barrier Reef Marine Park floating pontoon

(hypothetical) 42
Continued over...
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Appendix A: Less common state legislation and policies
relevant to the assessment of ecotourism facilities 62
Appendix B: The Commonwealth Environment Protection

and Biodiversity Conservation Act 1999 referral process 63
Environment assessment process –
assessment/decision whether to approve 64
Appendix C: Indigenous Land Use Agreement—native title 65
Appendix D: Cultural heritage management plan process 66
Appendix E: Sustainable Planning Act—development assessment 67
Eli Creek, Fraser Island. December 2015.

Photo: Aaron Spence © TEQ
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Introduction
Springbrook National Park.
Photo: Maxime Coquard © Queensland Government
The Queensland Ecotourism Development Toolkit (‘the toolkit’)

has been specifically designed to provide you, as developers
and investors, with the knowledge and guidelines to help
you make informed decisions regarding the development of
ecotourism products on different land tenures. This information,
combined with advice and assistance from your town planner
and professional advisors, can help you create an ecotourism
development proposal for securing necessary approvals.
You will gain an understanding of the ecotourism development process
and how to navigate the planning and regulatory approvals process. The
significance of site selection, land tenure and development design is
highlighted to ensure impacts on sensitive environments are mitigated and
assessment processes streamlined.
This toolkit has been produced by the Queensland Government in

consultation with key landholding agencies, investors, the tourism industry
and other key stakeholders, and will help you answer the following
questions:
• What are the key considerations for ecotourism developments in
Queensland?
• What are the key steps in an ecotourism development process?
• What is the approval process for ecotourism facilities?
• When do you need a commercial activity permit?
The information contained in this toolkit is to be used as
• When do you need development approval? a guide only to direct you on the right path, and any facts
• How should native title and Aboriginal and Torres Strait Islander cultural and figures are considered correct at time of publication.
heritage be addressed? Some facts and figures, such as requirements relating to
legislation, may change in the future. It is recommended
• What other approvals may commonly be required? that you seek further professional advice before making
any decisions to develop ecotourism products and
experiences in Queensland.
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Background
The tourism industry is currently worth around $23 billion (direct and indirect
Ecotourism and its importance to Queensland contributions) to the Queensland economy, generating $54 million a day in
overnight visitor expenditure and both directly and indirectly employing 220 000
Ecotourism encompasses nature-based experiences that increase Queenslanders (Tourism and Events Queensland (TEQ), June 2016). Ecotourism is
visitor appreciation and understanding of natural and cultural values. a key sector of the broader range of tourism experiences offered in Queensland,
These experiences are managed to ensure they are ecologically, contributing to domestic and international visitor arrivals and expenditure (NPSR,
economically and socially sustainable, contributing to the wellbeing of 2016 (a)).
the natural areas and local communities where they operate. National parks are a significant contributor to the Queensland economy, with
Ecotourism activities include visiting national parks, botanical gardens, wildlife parks research indicating that the total spend by visitors who include a visit to a national
and zoos through to bushwalking, whale watching, snorkelling and scuba diving. park in their holiday itinerary contributes $4.43 billion to the state’s economy. It is
The most common ecotourism activities undertaken by international and domestic also estimated that direct spending by visitors attributed exclusively to the existence
visitors are visiting a national park and bushwalking. of national parks amounts to over $749 million per year, adding around $345 million
to gross state product per annum (Ballantyne, Brown, Pegg and Scott, 2008). The
Ecotourism operators are both a partner and contributor to the conservation economic value of national parks also extends beyond the parks themselves.
of Queensland’s special places. By delivering best practice in ecotourism and Queensland’s natural assets drive a strong visitor economy, supporting regional
visitor experiences, operators help to build a relationship between the visitor and economies and development, jobs and communities.
the natural and cultural features of the environment, and encourage a life-long
commitment to caring for them (Department of National Parks, Sport and Racing Ecotourism plays an important role in regional economies, generating economic
(NPSR), 2016 (a)). and social benefits. Visitor and market interest in Aboriginal and Torres Strait
Islander culture presents an important opportunity for employment and business
Ecotourism is well established in Queensland and the state government has development for Aboriginal and Torres Strait Islander peoples. Ecotourism
placed a high priority on fostering further development of ecotourism projects and investment also enhances the capacity of the broader tourism industry to provide
experiences. As a focus for international visitation, Queensland’s valuable natural more diversified tourism products and better services to tourists.
attractions are the key driver of visitor demand, and offer a strong competitive
advantage in a growing global tourism economy.
Freehold land near Greenvale North Queensland, August 2016.

Photo: Robert Hassett © DNRM

Queensland’s vision
The Queensland Government is committed to creating new opportunities for
investing in ecotourism accommodation, experiences and attractions that showcase
the state’s natural attributes, while preserving these assets for future generations.
Our vision for ecotourism is:
Queensland is an internationally celebrated ecotourism

destination, delivering world-class interpretation and
experiences that support the conservation of special natural
places and unique Indigenous and cultural heritage
—Queensland Ecotourism Plan 2016–2020
Guiding documents include the Queensland Ecotourism Plan 2016–2020 (‘the Plan’),
Advancing Tourism 2016−20 (draft) and the Best Practice Ecotourism Development
Guidelines (2015 (b))—the latter applying primarily to development in protected
areas such as national parks.
The Queensland Ecotourism Plan 2016–2020 outlines five strategic directions

identified by the tourism industry, government and community stakeholders:
1. driving innovation in ecotourism experiences
2. showcasing the world renowned Great Barrier Reef
3. stimulating investment in new and refurbished ecotourism opportunities
4. expanding authentic Indigenous ecotourism experiences
5. promoting Queensland’s world-class ecotourism experiences.
This toolkit addresses the strategies in Queensland’s Ecotourism Plan related to

driving innovation in ecotourism experiences and stimulating investment in new
and refurbished ecotourism opportunities. The toolkit also addresses the strategic
priorities within Advancing Tourism 2016−20 (draft), including the development
of new and refreshed ecotourism, nature-based and cultural heritage products
Hiking around the Scenic Rim near Rathdowney, June 2015. and experiences.
Photo: Jason Charles Hill © TEQ

International visitor research reveals Australia’s
biggest strength is its ‘world-class nature’
—Tourism Australia, 2013
Eli Creek, Fraser Island, December 2015.

Queensland’s competitive advantage (QPWS) manages approximately 360 000 square kilometres of marine and estuarine
waters throughout Queensland. This includes the Great Sandy and Moreton
Bay marine parks, 70 declared Fish Habitat Areas and, jointly managed with the
World-class national parks and marine parks—including five World Commonwealth, the Great Barrier Reef Marine Park.
Heritage areas and a diversity of appealing landscapes and iconic
wildlife—give Queensland a competitive advantage in ecotourism. Many of the state’s most important natural assets are found in the five declared
UNESCO World Heritage Areas—Great Barrier Reef, Wet Tropics, Gondwana
Much of the potential remains untapped, with significant opportunities yet to be Rainforests of Australia, Fraser Island and Australian Fossil Mammal Site
sustainably developed into accessible visitor experiences. As the world’s population (Riversleigh). The state also has other areas of natural value that are not included in
grows and becomes increasingly urbanised, tourists will be drawn to nature-based some form of protected tenure, which may also provide a basis for ecotourism.
experiences and Queensland’s natural assets will become an increasingly important
drawcard for locals and visitors alike (Commonwealth Scientific and Industrial
More information
Research Organisation (CSIRO), 2013).
Information on Queensland’s ecotourism resources and tourism data for each of the
Queensland has more than 300 national parks covering in excess of 9 million
state’s 13 tourism regions can be found at www.stateoftheindustry.destq.com.au
hectares, including Cape York Peninsula Aboriginal Land (CYPAL). In addition to
and www.destq.com.au.
national parks and other protected areas, the Queensland Parks and Wildlife Service

Snapshot: Queensland’s World Heritage Areas
• The Great Barrier Reef is the world’s largest coral reef, stretching more than 2000
kilometres along the Queensland coastline. Covering 35 million hectares, the
Great Barrier Reef is the only living structure on earth visible from outer space.
• The Wet Tropics World Heritage Area is one of a small number of areas worldwide
that meets all four natural criteria for World Heritage listing. The Wet Tropics
extend from Cooktown to Townsville, covering almost 900 000 hectares.
• The Gondwana Rainforests of Australia are located in both New South Wales
and Queensland, and meet three of the four natural criteria for listing, including
representing a major stage of the earth’s evolutionary history. They are an
outstanding example of ongoing ecological and biological processes, and
contain the most important natural habitats for conserving biological diversity.
• Fraser Island is the world’s largest sand island, lying east of Maryborough and
Hervey Bay. The island has over 250 km of sandy beaches, tall rainforests on
sand, dune lakes and a mosaic of landscapes.
• Riversleigh Australian Fossil Mammal Site is an area of pre-historic fossil remains
in the southern section of Boodjamulla (Lawn Hill) National Park in north-west
Queensland. The Australian Fossil Mammal Site (Riversleigh/Naracoorte) World
Heritage Area was listed in 1994 because it represents a major stage of the
earth’s evolutionary history and is an outstanding example of ongoing ecological
and biological processes. Source: NPSR, World heritage areas
Butterfly Lake, Fraser Coast, October 2014.
Photo: Lauren Bath © TEQ

Key considerations for ecotourism • fiscal yield considerations when there are smaller tourist numbers
developments in Queensland • seasonality and disruption to operation (e.g. natural weather events)
• unplanned evacuations and/or closures
A major focus of ecotourism is to educate and inform visitors, as well as to make a
• insurance associated with natural fires, floods and storms
contribution to the conservation and management of the natural areas and wellbeing
of the local community where the ecotourism operation occurs (NPSR, 2015(c)). • environmental consulting and eco accreditation services and fees.
Business plans and modelling for ecotourism facilities in remote and natural Certification programs assure customers of an operator’s environmental best
locations need to take into account a range of factors (that may also apply to other practice standards, and are important tools to develop and promote higher
types of tourism ventures), including: ecotourism standards in Queensland.
• access to existing or established tourist hubs Certification programs are based on a number of crucial elements for responsible
• cost of transportation tourism development, such as ensuring best practice in environmental management,
respect for local cultures and traditions, and contribution to local conservation
• extra costs in construction due to remoteness efforts. They include a compliance policy and independent auditing to ensure a well-
• cost of services and supplies during operation associated with remoteness managed commitment to sustainable practices by certified tourism operators.
• limited or lack of services and utilities (e.g. power, sewerage and water) More information about ecotourism certification can be found at: NPSR, Ecotourism
• attracting and retaining quality staff
Girraween National Park, Darling Downs, January 2016.

Photo: Paul Giggle © TEQ

Lake Moogerah, April 2015.
Photo: Larissa Dening © TEQ
Purpose of the toolkit

What is the purpose of this toolkit? their development design requirements and the applicable regulatory processes.
While this toolkit does not describe every aspect of the planning and approvals
process relating to different land tenures, it does provide a guide to the standard
This toolkit is designed to help you navigate planning and
planning and regulatory approval process associated with ecotourism products and
environmental regulatory and native title processes when developing experiences.
ecotourism products and experiences across a range of land tenures in
Queensland. The toolkit also highlights the significance of site selection and development design
to ensure impacts on sensitive environments are avoided, minimised or mitigated
This toolkit is designed to provide practical, high-level guidance and information and assessment processes streamlined. The underpinning premise is that by making
to help you determine the approval processes (at the time of publication) required good decisions about site selection and design, the pathway through regulatory
for the construction, operation or major redevelopment of buildings and facilities processes will be smoother.
associated with ecotourism facilities on different land tenures. With the exception
of information regarding native title and cultural heritage, the following information You are encouraged to properly investigate the market and context in which you
may not be relevant for projects that only involve activities such as birdwatching or will operate, and promote the achievement of a good fit between the formulation
hiking, unless physical infrastructure is required to expand the product offering (e.g. of the proposal and its economic, market, natural and social context. In this regard,
lookouts, trails and buildings). Destination Tourism Plans have been prepared for each of Queensland’s 13 tourism
regions to address market identification and policy directions. These plans have
Application of this toolkit is most relevant during the concept formulation stage—a been developed based on extensive scoping work by the relevant Regional Tourism
critical time for advice on how proposals can be designed to reflect a good fit with Organisations and the state government.
policy direction, current legislation and government priorities.
You may also find the Next Generation Tourism Planning guide a useful resource.
Three tenure classes are addressed in the toolkit—freehold, non-protected The guide aims to help planners write plans or consider tourism proposals that
and protected areas (refer to ‘What is the approval process for ecotourism satisfy the Queensland Government’s State Planning Policy.
facilities?’ on p. 22). Each of these tenure classes have distinct features in

Who should use this toolkit? How should this toolkit be used?
This toolkit is valuable for small to medium-scale developers as it provides indicative The delivery of a new ecotourism product or the redevelopment of an existing facility
steps to deliver new ecotourism developments or redevelop an existing asset. For is an iterative process that involves progressive development and refinement of the
large-scale developers who typically engage with consultants, this toolkit provides a design. Not every section in this toolkit will apply to all proposals.
checklist of planning steps and government requirements.
This toolkit has been divided into the following sections:
This toolkit provides:
• What assistance is available?
• a high-level indicative ecotourism development process that covers key steps
• What are key steps in an ecotourism development process?
to formulate a new product or redevelop an existing asset—from market
identification, construction and operation through to decommissioning the • What is the approval process for ecotourism facilities?
infrastructure
A number of flowcharts have been prepared, according to land tenure type:
• indicative planning and regulatory approvals processes for small to medium-
scale ecotourism developments on different land tenures (e.g. freehold, ––freehold land
leasehold, unallocated state land, reserves, national and marine parks, and ––unallocated State Land
conservation parks)
––leasehold
• information about dealing with other related approvals and native title matters.
––reserves
Information about decision-making processes, timeframes, government and
––national parks and conservation parks
developer obligations, and proposal requirements will also be covered.
––state marine parks
––Declared Fish Habitat Areas
––Commonwealth marine parks.
• When do you need a Commercial Activity Permit?
• When do you need development approval?
• How should native title and Aboriginal and Torres Strait Islander cultural heritage
be addressed?
• What other approvals may be commonly required?
Camping at Lake Moogerah, June 2015.

Photo: Jason Charles Hill © TEQ

Atherton Tablelands, Tropical North Queensland, October 2015.
Photo: Paul Ewart © TEQ
What assistance is available?

Queensland’s tourism division
The Queensland Government adopts a highly facilitative approach to tourism
development, led by the Tourism Division within the Department of Tourism, Major
Events, Small Business and the Commonwealth Games (DTESB). Proponents
with questions about approval processes and project requirements related to
an ecotourism facility can contact the Tourism Division. This division provides
information to help facilitate and support potential developers with tourism projects,
and can give details about current investment opportunities. This support extends
to:
• Assisting investors of tourism products to navigate their way through
government and streamline the development process.
• Development and delivery of information to inform potential investors about
Queensland as a tourism investment destination.
• Global delivery of targeted tourism investment attraction initiatives to showcase
Queensland as a tourism investment destination and attract capital for tourism
developments.
The development of Queensland’s ecotourism products is facilitated by DTESB’s

Tourism Division and when proposed on protected land, is also facilitated by NPSR.
The proactive, facilitative approach of the Queensland Government towards tourism
investment means infrastructure support and opportunities to invest in the state are
celebrated and supported, providing a partnership approach for the future.

What are the key steps in an
ecotourism development process?
The development of an ecotourism product is an iterative process which involves Figure 1. Overview of the Ecotourism Development Process
the progressive development and refinement of a proposal based on the nature Note:
DTP – Destination Tourism Plan,
of the market and the values and sensitivities of a site. They require a high level of TOPS – Tourism Opportunity Plans
commitment to environmental and conservation values and their presentation by 1.
Market
developers and investors. An important early step is the selection of an appropriate Identification
(refer DTP and
site that showcases the natural and cultural values of the landscape setting, while TOPs) 2.
11. Develop an
ensuring its ongoing preservation; that is, the right ecotourism concept, at the right Decommission Ectotourism
Concept
site, run by the right operator.
Proposals for ecotourism facilities may require Commonwealth, state and/or local
government approvals depending on location, design and scale. The key steps in 3.
10. Site Selection and
developing and implementing an ecotourism product in Queensland are illustrated Operation Tenure
Investigations
in Figure 1 and identify how it is part of a process of researching, designing and
implementing a project. This toolkit is heavily focused on the documentation and
approval framework (step 8) applying to ecotourism facilities in Queensland.
Figure 2. Key Steps in the Ecotourism Development Process and the following
4.
sections provide detail about the ecotourism development process summarised in 9. Economic and
Construction Commercial
Figure 1. The process is presented step by step for ease of explanation; the steps do Viability
not always occur sequentially in the order shown, and so are indicative only. Some
steps prior to step 8, for example, may be best run concurrently, or at least can be
started prior to completion of an earlier step.
8. 5.
Documentation Stakeholder
and Approvals Consultation
6.
7.
Review of
Design of Regulatory and
Activities and
Accreditation
Facilities
Framework

Figure 2. Key Steps in the Ecotourism Development Process
1. Identify and analyse the market

Once an initial ecotourism idea or concept has been identified, the next step is to research market trends and demand for the
Description
specific ecotourism product. Market identification involves a detailed analysis of target users of the proposed ecotourism facility
and whether people will access a site/product to support a viable business. Preparation of an ecotourism concept should be
informed by an assessment of the domestic and international visitor market, followed by an assessment of the opportunities
presented by the natural and cultural environment.
Across Queensland, a suite of studies and plans have been prepared to identify key tourism and investment opportunities. These 1.
Market
Destination Tourism Plans (DTPs) have been developed by Queensland’s Regional Tourism Organisations in consultation with key
Identification
(refer DTP and
TOPs) 2.
11. Develop an
Decommission Ectotourism
industry stakeholders to reflect a shared tourism vision and direction for the destination. While they are not focussed solely on
Concept
ecotourism, they do provide an assessment of the key competitive strengths for the region. 10.
Operation
3.
Site Selection and
Tenure
Investigations
It is important to find a gap in the market and not replicate, but complement the existing products and experiences in the region.
4.
9. Economic and
Viability
Actions
• Consult with the Tourism Division at DTESB;

8. 5.
• Undertake Market Identification/Analysis;

7. 6.
Review of
Activities and Accreditation
• Identify target markets – refer to TEQ’s Big Marketing Guide:

Facilities
Framework
www.teq.queensland.com/Industry-Resources/How-To-Guides/Big-Marketing-Guide
• Determine access to transport hubs – domestic and international airports
• Consider whether the concept fills a product/demand gap in the region
• Review Destination Tourism Plans –
www.teq.queensland.com/en-IE/About-TEQ-New/Plans-and-Strategies/Destination-Tourism-Plans.

2. Refine the ecotourism concept
Ecotourism facilities are to maintain a nature-based focus, promote environmental awareness and carry out sustainable
Description
practices. The market analysis outlined in step 1 will guide the refining of the concept. Key considerations in refining the
ecotourism concept include further assessment of the potential attractions and activities to be provided and the identification 1.
Market
Identification
of options relating to accommodation, tourist facilities, activities and services, infrastructure and transportation. The nature 11.
Decommission
(refer DTP and
TOPs) 2.
Develop an
Ectotourism
Concept
and scale of ecotourism facilities may vary in scale from Eco Tents (basic semi-permanent structures with canvas walls); to
Glamping (luxurious semi-permanent tents), to Eco Cabins and Eco Lodges. Innovation in sustainable tourism product offerings 10.
Operation
3.
Site Selection and
Tenure
Investigations
should also be considered at the concept development stage as part of maintaining the product, and Queensland’s destination
competitiveness. 9.
4.
Economic and
Viability
The vision for the facility, including its key selling points and target markets, should be detailed as part of this step.
8. 5.
Actions
• Review local, national and international case studies to determine new trends in ecotourism 7.
Design of
Activities and
6.
Review of
Regulatory and
Facilities Accreditation
Framework
• Review the Best Practice Ecotourism Development Guidelines (NPSR, 2015 (b)) –
www.npsr.qld.gov.au/tourism/pdf/eoi-best-practice-ecotourism.pdf.
• Further refine Ecotourism Concept, considering the market analysis findings
• Consider undertaking market research concept testing amongst sample target users

3. Select the site and investigate tenure
Sites should be selected on the basis of the functional requirements of the project, market to be served, access, tenure certainty,
Description
planning approvals and infrastructure costs. The site selection process should also optimise considerations such as using
areas that are the least constrained in terms of significant natural and cultural values, while taking advantage of the intrinsically
attractive qualities of the setting. Site selection needs to confirm you are filling a gap in the market.
Selecting sites for ecotourism facilities should favour:
• areas which showcase the natural or cultural values of the setting
• areas supported by planning and policy settings (e.g. management plan or local government planning schemes)
• previously disturbed, developed or cleared areas to minimise impacts
• locations where access can be provided using existing infrastructure and transport networks 1.
Market
Identification
(refer DTP and
TOPs)
• lower value habitat as opposed to high value conservation areas

2.
11. Develop an
Concept
• locations where riparian zones can be avoided 10.

Operation
3.
Site Selection and
Tenure
Investigations
• locations where high risk hazard areas can be avoided (e.g. coastal inundation, bushfire, flooding and landslide).
4.
9. Economic and
Viability
Select a site that best meets project criteria and undertake land title and tenure searches:
Actions
• Assess site suitability – refer to the Best Practice Ecotourism Development Guidelines (NPSR, 2015 (b)): 8.
Documentation
and Approvals
5.
Stakeholder
Consultation
www.npsr.qld.gov.au/tourism/pdf/eoi-best-practice-ecotourism.pdf 7.
Design of
Activities and
6.
Review of
Regulatory and
Framework
• All tenures – review relevant local government planning scheme (and associated state planning layers):
www.dilgp.qld.gov.au/planning/local-government-planning-schemes.html
• Investigate whether referral is required under the Environment Protection and Biodiversity Conservation Act 1999
(Commonwealth) (EPBC Act) – www.environment.gov.au/heritage/management/referrals
• Investigate native title status (refer to ‘How should native title, Aboriginal cultural heritage and Torres Strait Islander
cultural heritage be addressed?’ on p. 48)
• Appoint required consultants (e.g. town planners/architect, economist)
• Undertake tenure searches – refer to Queensland Globe: www.data.qld.gov.au
• Undertake constraint mapping searches – refer to
spp.dsdip.esriaustraliaonline.com.au/geoviewer/map/da
• Undertake activities to secure access to land

4. Determine economic feasibility and commercial viability
A high-level economic feasibility assessment should be conducted to assess the concept for the site and its ability to deliver
Description
ongoing financial return. This high-level feasibility assessment will also assist in defining the ‘vision’ for the product. This
information will assist your project manager and town planner to understand what you want to achieve.
An economic and commercial assessment should include a calculation of the costs associated with:
• purchase/lease of land
• consultancy fees to design the development (e.g. architects) and to undertake studies to support the necessary applications
• development application and referral fees
1.
Market
• infrastructure costs (e.g. road access, water, energy, sewage treatment)

Identification
(refer DTP and
TOPs) 2.
11. Develop an
Concept
• cost of materials and labour to construct/fitout buildings 3.

Operation Tenure
• overall operating costs (e.g. staff, hotel operator, maintenance, infrastructure, insurance, food, waste and compliance with
Investigations
conditions). 4.
9. Economic and
These cost figures can be modelled against the projected operating returns, which is particularly important if the developer
Viability
intends to borrow money on the venture. 8.

Documentation
5.
Stakeholder
A project manager would be able to assist in undertaking the necessary economic feasibility assessments, preparing advice on 7.
Design of
6.
Review of
Regulatory and
the product – such as size and market positioning – and can assist with site acquisition, as well as a budget to attain the relevant
Facilities
Framework
approvals.
If the costs and projected returns are shown as sound following the feasibility assessment, then due diligence should be
undertaken to check planning or other provisions that may restrict the use of the land, prior to the purchase or lease of the site.
Actions
• Conduct high-level economic feasibility assessment

• Appoint a project manager
• Appoint a town planner (if not already appointed at step 3)

5. Consult stakeholders
Description
Stakeholder consultation is essential to understand opportunities that a site or concept may have in terms of linkages to other
parts of the tourism industry (e.g. industry development opportunities, possible jobs) and any community concerns that should
be addressed as part of refining the ecotourism concept. Key stakeholders are likely to be anyone that may be directly or indirectly 1.
impacted by the proposal, including adjoining land owners and traditional land owners.
Market
Identification
(refer DTP and
TOPs) 2.
11. Develop an
Concept
The town planner will work with you to identify and meet with the relevant authorities. It is recommended you attend these
meetings as well, so that you can understand the issues. These pre-lodgement meetings are essential to ensuring any application 10.
Operation
3.
Site Selection and
Tenure
Investigations
is properly prepared.
4.
9. Economic and
Viability
Once a site/s is selected:

Actions
8. 5.
• consult with key landholding agencies and decision makers

7. 6.
Review of
Activities and
• organise pre-lodgement meetings

Framework
• if the site/s is a protected area, undertake consultation with NPSR and refer to Ecotourism Facilities on National Parks
Implementation Framework (NPSR, 2015 (c)), Best Practice Ecotourism Development Guidelines (NPSR, 2015 (b)) and the
relevant National Park Management Plan. If the site is state land and of a non-protected area tenure class, undertake
consultation with the Department of Natural Resources and Mines (DNRM)
• for all sites, undertake consultation with Local Government and any other key stakeholders.

6. Review regulatory and accreditation framework
Regulatory framework
Description Determine whether approvals are required under:
Commonwealth:
• Environment Protection and Biodiversity Conservation Act 1999
• Great Barrier Reef Marine Park Act 1975
• Native Title Act 1993
• Foreign Investment Review Board Requirements.
State:
• Aboriginal Cultural Heritage Act 2003
• Environmental Protection Act 1994
• Fisheries Act 1994 1.
Market
Identification
(refer DTP and
TOPs) 2.
• Land Act 1994 11.

Decommission
Develop an
Ectotourism
Concept
• Marine Parks Act 2004 3.

Operation Tenure
Investigations
• Nature Conservation Act 1992

• Sustainable Planning Act 2009 (to be repealed in mid-2017 to align with commencement of the Planning Act 2016) 9.
4.
Economic and
Viability
• Torres Strait Islander Cultural Heritage Act 2003

• Vegetation Management Act (1999). 8.
Documentation
5.
Stakeholder
Local: 7. 6.
Review of
Facilities
Framework
Determine whether approvals are required under a local government planning scheme.
Accreditation requirements
Ecotourism certification provides an assurance that a certified product is backed by a commitment to best-practice ecological sustainability and the provision of
quality ecotourism experiences. NPSR requires mandatory ecotourism certification for ecotourism facilities and commercial tours in national parks.
Regulatory framework
Actions
• Review regulatory framework to determine whether approvals are required under relevant Commonwealth and State Acts, and local government planning
schemes. The town planner will advise on what regulations apply.
• Determine whether referral is required under the EPBC Act – www.environment.gov.au/heritage/management/referrals
• For all tenure types other than freehold contact Native Title Services – www.dnrm.qld.gov.au/our-department/contact-us/native-title-contacts
• Review the relevant local government planning scheme to check approvals required –
www.dilgp.qld.gov.au/planning/local-government-planning-schemes.html
Accreditation requirements
• Investigate ecotourism certification – www.npsr.qld.gov.au/tourism/ecotourism/index.html

7. Design activities and facilities
Ecotourism activities and facilities should be ecologically sustainable and provide for the preservation of the land’s natural condition and the
Description
protection of cultural values and resources. In protected areas, ecotourism facilities are required to be designed in accordance with the Best
Practice Ecotourism Development Guidelines (NPSR, 2015 (b)) and meet the policy framework detailed in the Ecotourism Facilities on National
Parks Implementation Framework (NPSR, 2015 (c)).
The Best Practice Ecotourism Development Guidelines can also be used for off-park ecotourism facilities to demonstrate a commitment to best
practice by the proponent. The best practice principles to be considered when designing ecotourism facilities include:
• energy – installation of photovoltaic cells rather than diesel generators for power generation
• water supply – rainwater harvesting, low flow devices and use of recycled water
• architectural design – buildings should be located and designed to optimise visitors’ experience of the setting, while integrating with the
1.
landscaped context. They should generally have colour palettes that respond to the colours of the surrounding landscapes to allow the Market
Identification
(refer DTP and
TOPs) 2.
buildings to blend and not stand out in their natural surroundings

11. Develop an
Concept
• landscaping – incorporate the use of local endemic species for site landscaping 10.
Operation
3.
Site Selection and
Tenure
Investigations
• wastewater treatment – sewage treatment should be capable of treating effluent to Class A or Class A+ quality standards
• waste management – a waste management plan should be prepared based on the hierarchy of ‘Avoidance, Reuse, Recycling and Disposal’ 9.
Construction
4.
Economic and
Commercial
Viability
• stormwater management – best practice stormwater and drainage design is critical to ensuring the natural hydrology is not adversely
impacted 8.
Documentation
and Approvals
5.
Stakeholder
Consultation
• construction materials - sustainable construction materials should be used where possible 7. 6.

Review of
Facilities
Framework
• access – access should, where possible, follow existing dedicated roads and/or cleared trails/roads.
Ecotourism activities located on protected areas will require a Commercial Activity Permit or other authority under the relevant legislation.
Architect services would be required for the buildings and an engineering company that specialises in environmentally sustainable principles for
the various services.
Engage services of an architect and/or tourism development, planning or environmental consultant to design activities and facilities in
Actions
accordance with:
• Best Practice Ecotourism Development Guidelines – www.npsr.qld.gov.au/tourism/pdf/eoi-best-practice-ecotourism.pdf
• Ecotourism Facilities on National Parks Implementation Framework –
www.npsr.qld.gov.au/tourism/pdf/ecofacilities-framework.pdf
• Accreditation requirements for Ecotourism Operations

8. Prepare documentation and obtain approvals (more detail in section 6)
Description
Based on the legislative and policy framework applying to the site at the time of application, a proponent should undertake all
necessary studies, and prepare and submit relevant applications to obtaining owner’s consent. On state government managed 1.
Market
Identification
land, proponents may need to address statutory native title requirements before a lease can be granted. The processes for
(refer DTP and
TOPs) 2.
11. Develop an
Concept
obtaining owner’s consent and leases are outlined in flowcharts included in the ‘What is the approval process for ecotourism
facilities?’ on p. 22. As part of obtaining a lease and subsequent to obtaining owner’s consent (and addressing native title), the 10.
Operation
3.
Site Selection and
Tenure
Investigations
proponent will need to prepare and submit relevant applications to the Commonwealth, state and/or local government to obtain the
development and finalise tenure approvals. 9.
4.
Economic and
Viability
8. 5.
Actions
• Undertake required studies to support application/s, including resolution of native title (e.g. through an Indigenous Land Use
7. 6.
Agreement)
Review of
Facilities
Framework
• Refer to the following sections for information regarding the application and approvals framework - ‘‘What is the approval
process for ecotourism facilities?’ on p. 22 and ‘When do you need development approval?’ on p. 45
• Negotiate and resolve Decision Notices, lease terms and other authorities
• Engage a town planner to assist with the preparation and coordination of submissions to all relevant agencies.

9. Undertake construction
Description
Construction activities must be undertaken in accordance with any lease or development approval conditions. A Construction
1.
Market
Identification
(refer DTP and
TOPs) 2.
Environmental Management Plan will be required and a Cultural Heritage Management Plan may also be needed. The Construction
11. Develop an
Concept
Environmental Management Plan should detail construction management methodology; site management; roles of sub- 10.
3.
Site Selection and
contractors; timing, and completion dates.

Operation Tenure
Investigations
4.
9. Economic and
Viability
8. 5.
Actions
• Implement Cultural Heritage Management Plan (if required) – www.datsip.qld.gov.au/people-communities/aboriginal- 7. 6.

Review of
Facilities
Framework
and-torres-strait-islander-cultural-heritage/cultural-heritage-management-plans
• Implement Construction Environmental Management Plan
• Construction activities should occur in accordance with the conditions of the approval/s.

10. Commence operation
Operation of the ecotourism facility needs to be undertaken in accordance with any lease or development approval conditions such
Description
as an Environmental Management Plan which should also address any monitoring requirements. The Best Practice Ecotourism
Development Guidelines considered in earlier stages provide guidance on the best ecotourism practices to include in operation of 1.
Market
an ecotourism facility.
Identification
(refer DTP and
TOPs) 2.
11. Develop an
Concept
Consideration should be given at feasibility stage on who is going to operate the facility (e.g. the developer, a third party, branded 3.
hotel operator). If a third party is to be engaged to operate the facility, then appropriate arrangements would need to be negotiated.
Operation Tenure
Investigations
If the developer engaged a branded hotel operator, the earlier they are identified and a management agreement secured, the
sooner they can provide input into the design of the product to ensure operational efficiencies and that it conforms to the 9.
Construction
4.
Economic and
Commercial
requirements of the brand.

Viability
8. 5.
Actions
7. 6.
Review of
Facilities
Framework
• Comply with any relevant lease or development approval conditions

• Liaise with third-party, branded hotel operator (if required)
• Obtain ecotourism certification.

11. Decommission
Description
1.
Market
Depending on the nature and location of the ecotourism facility, proponents may also be required to prepare a Decommissioning
Identification
(refer DTP and
TOPs) 2.
11. Develop an
Management Plan or Restoration Plan (e.g. where on national park land). Together with appropriate financial securities, this
Concept
will ensure that any eventual rehabilitation of the site leaves no trace of negative impacts to ecosystems, biodiversity and 10.
Operation
3.
Site Selection and
Tenure
Investigations
water resources.
4.
9. Economic and
Viability
8. 5.
Actions
7. 6.
Review of
Facilities
Framework
• Comply with any relevant lease or development approval conditions to restore the site.

What is the approval process
for ecotourism facilities?
Introduction Figure 3. The different classes of land tenure.
One of the most important factors that affects approval processes is land tenure.
The following sections provide indicative flowcharts of the key steps in the approval
Freehold
processes required to develop ecotourism facilities on freehold, non-protected and
Freehold
protected areas across Queensland (refer to Figure 3). This section should be read in
conjunction with ‘What other approvals may commonly be required?’ on
p. 50, which outlines other approval processes that may be relevant to a
proposal. The tenure of a property can be determined by undertaking a title search.
Non-Protected
The approvals process flowcharts on the following pages indicate standard steps
Tenure Class
applicable to ecotourism proposals and in some instances case studies are provided. Leasehold Reserves
Areas
Unallocated
It is not unusual for ecotourism projects to straddle a number of different tenures; in State Land (Land Act (Land Act
1994) 1994)
such scenarios, more than one flowchart will need to be reviewed.
Note: The flowcharts indicate standard steps likely to apply to ecotourism

proposals at the time of publication. Depending on the nature of the
proposals, some additional or fewer steps may be required and as such, National
Protected
relevant authorities should be consulted to confirm and/or provide more State Declared
and
Areas
Commonwealth
Fish Habitat
detailed information on key requirements. Conservation Marine Parks Marine Parks
Areas
Parks

Freehold land
Definition
Freehold land refers to the outright ownership of land with no limitation on the
period of ownership. It is recorded in the freehold land register under the Land Title
Act 1994 and is not state land nor leased from the Queensland Government. Freehold
land tenure provides more investment certainty for landholders than other land
tenures as it is not subject to native title considerations.
Indicative approval process
The approval process for ecotourism facilities on freehold land is summarised in

‘Flowchart 1. Freehold land’ (p. 25). The process is potentially more streamlined
as issues concerning native title do not need to be addressed on freehold land.
The assessment process is determined by the Sustainable Planning Act 2009,
with a local government planning scheme prescribing ‘levels of assessment’ and
‘applicable codes’. This process is subject to change pending the commencement of
the Planning Act in 2017.
Case study
A case study on how to establish an ecotourism facility on freehold land is provided.
Capricorn Caves, May 2012.

Photo: © TEQ

Freehold land case study: Nightfall Wilderness Camp
Nightfall Wilderness Camp is located in the Gold Coast Hinterland. The site has
an area of 105 hectares and is located on freehold land adjacent to Lamington
National Park. As the site is located on freehold land, native title did not need to be
investigated or addressed. Under the former planning scheme, the site was zoned
rural and included in the countryside precinct. An application for ‘material change
of use’ for tourist cabins (tourist facility) was made to Scenic Rim Regional Council.
The application was supported by flora and fauna assessments and a bushfire
hazard assessment. Due to the environmentally sensitive location of the site, the
development footprint was selected on the basis of it being previously cleared/
disturbed and the proponent demonstrated their dedication to best practice by
voluntarily applying NPSR’s Best Practice Ecotourism Development Guidelines
during the design phase. The application also required referral to the state regarding
vegetation management issues. The application was approved by the Council and
the former Department of Environment and Resource Management in 2012, subject
to conditions. The conditions addressed infrastructure provisions, natural hazard
management (flooding and bushfire), car parking and access, water and wastewater,
earthworks and vegetation management.
The ecotourism facility provides luxury glamping facilities for six guests at any one
time in custom-designed safari tents that are approximately 62m2 in size. Each tent
has a micro-camp kitchen and a barbecue. The development has been designed to
be carbon-neutral with electricity generated by a grid connect solar power system. It
also has onsite wastewater treatment and waste minimisation strategies that include
composting.
Nightfall Wilderness Camp’s conservation program also seeks to restore damaged

parts of the site and includes programs to monitor Christmas Creek and the glossy
black cockatoo population. Activities offered include swimming, birdwatching
and bushwalking. It has been designed to meet Ecotourism Australia’s advanced
ecotourism certification.
Nightfall Wilderness Camp, Gold Coast, June 2015.

Photo: © Heidi Ross

1. Freehold land What is the approval process for ecotourism facilities on freehold land?
Stage 1 – Site selection Stage 3 –
Decision notice (if approved

and ecotourism concept Stage 2 – Assessment process under the Sustainable Planning Act 2009 Construction and Stage 4 – Operation
undertake stage 3 and 4)

formulation commissioning
Pre-lodgement
meeting
with local
government
Identify site,
Lodge
ecotourism concept,
development
design and planning
application
framework
and fees
Prepare forms and

supporting reports
Check level of Application

assessment in the stage Decision
planning scheme (zone/ Information and notice
local plan/overlays) referral (approval or
Obtain Owner’s Consent Decision refusal)
Notification
Determine whether other
Site works
(only if level of
approvals are required by assessment is impact
referring to page 50 of
assessable) Ecotourism
this toolkit
certification
Planning framework: If a material change Assessment Assessment Only undertake Review conditions Undertake site Obtain Ecotourism
• Local Government of use application is manager (eg. manager may issue public notification to determine works in accordance certification
Planning Scheme required (code/impact) local government) an information if impact that they are with conditions of
undertake an assessment issues request. assessable reasonable and approval
Design requirements: against codes and state acknowledgement relevant within 20
planning policy (if not Referral may also
• Ecotourism notice business days
reflected in the planning be required to the
certification
scheme). state via SARA
• State Government
(refer to SPP mapping Complete relevant
if not reflected in IDAS Forms, eg. 1 –
planning scheme) Application Detail and
IDAS form 5

Non-protected areas
Unallocated State land Leasehold
Definition Definition
Unallocated State land is defined by the Land Act 1994 (Schedule 6) as all land that Under the Land Act 1994 leases may be term leases, perpetual leases or a
is not: freeholding lease. Term leases are issued for terms of one to 100 years. These
leases expire at the end of the last day of the lease term and the leaseholder loses
(a) freehold land, or land contracted to be granted in fee simple by the State; or possession of the land. Any improvements on the land become the property of
the State, unless otherwise specified in the conditions of the lease. Landholders
(b) a road or a reserve, or a national park, conservation park, State forest or timber can apply to renew their lease prior to the expiry date. Perpetual leases are held
reserve; or by the leaseholder in perpetuity and issued for a specific purpose (e.g. agricultural
(c) subject to a lease, licence or permit issued by or for the State, other than a or commercial). Freeholding leases are issued when a landholder of a grazing
permit to occupy under this Act issued by the chief executive. homestead perpetual lease, special lease or a non-competitive lease elects to pay
the purchase price for their lease in instalments over a number of years. On receipt
Where State land is not required for public purposes, either now or in the future, the of the final instalment, the lease is converted to freehold (Queensland Government,
land can be offered to the public in a number of ways; for example, by offer, auction, 2016). Development and use of a site is to comply with the conditions associated
tender or ballot. with the lease. Leasehold land may only be used for the allocated purpose.
Indicative approval process Indicative approval process
The process for obtaining approval to establish an ecotourism facility on unallocated The process for obtaining approval to establish an ecotourism facility on leasehold
State land includes the need for a ‘most appropriate use assessment’ and native land is summarised in Flowchart 3. It is broken into two key sections; the first
title issues also need to be addressed. A summary of the key steps in the process being the process necessary to obtain owner’s consent ‘Flowchart 3a. Leasehold
is included in Flowchart 2, being the process necessary to obtain owner’s consent – tenure and owner’s consent’ (p. 29) and second is the development
‘Flowchart 2a. Unallocated state land – tenure and owner’s consent’ (p. 27) assessment process ‘Flowchart 3b. Leasehold – development assessment’
and the development assessment process ‘Flowchart 2b. Unallocated state land – (p. 30).
development assessment’ (p. 28).
Unallocated state land west of Innisfail, August 2016.

Photo: Robert Hassett © DNRM

2a. Unallocated state land – tenure and owner’s consent What is the approval process for ecotourism facilities on unallocated state land
(tenure and owner’s consent)?
for Natural Resources and Mines

Governor in Council or Minister
Stage 1 – Application Stage 2 – Assessment by Department of Natural Resources and Mines (DNRM)
grants the new tenure

Pre-lodgement
meeting with
DNRM Submit forms
Review and fees
application If successful DNRM
requirements DNRM undertake issues a written
most appropriate use offer setting out the If agree with written offer
assessment various conditions and including conditions,
requirements complete acceptance
form and return by
specified date or
DNRM application will lapse
assessment DNRM written
Determine whether other DNRM will assess
DNRM
approvals are required priority for most stakeholder offer
by referring to following appropriate use of site consultation
page and checking page Submit
DNRM
50 of this toolkit acceptance
evaluation
form
DNRM undertake Evaluation

native title
assessment
Conditions
satisfied
Other
approvals
DNRM determines
whether an Indigenous
Land Use Agreement
(ILUA) may be required.
Review: • Eligibility Evaluation and assessment of application by DNRM in accordance Once conditions of Determine whether
• Form LA00 – Assessment with the Land Act 1994 . Criteria for assessment: offer are satisfied, other approvals
Contact and Land • Native title – an • evaluation of most appropriate use tenure is submitted are required (e.g.
Details Indigenous Land by DNRM to the development
• evaluation of most appropriate tenure type (e.g. permit to occupy, approval), and if so
• Form LA10 – Use Agreement Governor in Council
leasehold, perpetual lease, freehold) refer to following
Application to (ILUA) may be or Minister for
• evaluation of most appropriate management. approval page
purchase or lease required (Refer
state land to Appendix C for
• Criteria and method flowchart.)
for disposal of
unallocated state
land
• Forms available
here

2b. Unallocated state land – development assessment What is the approval process for ecotourism facilities on unallocated state land
(development assessment)?
Stage 3 – Check local Stage 5 –

Stage 6 –
government planning Stage 4 – Assessment process under the Sustainable Planning Act 2009 Construction and

Operation
undertake Stage 5 and 6)

framework commissioning
Pre-lodgement
meeting with
council Lodge
Development
Analyse planning application
framework Prepare forms and fees
and supporting
reports (including
demonstration of
Owner’s Consent
from DNRM)
Application stage
Check level of
assessment in the Decision
planning scheme (zone/ Information and
referral
notice
local plan/overlays).
(approval or
Notification (impact) refusal)

Decision
approvals are required by
referring to page 50
of this toolkit
Site works
Ecotourism
certification
Planning framework: • If a material change Local government Assessment Only undertake Review conditions Undertake site Obtain Ecotourism
• Local Government of use application issues Manager may issue public notification to determine that works in accordance certification
Planning Scheme is required (code/ acknowledgement an information if impact they are reasonable with conditions of
impact) undertake an Notice request. assessable and relevant within approval.
Design requirements assessment against 20 business days.
Referral may also
• Ecotourism codes and State
be required to
certification planning policy (if
state concurrence
not reflected in the
agency.
planning scheme).
• Complete IDAS Form
1 – Application Detail
and IDAS Form 5.

3a. Leasehold – tenure and owner’s consent What is the approval process for ecotourism facilities on leasehold land
(tenure and owner’s consent)?

Stage 1 – Application Stage 2 – Assessment by Department of Natural Resources and Mines (DNRM)

Pre-lodgement
meeting with
DNRM Submit forms
Review and fees If successful, DNRM
application DNRM issues a written
requirements undertake offer setting out the
eligibility and various conditions and
requirements If applicant agrees –
assessment to hold
complete acceptance
land form and return by
specified date or
DNRM DNRM application will lapse
assessment written
DNRM
Determine whether other offer
approvals are required stakeholder
DNRM Undertake consultation
by referring to following Submit
page and checking page native title DNRM
Assessment acceptance
50 of this toolkit evaluation
form
Evaluation
DNRM determines Conditions

whether an Indigenous satisfied
Land Use Agreement Other
(ILUA) may be required. approvals
Review:
• Form LA00 –
Contact and land
details
• Form LA10 –
Application to • Eligibility Evaluation and Assessment of application by DNRM in accordance Once conditions of Determine whether
purchase or lease Assessment with the Land Act 1994 . Criteria for assessment: offer are satisfied, other approvals
state land • Native title – an • evaluation of most appropriate use tenure is submitted are required (e.g.
• Form LA13 − Change Indigenous Land by DNRM to the development
• evaluation of most appropriate tenure type (e.g. Permit to occupy,
of purpose of a Use Agreement Governor in Council approval), and if so
leasehold, perpetual lease, freehold)
lease/or conditions (ILUA) may be or Minister for refer to following
of a lease, licence required (Refer • evaluation of most appropriate management. approval page
or permit to occupy to Appendix C for
• Criteria and method flowchart.)
for disposal of
unallocated state
land
• Forms available
here

3b. Leasehold – development assessment What is the approval process for ecotourism facilities on leasehold land
Stage 3 – Check local Stage 5 -

Stage 6 -

Operation

Pre-lodgement
meeting with
council Lodge
Identify site, development
ecotourism concept, application
design and planning Prepare forms and fees
framework and supporting
reports (including
demonstration of
owner’s consent from
DNRM)
Application stage
Check level of
referral
notice
(approval or

Decision
of this toolkit
Site works
Ecotourism
certification
• Local Government of use application issues manager may issue public notification to determine that works in accordance certification
impact) undertake an notice request. assessable and relevant within approval.
Referral may also
• Ecotourism codes and state
be required to
state concurrence
agency
planning scheme).
and IDAS Form 5.

Carnarvon Gorge National Park, June 2015.
Photo: Blink Photography © TEQ
Reserves
Definition
Under the Land Act 1994 over 27 000 parcels of land have been set aside for a
particular public or community purpose. These are either reserves or deeds of grant
in trust and are collectively referred to as ‘trust land’. ‘Community purposes’ may
include cemeteries, open spaces, parks and gardens (refer to Schedule 1 of the Land
Act 1994 for Community purposes definition). Day-to-day management of a reserve is
generally the responsibility of the trustee. The trustee is often the local government,
but can also be groups such as a showground trust or an incorporated sporting
association (Queensland Government, 2016(b)). Reserves may only be used for the
allocated purpose.
If a proposal is not consistent with the purposes of the reserve it may have to satisfy
other requirements under the Land Act 1994. Any development of state land may
also require resource entitlement consent from the Department of Natural Resources
and Mines (DNRM). The process for obtaining approval to establish an ecotourism
facility on a reserve is summarised in Flowchart 4. It is broken into two key
sections; the first being the process necessary to obtain owner’s consent ‘Flowchart
4a. Reserves – tenure and owner’s consent’ (p. 32) and if required, the
development assessment process ‘Flowchart 4b. Reserves – development
assessment’ (p. 33).

4a. Reserves – tenure and owner’s consent What is the approval process for ecotourism facilities on reserves
(land tenure and owner’s consent)?

Stage 1 –
Stage 2 – Assessment by Department of Natural Resources and Mines (DNRM)
Application

Pre-lodgement
meeting with Submit forms
DNRM and fees
Review
application DNRM
If successful DNRM
requirements undertake most issues a written
appropriate use offer setting out the If agree with written offer
assessment to various conditions and including conditions,
hold land requirements complete acceptance
form and return by
specified date or
DNRM application will lapse
assessment DNRM written
Determine whether other DNRM consult DNRM
stakeholder offer
approvals are required with the trustee of
by referring to following the reserve consultation Submit
page and checking page DNRM
50 of this toolkit acceptance
evaluation
form
DNRM undertake Evaluation

Use must be consistent native title
with the purpose of assessment
the reserve and the Conditions
exclusivity satisfied
Other
approvals
DNRM determines
whether an Indigenous
Land Use Agreement
Review:
(ILUA) may be required.
• Form LA00 –
Contact and land
details • Eligibility Evaluation and Assessment of application by DNRM in accordance Once conditions of Determine whether
• Form LA10 – Assessment with the Land Act 1994 . Criteria for assessment: offer are satisfied, other approvals
Application to • Native title – an • evaluation of most appropriate use tenure is submitted are required (e.g.
purchase or lease Indigenous Land by DNRM to the development
• evaluation of most appropriate tenure type (e.g. permit to
state land Use Agreement Governor in Council approval), and if so
occupy, leasehold, perpetual lease, freehold)
(ILUA) may be or Minister for refer to following
• Form LA27 − • evaluation of most appropriate management.
required (Refer approval page
Trustee lease
to Appendix C for Commercial nature of the proposal would need to be evaluated if
• Criteria and method
flowchart.) the reserve is for a public purpose
for disposal of
unallocated state
land
• Forms available
here

4b. Reserves – development assessment What is the approval process for ecotourism facilities on reserves
Stage 3 – Check local Stage 5 –

Stage 6 –

Operation

Pre-lodgement
meeting with
council Lodge
Identify site, development
ecotourism concept, application
design and planning Prepare forms and fees
framework and supporting
reports (including
demonstration of
owner’s consent from
DNRM)
Application stage
Check level of
referral
notice
(approval or

Decision
of this toolkit
Site works
Ecotourism
certification
• Local Government of use application issues manager may issue public notification to determine that works in accordance certification
impact) undertake an notice request. assessable and relevant within approval.
Referral may also
• Ecotourism codes and State
be required to
state concurrence
agency.
planning scheme).
and IDAS Form 5.

Lake McKenzie, Fraser Island, December 2015.
Photo: Aaron Spence © TEQ Protected areas
National parks and conservation parks

Definition
National parks and conservation parks are dedicated under the Nature Conservation
Act 1992 (NC Act 1992) and are Queensland’s highest value conservation areas.
The primary purpose of these areas is the permanent preservation and/or
conservation of the land’s natural and cultural values. However, where appropriate
and ecologically sustainable, secondary uses such as nature-based recreation and
ecotourism may be undertaken.
The scope of assessment of ecotourism facilities on protected areas will vary with
the nature, scale and location of each proposed ecotourism facility. Moderate
scale proposals, or those in environmentally or culturally significant locations, will
generally require an Environmental Impact Statement (EIS) to be developed. Small-
scale proposals may be more appropriately dealt with by a simpler environmental
risk assessment. Similarly, subsequent environmental management plans and
auditing obligations will vary, depending on the nature and scale of ecotourism
facilities. Under the provisions of the NC Act 1992, before an approved ecotourism
facility can be authorised through the granting of a lease or other authority, the use
must be prescribed by regulation as a permitted use for the land. NPSR will arrange
the required form of regulatory impact assessment and drafting of regulations for
this authorisation to occur, once all requisite approvals are obtained.
The indicative process for obtaining approval to establish an ecotourism facility in

national and conservation parks is summarised in Flowchart 5/6, noting that native
title assessments are part of the overall approval process.
Case study
The following is a hypothetical case study on how to establish an ecotourism facility

on national park land.

Daintree National Park, October 2011.
Photo: Brad Newton © TEQ
Case study: ecolodge on national NPSR required that the accommodation be certified under an NPSR-endorsed
ecotourism certification scheme and the proponent was required to obtain a
park land (hypothetical) Commercial Activity Permit for activities on national park land. A rental return to
the state that reflected the nature and scale of the facility, risk profile and return
Rainforest Ecolodge Pty Ltd has established a small scale accommodation facility on investment for the proponent was negotiated during the conditions precedent
on previously disturbed and developed national park land. In selecting a potential stage. Additionally, during the approvals scoping phase, the proponent discovered
site for the ecotourism facility the proponent consulted with the Department of that under the local government planning scheme the development proposed was
National Parks, Sport and Recreation (NPSR) who encouraged the proponent to considered ‘code assessable’ and an approval was required from the local council.
investigate the potential to redevelop a former car park site (brownfield site), which Due to the use of the wastewater storage tanks for black and grey water, other
was previously disturbed and had existing road access infrastructure. This aligns approvals were not required under the Environmental Protection Act 1994.
with NPSR’s Ecotourism Facilities on National Parks Implementation Framework
(the Framework), which states that where available preference should be given to The ecotourism facility established by Rainforest Ecolodge provides accommodation
previously disturbed sites within national parks. for a maximum of 20 guests and – in line with NPSR’s Best Practice Ecotourism
Development Guidelines – has been designed and constructed to blend in with
Rainforest Ecolodge went through a two-stage process with NPSR to obtain an the surrounding landscape through the use of light-weight podium structures and
operating lease for the development (refer to ‘Flowchart 5/6. National and colours drawn from the surrounding environment. The ecolodge relies on solar cells
conservation parks’ (p. 36)). Prior to submitting a stage one application, for power generation and uses rainwater harvesting for water supply. All black and
the proponent attended a pre-lodgement meeting with NPSR who reminded the grey water wastes are removed offsite and taken to a facility licensed to receive these
proponent that, as stated in the Framework, they would need to establish the wastes. The ecolodge also provides activities for guests including wildlife experience
native title status of the proposed site and undertake negotiations if an Indigenous lectures and guided rainforest walks. Accurate interpretation provided by staff helps
Land Use Agreement (ILUA) is required. The proponent discovered that native title guests to better understand and appreciate the natural and cultural values of the site.
had been extinguished over the area and therefore an ILUA was not required, but As agreed during the assessment and negotiation phase of the project, Rainforest
the proponent still ensured that traditional owners were consulted appropriately Ecolodge provides a contribution to park management and improves the visitor
throughout the various stages of the project. experience by undertaking trail care and assisting NPSR with weed control programs.
Guests are provided with information on the proponent’s in-kind contributions to park
management and are encouraged to minimise water and electricity use.

5/6. National and conservation parks What is the approval process for ecotourism facilities in national parks and conservation parks?
Source: adapted from NPSR, 2015.
Construction and
Regulatory amendment
Stage 1 Stage 2 Operation
commissioning
Decommissioning and
rehabilitation
Pre-lodgement Meeting
with Department of
National Parks, Sport and
Racing (NPSR)
Submit form Launch
Department and Determine need
meeting held applicant execute for development
Prepare stage 1 with NPSR agreement approval under a
application to enter into planning scheme
Concept non-binding
discussions and
evaluation by NPSR negotiations
Upon satisfaction of conditions
Concept precedent, including all
evaluation by approvals, recommendation to
NPSR Chief Executive of NPSR made to
NPSR
Check level of support regulation amendment
evaluates
assessment in the detailed proposal
planning scheme (zone/ and negotiates with
local plan/overlays). proponent Other
approvals Ecotourism
Undertake Obtain
scoping accreditation
other
native title
approvals eg.
assessment development
Determine whether other approvals) Agreement to works
lease
of this toolkit
Operating lease
Conditions
precedent
Investigate native title Evaluation and assessment Access consent Owners consent Determine whether Conditions Once the regulatory The satisfactory Decommissioning
implications of stage 1 ecotourism facility granted granted to enable other approvals precedent agreed amendment completion of the management plan
application led by DNPSR (conditional) to applicant to obtain are required by with NPSR. is passed, the works will trigger or restoration plan
Refer to: enable initial on- initial approvals. referring to page agreement to works the grant of an to be implemented,
• Best Practice Indicative criteria for site investigations discussions with 50 of this lease will be entered operational lease. if required.
Ecotourism assessment: and design relevant agencies toolkit. It is likely into allowing works
Development Guidelines • proponent’s concept for that planning to commence.
• Probity Guidelines the site approval would
• Ecotourism Facilities • proponent’s experience be required (refer
on National Parks • native title assessments Appendix E), and
Implementation negotiate ILUA if
• funding capacity applicable
Framework
• commercial viability
• Tender Guidelines
• Available at Allow up to 12 weeks
www.npsr.qld.gov.au

State marine parks
Definition
Queensland has three marine parks dedicated under the Marine Parks Act 2004 ,
namely the Great Barrier Reef Coast Marine Park, Great Sandy Marine Park and
Moreton Bay Marine Park. These marine parks have been established over
tidal lands and waters to protect and conserve the values of the natural marine
environment (e.g. mangroves, seagrass beds, mudflats, beaches and fringing reefs),
while allowing for its sustainable use. State marine parks extend from the highest
astronomical tide across intertidal areas and offshore to the extent of state coastal
waters. As the marine parks do not extend over land or past highest astronomical
tide, requirements under this section only apply to approvals for jetties, pontoons,
tourist programs and vessel charter operations or other regulated activities (refer to
the relevant zoning plan) in these areas.
The process for obtaining approval to establish an ecotourism facility or activity

(e.g. diving, charter, tourist program or works) in a state marine park is summarised
in ‘Flowchart 7. State marine parks’ (p. 38). Developments such as jetties or
pontoons may also require approval under other legislation in effect at the time of
the application such as the Fisheries Act 1994 , Sustainable Planning Act 2009 and
approval for prescribed tidal works under the Coastal Protection and Management
Act 1995.
Lady Musgrave Island near Gladstone, November 2015.

Photo: Rob Richardson © TEQ

7. State marine parks What is the approval process for ecotourism facilities in State Marine Parks?
Source: adapted Marine Park Management Information Sheet
Stage 3 – Operation
Stage 1 – Application Stage 2 – Assessment by Department of National Parks, Sport and Racing (NPSR)
(if approved)
Pre-lodgement
meeting with Submit forms
NPSR and fees Determine
whether other
approvals are
Prepare application required by
for visitor management referring to
page 50 of If approved
this toolkit a permit will
Native title be granted.
notification If refused the
Public applicant has
notification appeal rights.
may be required if
significant impact
NPSR undertake
evaluation
Operating in
accordance with
marine park permit
conditions
Check marine Prepare an activity NPSR undertakes Only undertake Application will be assessed against a Applicant
park zoning plans statement to accompany notification public range of matters required by the relevant to comply
which describe application form. to native title notification if legislation including: with marine
unrestricted and holders or directed to do so • potential impact on the environment and park permit
prohibited uses, plus Applications must claimants the marine park conditions.
those that require contain enough
• objectives set out in the zoning plan Note: Public
permission. information to adequately
assess the impact of the • written submissions in response to liability insurance
Determine proposed activity on public consultation will be required.
ecotourism the marine park against • approvals by the Commonwealth
certification the assessment criteria
requirements • native title
contained in the Marine
Parks Regulation 2006 Obtain approvals from other state agencies
(e.g. sea bed lease from DNRM)

Declared fish habitat areas
Definition
Queensland has 70 declared Fish Habitat Areas (FHAs) (at time of publication) that
protect more than 1.1 million hectares of high-quality fish habitats (NPSR, 2016
(b)). The declared FHA network provides long-term protection for fish habitats that
are essential to sustaining our fisheries. FHAs are areas protected from physical
disturbance associated with coastal development and declared under Queensland’s
Fisheries Act 1994. All habitat types (e.g. vegetation, sand bars and rocky headlands)
within a declared FHA are equally protected from direct physical disturbance
and coastal development. Day to day use including legal fishing and boating is
unaffected.
Declared FHAs, or parts of declared FHAs, are assigned a management level - either
‘A’ for very strict management, or ‘B’, where existing or planned use requires a more
flexible management approach. All development requires authorisation before
activities start in a declared FHA. A resource allocation authority (RAA) issued
under the Fisheries Act 1994 is required, as well as a development approval under
the Sustainable Planning Act 2009. An RAA may only be issued for a prescribed
development purpose listed in the Fisheries Regulation 2008. The process for
obtaining approval in a declared FHA is summarised in ‘Flowchart 8. Declared Fish
Habitat Areas’ (p. 40).
Corio Bay declared FHA, central Queensland.

Photo: © Queensland Government

8. Declared Fish Habitat Areas What is the approvals process for ecotourism facilities in declared fish habitat areas?
Source: adapted from NPSR operational policy Management of declared Fish Habitat Areas
Decision notice (if

Stage 2 – Assessment by Department of Agriculture and Fisheries Stage 3 – Operation
Stage 1 – Application approved undertake
(DAF) (on behalf of NPSR) (if approved)
Stage 3)
Pre-lodgement
meeting with Lodge
DAF development
application
and fees
Prepare
application for
resource allocation
authority (RAA) Submit forms
and fees
Native title Decision

notification notice
(approval or
Evaluation refusal)
If approved,
an RAA will be
granted. If refused, the
applicant has appeal
rights. Development
works conducted in
accordance with RAA.
NPSR undertakes Application will be assessed against a

Determine if the Applications must Applicant to
notification range of matters as outlined in NPSR
proposed development contain enough comply with RAA
to native title operational policy Management of
is for a prescribed information to adequately conditions.
holders or declared Fish Habitat Areas.
development purpose assess the impact of the
claimants
under the Fisheries proposed facility on the Development approval for works in
Regulation 2008. declared Fish Habitat a declared Fish Habitat Areas under
Areas. the Sustainable Planning Act 2009
(see section 8.1) will also need to be
obtained before development can
proceed.

Commonwealth marine parks
Definition
The Great Barrier Reef Marine Park Act 1975 and its associated regulations seek
to protect and conserve the environmental, biodiversity and heritage values of
the Great Barrier Reef region, while supporting recreation, economic and cultural
activities within the Marine Park. The Great Barrier Reef Marine Park extends
seaward from low water mark, with activities regulated by the Great Barrier Reef
Marine Park Authority (GBRMPA).
All proposals for development within or partly within the Great Barrier Reef Marine
Park must obtain a permit from GBRMPA before any work can commence. The
process for obtaining approval to establish an ecotourism facility in the Great Barrier
Reef Marine Park is summarised in ‘Flowchart 9. Commonwealth marine parks’
(p. 43). The Great Barrier Reef Marine Park and Great Barrier Reef World Heritage
Area are Matters of National Environmental Significance under the EPBC Act (1999).
An action within these areas will also require EPBC Act approval if the action has,
will have, or is likely to have a significant impact on the environment. The Matters of
National Environmental Significance, Significant impact guidelines 1.1 Environment
Protection and Biodiversity Conservation Act 1999 provides further information on
this issue.
Case study
The following is a hypothetical case study on how to establish an ecotourism facility

in the Great Barrier Reef Marine Park.
SS Yongala shipwreck near Townsville, May 2015.

Photo: Achim Wetz © TEQ

Great Barrier Reef, May 2015.
Photo: Achim Wetz © TEQ
Case Study: Great Barrier Reef Marine Park

floating pontoon (hypothetical)
Invest Sea Pty Ltd has proposed a floating pontoon to accommodate maxiboats
within the Great Barrier Reef World Heritage Area as part of their scuba diving
operations. Pontoons on the outer reef that the maxi-boats visit are privately owned
and administered under the Great Barrier Reef Marine Park Act 1975 (Cwth). To
identify potentially suitable sites for the pontoon, Invest Sea reviewed the Cairns
Area Plan of Management (CAPOM). The Cairns Area Plan of Management provides
the basis for allocating tourism permissions, including moorings and pontoons. It
also provides restrictions on the types of activities that can be conducted at specific
locations and limits the number of moorings and pontoons located at each reef.
Invest Sea identified a site on a reef that still had capacity. They then developed an
ecotourism concept for consultation with the Great Barrier Reef Marine Park Authority
(GBRMPA). The concept detailed the proposed operations including the proposed
daily number of boats, number of visitors/staff, baseline survey information of the
proposed site, including the existing water depth, currents and benthic environment,
construction/anchoring techniques and strategies regarding waste management.
Following the meeting with GBRMPA, Invest Sea lodged an application for a Marine
Park Permit and then produced final plans of the pontoon and mooring system that
were certified by a Marine Engineer. The application required public notification, and
following that period was assessed and then approved subject to conditions.
The conditions included the requirement for an Environmental Management Plan/s,

Deed of Agreement and the payment of a bond, cyclone contingencies, and regular
maintenance requirements. Operation of the pontoon and any associated tourism
program requires ongoing Environmental Management Charge obligations.
Refer also to: Pontoon operations

9. Commonwealth marine parks What is the approval process for ecotourism facilities in Commonwealth marine parks?
Source: adapted from GBRMPA workflow
Stage 3 – Operation (if

Stage 1 – Application Stage 2 – Assessment by GBRMPA
approved)
Pre-lodgement Lodge
meeting with development
GBRMPA application
and fees
Prepare statement
of intent and concept
plan
GBRMPA Assessment
reviews completed in line
with Part 2A of the
application GBRMP Regulation
documentation GBRMPA 1983 . Delegate
issues the makes a decision. If
approved, a permit
appropriate Native will be granted.
Title Notifications If refused, the
Applicant is applicant has appeal
rights
advised whether
public notification
is required Provision
of further
information by
the applicant if
requested Construction
and operation
in accordance with
permit conditions.
GBRMPA will provide If not already After the public comment If not supplied with the Conditions, provisions of
advice on the initial referred by the period, GBRMPA may application, applicant deed, bond and maintenance
concept with respect to the applicant, GBRMPA schedule a meeting to to provide information schedule put into place.
regulations, Zoning Plan can refer the discuss the outcome of on the proposed Environmental Management
and any relevant Plans of application to the the public consultation, site environmental Plan and site supervision;
Management. Applicant will Federal Minister for and will notify the characteristics and post-construction monitoring;
be encourage to contact the Environment applicant if meetings with the facility design, evaluation/auditing of activity
Department of Environment and Energy under stakeholders are required. construction and may be undertaken by the
(Cwth) for advice on the EPBC Act if operation details applicant or GBRMPA
whether EPBC Act Referral is applicable.
required.

When do you need a
Commercial Activity Permit?
NPSR is implementing the Queensland Eco and Sustainable Tourism (QuEST)
Activities requiring a Commercial Activity Permit policy framework for ecotourism operators accessing high visitation national parks
(NPSR, 2015 (a)). Authorised ecotourism operators in national parks will be offered
The operation of an ecotourism facility in or adjacent to a national park will usually commercial activity agreements. Benefits of QuEST include business certainty, best
involve activities in the park conducted outside the proposed facility, such as guided practice standards, support for authorised tourism operators, opportunities for
tours. These activities may require a separate Commercial Activity Permit (CAP) or growth and streamlined administration.
agreement to be granted by NPSR. The granting of a CAP will require native title
assessment and may also be considered under the requirements of an Indigenous Further information can be found at: www.npsr.qld.gov.au/tourism/quest/.
Land Use Agreement (ILUA) if one is in place for that location. A CAP is legally
required to conduct commercial activities in certain NPSR-managed areas, such as Approval process
those listed below:
A pre-lodgement meeting with NPSR regional staff for a CAP application is
• state forests and forest reserves including plantation forests
recommended to assist in streamlining the assessment process. Once a valid
• national parks application form and permit fees have been received, the assessment process
• conservation parks commences. Depending on the proposed commercial activity, NPSR may request
that the applicant give public notice, and any written submissions will be considered
• resources reserves during the assessment.
• recreation areas, including:
NPSR has up to 40 business days to assess a CAP application. However, If more
––Moreton Island Recreation Area information is required to assess the application, NPSR will request this information
from the applicant and must then make a decision whether to grant or refuse
––Minjerribah Recreation Area
the application within 40 business days of receiving the additional information.
––Bribie Island Recreation Area Furthermore, to obtain approval for a CAP, workers’ compensation insurance, public
––Fraser Island Recreation Area liability insurance and other insurances and indemnities (depending on the type of
activity proposed) may be required (QLD Government, 2016(c)).
––Inskip Peninsula Recreation Area
Further information including lodgement of applications can be found via the
––Cooloola Recreation Area
Business and Industry Portal website.
––Green Island Recreation Area.
Falls at Hinchinbrook Island near Townsville, December 2015.


When do you need
development approval?
Sustainable Planning Act 2009 and State
Assessment and Referral Agency (SARA)
At the time of publication, the Sustainable Planning Act 2009 (SPA) and the
Sustainable Planning Regulation 2009 (SPR) provide a framework to integrate
planning and development assessment, so that development and its effects are
managed in a way that is ecologically sustainable. The Act defines ‘development’ as
any of the following:
• Making a material change of use of premises (e.g. changing a use or intensity of
use)
• Reconfiguring a lot (e.g. subdividing lots)
• Operational work (e.g. clearing native vegetation; disturbance of marine plants)
• Building work
• Plumbing/drainage work.
Under the Sustainable Planning Regulation 2009 certain types of development

will require referral to the State or SARA for assessment (e.g. development in a
coastal management district or within 25 metres of a State Controlled Road). It
is recommended that developers consult with local governments early in the
formulation of the ecotourism concept to determine development assessment and
State referral requirements.
Note: The Planning Act 2016 (Planning Act) was passed by the Queensland
Parliament on 12 May 2016. Commencing mid-2017, the Planning Act will replace
the SPA.
Wallabies on the beach at Mackay, December 2015.


Local government planning schemes Ecotourism facilities are likely to be identified as code or impact assessable under
a planning scheme and will require approval under the Sustainable Planning Act
Planning schemes seek to advance state and regional policies through more detailed 2009 and Sustainable Planning Regulation 2009 (refer to ‘Appendix E: Sustainable
local responses, taking into account the local context. The schemes are prepared in Planning Act—development assessment’ on p. 67). Such an application would
accordance with planning legislation (currently Chapter 3 under SPA). Ecotourism generally be lodged with the local government but may also require referral to the
facilities will typically require assessment in accordance with the provisions of a state for assessment (SARA).
planning scheme. To determine what requirements apply:
Usually code assessable development applications are cheaper and faster to
• Definitions: Check how ecotourism is defined by referring to the definitions in assess than impact assessable applications which also require public notification.
the planning scheme. Ecotourism facilities may be referred to as ‘nature-based Depending on the location and nature of an ecotourism facility it may also require
tourism’ or in the absence of such a definition could fall within the definition of a assessment against the State Planning Policy, State Development Assessment
‘resort complex’, ‘short term accommodation’, ‘tourist facility’ or ‘tourist park’. Provisions or a Regional Plan, to the extent that such policies are not reflected in the
planning scheme.
• Zones, local plans and overlays: Check mapping applying to the site to determine
what zone (e.g. Conservation, Rural), local plan (if any) and overlay maps (e.g.
habitat and biodiversity). Material Change of Use and types
• Tables of assessment: On the basis of the mapping searches, check the of assessable development
relevant tables of assessment to determine whether an ecotourism facility is
exempt, compliant, self-assessable, code assessable, impact assessable or is a A Material Change of Use (MCU) is defined as the start of a new land use, the re-
prohibited development and the applicable codes (if any). establishment of an abandoned use or a material increase in the intensity or scale
of an existing land use. Typically, a new ecotourism development proposed on a lot
• Significantly:
which is currently used for low scale rural activities will represent the start of a new
––Exempt development does not require any further assessment. land use on a site. Whether or not a material change of use requires approval will
––Self-assessment does not require a development application if the relevant depend on the tables of assessment within a planning scheme and the provisions
code provisions can be met. of the Sustainable Planning Regulation 2009. A land use may be exempt from
assessment, or require compliance, self, code or impact assessment due to zoning,
––Compliance and Code assessment requires applications to be made but does overlay or local plan considerations. If an ecotourism facility is defined as ‘code’
not require public notification. or ‘impact’ assessable by the table of assessment in a planning scheme, it will be
––Impact assessment requires public notification and attracts third party appeal necessary to lodge a development application with ‘the assessment manager’,
rights. typically the local government.
• Codes: Check codes triggered by the mapping layers and also use these to
determine the assessment and design requirements for a particular use, zone,
local plan or overlay.

Bridge at Capricorn Caves near Rockhampton, April 2015.
Photo: Reichlyn Aguilar © TEQ
Development assessment road map is an advice agency or a concurrence agency; the latter has power to impose
conditions, approve part, approve a preliminary approval only, or refuse an
If a development application is code or impact assessable based on the tables application
of assessment under a planning scheme or Schedule 3 of Sustainable Planning • assessment manager and any referral agencies may request additional
Regulation 2009 (SPR), the Integrated Development Assessment System (IDAS) information or clarifications
sets out how development applications should be made and assessed. A local
government is usually the assessment manager and referral of an application to • if any additional information is requested, the proponent must respond within
the state may be required under the SPR, depending on the location, attributes of six months (with potential extensions to this time available by agreement)
the site and intensity of development. An overview of the development assessment • referral agencies will assess the application within the limits of their jurisdiction
process (impact assessment and referral required) is represented in Appendix E and and against any applicable codes and state or regional planning instruments
includes:
• if an application is impact assessable or is for a preliminary approval affecting
• proponent lodges the development application (IDAS Forms, Owner’s Consent how the planning scheme applies to land, the applicant is required to publicly
and accompanying mandatory reports) and application fees with the assessment notify the development application (for 15 or 30 business days depending on
manager as prescribed by the SPR. Checklists of application requirements and specific circumstances) and then issue the assessment manager with a notice of
the relevant forms are available at www.dilgp.qld.gov.au. compliance
• assessment manager assesses an application to determine whether it is • assessment manager decides the application within 20 business days (with
’properly made’. A properly made application includes all mandatory information, further extensions possible) and will either approve the application (in whole
the owner’s consent and any application fees or in part), approve subject to conditions or refuse the application. A decision
• assessment manager issues an acknowledgement notice for a properly made notice (attaching concurrence agency requirements if relevant) is to be provided
application within 10 business days and identifies any referral or notification within five business days of a decision being made.
requirements under the SPA and SPR Ecotourism proponents should consult with the local government before
• application is referred by the applicant to the State Assessment and Referral lodging a development application. A pre-lodgement meeting would assist in
Agency (SARA) (if required) and referral agency fees are paid. A referral agency ensuring consistency with planning scheme requirements and determining
information required to be lodged as part of the application process.

Laura Aboriginal Dance Festival, 2013.
Photo: Cathy Finch © TEQ
How should native title, Aboriginal

cultural heritage and Torres Strait
Islander cultural heritage be addressed?
What is native title and how is it addressed?
Native title describes the recognition by the Australian legal system of rights and
interests of Aboriginal and Torres Strait Islander peoples to land and waters according
to their traditional laws and customs. Native title has its source in the body of
law and custom acknowledged and observed by Indigenous claimants ancestors
when Australia was colonised by Europeans (National Native Title Tribunal, 2009).
Ecotourism facility proponents will usually be required to establish the native title
status of a site or an area proposed for an ecotourism facility. Where proponent
investigations find that native title has not been extinguished and native title exists,
proponents will need to comply with the Native Title Act 1993 (NTA) before proceeding
with the proposal. The type of action required under the NTA will depend on the activity
and could include simply giving notification of the activity to the native title party or
in some cases, reaching agreement for the activity to proceed through an Indigenous
Land Use Agreement (ILUA). If a development site is on State land (either a protected
area or non-protected tenure class), an ILUA may be required under the Native Title Act
1993 to negotiate native title consent for use and access rights.
ILUAs provide landholders with an option for negotiating flexible, pragmatic

arrangements with a native title group. They can be negotiated whether or not native
title has been determined and can be part of a native title determination or settled
separately. Once an ILUA is registered with the National Native Title Tribunal, it has the
same status as a legal contract. ‘Appendix C: Indigenous Land Use Agreement—
native title’ on p. 65 provides an overview of the key steps required to prepare and
lodge an ILUA.

Aboriginal cultural heritage and Torres
Strait Islander cultural heritage
The Aboriginal Cultural Heritage Act 2003 and Torres Strait Islander Cultural Heritage
Act 2003 seeks to provide effective recognition, protection and conservation of
Aboriginal and Torres Strait Islander cultural heritage, including a significant Aboriginal
and Torres Strait Islander area, object or archaeology. In constructing or undertaking
ecotourism activities, it is necessary that all reasonable and practical measures
are taken to ensure the activity does not harm Aboriginal and Torres Strait Islander
cultural heritage; it is recommended that the Department of Aboriginal and Torres
Strait Islander Partnerships' (DATSIP) Duty of Care Guidelines are followed to assist
in conducting due diligence. The size and scale of works involved, the level of risk
to Aboriginal and Torres Strait Islander cultural heritage at a site and the level of
approvals required, all contribute to whether a Cultural Heritage Management Plan
(CHMP) may be required. The process for undertaking a CHMP is included in ‘Appendix
D: Cultural heritage management plan process’ on p. 66
Native title contacts

Native Title Services
Department of Natural Resources and Mines
PO Box 15216, Brisbane QLD 4002
Email: [email protected]
Web: www.dnrm.qld.gov.au
Department of Aboriginal and Torres Strait Islander Partnerships

PO Box 15397 City East Qld 4002
National Native Title Tribunal

Freecall: 1800 640 501
Laura Aboriginal Dance Festival, Cape York, 2013.

Photo: Cathy Finch © TEQ

What other approvals may
commonly be required?
Introduction ‘Appendix B: The Commonwealth Environment Protection and Biodiversity
Conservation Act 1999 referral process’ on p. 63 provides the flowchart for
This section details approvals that may be required due to the location or nature
undertaking a referral under the EPBC Act.
of potential impact associated with the proposed ecotourism facility. This section
is not intended to be exhaustive and other less common statutes are presented in
Great Barrier Reef Marine Park Act 1975
‘Appendix A: Less common state legislation and policies
relevant to the assessment of ecotourism facilities’ on p. 62. The object of the Great Barrier Reef Marine Park Act 1975 (GBRMP Act) is to provide
for the long-term protection and conservation of the environment, biodiversity and
Commonwealth approvals heritage values of the Great Barrier Reef. This is achieved through the establishment
of the Marine Park, Marine Park Authority, Zoning Plans and Plans of Management.
Environment Protection and Biodiversity Conservation Act 1999 If an ecotourism facility is proposed within the Great Barrier Reef Marine Park, it
may require permission under the GBRMP Act. If a permission is required, referral
The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) of the action under the EPBC Act is deemed to be an application under the GBRMP
provides for the protection of Matters of National Environmental Significance (MNES). Act (refer to ‘Appendix B: The Commonwealth Environment Protection and
Under the EPBC Act, a person must not take an action that has, will have, or is likely Biodiversity Conservation Act 1999 referral process’ on p. 63).
to have a significant impact on any of the MNES (e.g. World Heritage properties)
without approval from the Australian Government Environment Minister or the Native Title Act 1993
Minister’s delegate. An ecotourism development may require approval under the
EPBC Act if a development has the potential to have a ‘significant impact’ on a matter The Native Title Act 1993 provides for the recognition and protection of native title
of national environmental significance; in this regard, there is a Bilateral Agreement and establishes the processes in which future dealings affecting native title may
with the Commonwealth which enables a single assessment process. The matters of proceed such as through ILUAs.
national environmental significance relevant to ecotourism projects include:
• World Heritage properties, including the Great Barrier Reef Marine Park
• national heritage places
• wetlands of international importance (often called ‘RAMSAR’ wetlands)
• nationally threatened species and ecological communities
• migratory species
• Commonwealth marine areas.

State approvals Environmental Offsets Act 2014 (Qld)
Environmental offsets compensate for unavoidable impacts on significant

Aboriginal Cultural Heritage Act 2003 (Qld) environmental matters, such as highly valuable species and ecosystems. An
The Aboriginal Cultural Heritage Act 2003 seeks to provide effective recognition, environmental offset may be required as a condition of an authority for a proposed
protection and conservation of Aboriginal cultural heritage, including a significant activity. Environmental offsets are not an assessment trigger, and are only
Aboriginal area, object or archaeology. The Act contains ‘duty of care’ provisions considered where:
which require that those conducting activities must take all reasonable and practical • An application for an authority is first required; and
measures to ensure the activity does not harm Aboriginal cultural heritage. In some
• The assessment requires consideration of an environmental offset as a suitable
cases, including when an Environmental Impact Statement is prepared, a Cultural
outcome.
Heritage Management Plan (CHMP) may be required. The process for undertaking a
CHMP is included in Appendix D. Conditions for environmental offsets will only be applied as a result of an
assessment trigger (i.e. the requirement to make an application for an authority)
Building Act 1975 (Qld) under the Environmental Protection Act 1994 , Sustainable Planning Act 2009, Nature
Conservation Act 1992, or the Marine Parks Act 2004. These Acts govern if and when
The Building Act 1975 regulates building development approvals, building work,
an environmental offset is required as a condition of an authority.
building classification and building certifiers. All ecotourism facilities that involve
building work (building, repairing, altering, and underpinning, moving or demolishing Offsets are not required for all environmental matters. Prescribed environmental
a building or other structure) will require approval by a private certifier and/or the matters for which offsets may be required are outlined in section 10 of the
relevant Local Government. Environmental Offsets Act 2014 (EO Act), and in section 5 and Schedule 2 of the
Environmental Offsets Regulation 2014. Likewise not all activities are ‘prescribed
Coastal Protection and Management Act 1995 (Qld) activities’ for the purpose of the EO Act. These are identified in section 9 of the
EO Act and in section 4 and schedule 1 of the Offsets Regulation. An ecotourism
The principal object of the Coastal Protection and Management Act 1995 is the
development may require an environmental offset if it is a prescribed activity
protection, conservation, rehabilitation and management of the state’s coastal
and is likely to have a significant residual impact on a matter of national, state or
resources and biodiversity by the provision, in conjunction with other legislation,
local environmental significance. To prevent duplication of offset requirements,
of a coordinated and integrated management and administrative framework for
for example between the state and the Commonwealth (see also Environment
the ecologically sustainable development of the coastal zone. Certain types of
Protection and Biodiversity Conservation Act 1999 above for matters of national
development currently prescribed under the Sustainable Planning Regulation 2009
environmental significance where consideration of offsets may be required), the EO
will require referral to the state for assessment where located within a coastal
Act requires agencies to consider any existing environmental offset conditions that
management district. Subsequent approvals for operational works within a tidal area
have already been applied to the activity and includes provisions where a proponent
may also be required. The State Planning Policy interactive mapping site indicates
can seek to remove an offset condition that is duplicated between authorities.
the extent of these areas.

Environmental Protection Act 1994 (Qld) (State Ecological Significance) State Development and Public Works Organisation Act 1971 (Qld)
The object of the Environmental Protection Act 1994 is to protect Queensland’s The State Development and Public Works Organisation Act 1971 (SDPWO Act)
environment while allowing for development that improves the total quality of facilitates timely, coordinated and environmentally responsible infrastructure
life, both now and in the future, in a way that maintains the ecological processes planning and development to support Queensland’s economic and social progress.
on which life depends. Environmental values are specified in the Environmental The Act gives the Coordinator-General significant powers to (among other things)
Protection Act 1994 (EP Act), the Environmental Protection Regulation 2008 (EP declare a project to be a “coordinated project” for which an environmental impact
Regulation), environmental protection policies (EPPs) and relevant guidelines. assessment is required. While most ecotourism development by its nature will
be smaller in scale and designed to mitigate environmental impacts, larger scale
Nature Conservation Act 1992 (Qld) ecotourism projects may meet the eligibility criteria for a coordinated project
declaration.
The Nature Conservation Act 1992 (NC Act) applies to the State’s National Parks,
Conservation Parks, Nature Refuges and Coordinated Conservation Areas. The NC Torres Strait Islander Cultural Heritage Act 2003 (Qld)
Act seeks to achieve the conservation of nature while allowing for the involvement
of indigenous people in the management of protected areas. It also provides The Torres Strait Islander Cultural Heritage Act 2003 seeks to provide effective
opportunities for ecotourism facilities (refer to Glossary) that are consistent with the recognition, protection and conservation of Torres Strait Islander cultural heritage,
area’s natural and cultural resources and values. A lease, agreement, licence, permit including a significant Torres Strait Islander area, object or archaeology. The Act
or other authority for an ecotourism facility may be granted if it: contains ‘duty of care’ provisions which require that those conducting activities
must take all reasonable and practical measures to ensure the activity does not
• will be in the public interest
harm Torres Strait Islander cultural heritage. In some cases, including when an
• is ecologically sustainable Environmental Impact Statement is prepared, a Cultural Heritage Management
• will provide, to the greatest possible extent, for the preservation of the land’s Plan (CHMP) may be required. The process for undertaking a CHMP is included in
natural condition and the protection of the land’s cultural resources and values. ‘Appendix D: Cultural heritage management plan process’ on p. 66.
The operation of an ecotourism facility on a National Park will usually involve Vegetation Management Act 1999 (Qld)
activities in the park conducted outside the facility such as interpretive walks. These
activities will require a separate commercial activity permit or agreement to be The clearing of native vegetation is regulated by the Vegetation Management Act
granted. Under the provisions of the NC Act, before an approved ecotourism facility 1999 (VMA). Clearing remnant vegetation on a regulated vegetation management
can be authorised through the granting of a lease or other authority, the use must map, if not exempt, can only be done under a permit. Common exemptions
be prescribed by regulation as a permitted use for the land. NPSR will arrange the include clearing for necessary fence lines, necessary road or vehicular tracks,
required form of regulatory impact assessment and drafting of regulations for this fire management lines and fire breaks. A development application that includes
authorisation to occur if the NC Act requirements for ecotourism facilities are met vegetation clearing will require assessment by the Department of Natural Resources
and all third party approvals are obtained. and Mines (DNRM).
Ecotourism facilities should be located outside of endangered regional ecosystems

and where possible outside of “of-concern” areas. These areas can be identified by
undertaking a property report request form.

Conclusion
The Queensland Government is committed to encouraging further
ecotourism developments in Queensland that showcase the state’s
natural beauty while preserving these natural assets for future
generations.
There are significant opportunities for ecotourism development in Queensland,
including on freehold land, non-protected areas and protected areas, which
historically may have not been developed for this purpose. This Queensland
Ecotourism Development Toolkit has been designed to assist developers and
investors in navigating planning and regulatory approval processes in the
development of ecotourism products and experiences. The toolkit has focused
on three main tenure classes; each with distinct features in terms of development
design and regulatory processes. Other typical regulatory processes that apply in
particular circumstances have been tabulated in ‘What other approvals may
commonly be required?’ on p. 50.
The toolkit highlights the significance of selecting an appropriate site to ensure

impacts on sensitive environments are mitigated and assessment processes
streamlined. Underpinning this toolkit is the premise that by making good, well-
founded decisions about site selection and design of the ecotourism product, the
pathway through regulatory processes and accreditation will be made smoother.
Ecotourism projects should protect and contribute to the well-being of the natural
areas and local communities in which they operate, while providing visitors with an
increased appreciation of the natural and cultural values of the setting that they visit.
Central Station, Fraser Island, December 2015.


Canoeing at Lake Cootharaba, June 2015.
Photo: Ming Nomchong © TEQ
You have made your way through the Queensland Ecotourism Development Toolkit.
It can be challenging to know where to start, and discover the steps involved for an
ecotourism development in Queensland. The process differs for each ecotourism
development, however, the following checklist will provide you with a high level
reference point.
Tick the following on the checklist to keep track of key steps in your ecotourism
development journey.
Pre-approvals
FF Have you identified and researched market trends and
demand for the proposed ecotourism operation?
FF Has the ecotourism concept been refined, including the
vision developed and key selling points detailed?
FF Have you identified the site, assessed its suitability for
an ecotourism facility and investigated tenure?
FF Has economic feasibility and commercial viability been conducted to assess
the concept for the site and its ability to deliver ongoing financial return?
FF Have you contacted the Tourism Division at DTESB to determine if there
is any information to help facilitate the ecotourism development?
FF Have you identified your stakeholders?
FF Have you undertaken stakeholder consultation to understand
opportunities, identify community concerns to be addressed
and to help refine the ecotourism concept?
FF Has the regulatory framework been reviewed to determine
whether approvals are required under relevant Commonwealth
and State Acts, and local government planning schemes?
FF Have you conducted a review of ecotourism certification
requirements and identified a preferred certification program?
FF Have your ecotourism activities and facilities been designed in line with the Best
Practice Ecotourism Development Guidelines ((NPSR, 2015 (b)) (as appropriate)?

The approval process
FF Has the pre-lodgement meeting with the relevant authority been held?
FF Have the relevant applications and requirements been prepared and submitted
to the relevant authority?
At this stage, refer to the flowcharts relevant to your ecotourism development.
Construction
FF Have site works been undertaken in accordance with conditions?
Operation
FF Has ecotourism certification been achieved?
Depending on the nature and location of the ecotourism facility, you may also be
required to prepare a Decommissioning Management Plan or Restoration Plan.
Use the information provided as a tool to direct you on the right path; do seek further
professional advice to inform decisions on your ecotourism development.
Undara Volcanic National Park, Gulf Savannah.

Photo: Peter Lik © TEQ

References and resources
References Department of National Parks, Sport and Racing. Queensland’s World Heritage Areas:
www.npsr.qld.gov.au/world-heritage-areas/index.html, Accessed 26 July 2016.
Ecotourism Australia, What is Ecotourism?,
www.ecotourism.org.au/eco-experiences/why-choose-ecotourism, Accessed 16 Great Barrier Reef Marine Park Authority (2015) Facts about the Great Barrier Reef
August 2016. - www.gbrmpa.gov.au/about-the-reef/facts-about-the-great-barrier-reef,
Accessed: 2 November 2015.
Ballantyne R, Brown R, Pegg S, Scott N (2008) Valuing tourism spending arising from
visitation to Queensland national parks, CRC for Sustainable Tourism. National Native Title Tribunal (2009) Native Title an Overview, Commonwealth of
Australia.
CSIRO (2013) The Future of Tourism in Queensland – Megatrends, Creating
Opportunities and Challenges over the coming twenty years, Brisbane. Queensland Government (2016) Leases, licences and permits to occupy,
www.qld.gov.au/environment/land/state/leases/leasing/, Accessed 30 March
Department of National Parks, Sport and Racing (2016) (a) Queensland Ecotourism 2016.
Plan 2016 - 2020, Brisbane.
Queensland Government (2016(b)) Reserves and trust land,
Department of National Parks, Sport and Racing (2016) (b) Declared fish habitat area www.qld.gov.au/environment/land/state/reserves/, Accessed 30 March 2016.
plans, www.npsr.qld.gov.au/managing/habitat-areas/area-plans.html, Accessed
17 August 2016. Queensland Government (2016(c)) Commercial Activity Permits,
www.business.qld.gov.au/industry/tourism/parks-recreation-forests/
Department of National Parks, Sport and Racing (2015) (a) Queensland Eco and commercial-activity-permit, Accessed 30 March 2016.
Sustainable Tourism, www.npsr.qld.gov.au/tourism/quest/index.html, Accessed
21 October 2015. State of Queensland (2012) 2020 Strategic Marketing Plan Tourism and Events in
Queensland, Brisbane.
Department of National Parks, Sport and Racing (2015) (b) Best Practice Ecotourism
Development Guidelines, Brisbane. Available from: Tourism Australia (2013) 2020 New research to help Australian Tourism Reach
www.npsr.qld.gov.au/tourism/pdf/eoi-best-practice-ecotourism.pdf its Potential, Sydney, www.tourism.australia.com/documents/Statistics/
Research_130624_CDP6pagesummary.pdf, Accessed 14 December 2015.
Department of National Parks, Sport and Racing (2015) (c) Ecotourism Facilities on
National Parks Implementation Framework , www.npsr.qld.gov.au/tourism/pdf/ Tourism and Events Queensland, Tourism Economic Key Facts, June 2016.
ecofacilities-framework.pdf, Accessed 21 October 2015.

Resources (in order of appearance in the document) Pontoon operations: Great Barrier Reef Marine Park Authority -
www.gbrmpa.gov.au/onboard/what-you-do/pontoon-operations.
Ecotourism resources and tourism data information:
www.stateoftheindustry.destq.com.au. Determining whether an action is likely to have an impact on matters of national
environmental significance: The Matters of National Environmental Significance,
Ecotourism certification information: Significant impact guidelines 1.1 Environment Protection and Biodiversity
www.npsr.qld.gov.au/tourism/ecotourism/index.html. Conservation Act 1999 -
www.environment.gov.au/system/files/resources/42f84df4-720b-4dcf-b262-
Next Generation Tourism Planning guide:
48679a3aba58/files/nes-guidelines_1.pdf.
www.dtesb.qld.gov.au/tourism/tourism-planning.
Queensland Eco and Sustainable Tourism (QuEST) policy framework for ecotourism
Contact for further information on ecotourism proposals: Tourism Division;
operators accessing high visitation national parks: Department of National Parks,
Department of Tourism, Major Events, Small Business and the Commonwealth
Sport and Racing - www.npsr.qld.gov.au/tourism/quest/.
Games; [email protected]
State Assessment and Referral Agency (SARA) mapping -
Destination Tourism Plans: teq.queensland.com/about-teq-new/plans-and-
sara.dsdip.esriaustraliaonline.com.au/saraviewer/.
strategies/destination-tourism-plans.
Checklists for development application requirements and the relevant forms:
Relating to tenure, review of relevant local government planning scheme:
www.dilgp.qld.gov.au.
www.dilgp.qld.gov.au/planning/local-government-planning-schemes.html.
The State Planning Policy interactive mapping site indicating the coastal
Tenure searches: Queensland Globe – data.qld.gov.au.
management areas:
Constraint mapping searches: SPP Interactive Mapping System - spp.dsdip.esriaustraliaonline.com.au/geoviewer/map/da.
spp.dsdip.esriaustraliaonline.com.au/geoviewer/map/da.
Property report request form for development applications that may involve
Determining whether referral is required under the EPBC Act: www.environment. vegetation clearing:
gov.au/heritage/management/referrals and Protected Matters Search Tool - www.dnrm.qld.gov.au/qld/environment/land/vegetation/vegetation-map-
www.environment.gov.au/epbc/pmst/. request-form.
Contact for further information on native title for all tenure types other than freehold: Overview of the Commonwealth Environment Protection and Biodiversity
Native Title Services - Conservation Act 1999 referral process:
www.dnrm.qld.gov.au/our-department/contact-us/native-title-contacts. www.environment.gov.au/system/files/resources/38fc57cd-c744-4727-8fa0-
51ecbd6e879b/files/flow-chart.pdf.
Local Government Planning Scheme to review and check approvals required:
www.dilgp.qld.gov.au/planning/local-government-planning-schemes.html.
Title search to determine tenure of a property:

www.business.qld.gov.au/industry/titles-property-construction/titles-
property/searches-documents.

Guidelines for negotiating an Indigenous Land Use Agreement:
www.dnrm.qld.gov.au/__data/assets/pdf_file/0008/109277/negotiating-ilua-
guidelines.pdf;
and for further information:
www.business.qld.gov.au/industry/mining/land-access-environment/native-
title/indigenous-land-use-agreements.
Cultural Heritage Management Plan Guidelines:

www.datsip.qld.gov.au/resources/datsima/people-communities/cultural-
heritage/chmp-guidelines.pdf.
Approval process for an Impact Assessable Development Application (for

applications involving: public notification, information request, IDAS referral
agencies):
www.dilgp.qld.gov.au/resources/laws/integrated-planning-act/
idasflowchart3.pdf.

Glossary of abbreviations
and terms
Abbreviations
CAP Commercial Activity Permit RRA Resource Allocation Authority
CAPOM Cairns Area Plan of Management SARA State Assessment and Referral Agency
CHMP Cultural Heritage Management Plan TEQ Tourism and Events Queensland
CSIRO Commonwealth Scientific and Industrial Research TOPs Tourism Opportunity Plans
Organisation
Commonwealth legislation
CYPAL Cape York Peninsula Aboriginal land
EPBC Act Environment Protection and Biodiversity
DAF Department of Agriculture and Fisheries Conservation Act 1999
DNRM Department of Natural Resources and Mines GBRMP Act Great Barrier Reef Marine Park Act 1975
DTESB Department of Tourism, Major Events, Small NTA Native Title Act 1993
Business and the Commonwealth Games
Key state legislation
DTPs Destination Tourism Plans
ACH Act Aboriginal Cultural Heritage Act 2003
EIS Environmental Impact Statement
CPM Act Coastal Protection and Management Act 1995
FHA Fish Habitat Area
EO Act Environmental Offsets Act 2014
GBRMPA Great Barrier Reef Marine Park Authority
EP Act Environmental Protection Act 1994
IDAS Integrated Development Assessment System
NC Act Nature Conservation Act 1992
ILUA Indigenous Land Use Agreement
QHA Queensland Heritage Act 1992
MCU Material Change of Use
SPA Sustainable Planning Act 2009
MNES Matters of National Environmental Significance
SPR Sustainable Planning Regulation 2009
NPSR Department of National Parks, Sport and Racing
SDPWO Act State Development and Public Works Act 1971
QPWS Queensland Parks and Wildlife Service
TSICH Act Torres Strait Islander Cultural Heritage Act 2003
QuEST Queensland Eco and Sustainable Tourism policy
VMA Vegetation Management Act 1999
framework

Definition of terms
Assessment: A consideration of the likely impacts of a controlled action and identification of possible
mitigation or offset arrangements to reduce the impact, along with a risk assessment.
Acknowledgment notice: Notice issued by an Assessment Manager to confirm that requirements applying to application
made under the Sustainable Planning Act 2009.
Assessment manager: Entity responsible for determining an application lodged under the Sustainable Planning Act
(e.g. Local Government or State).
Ecotourism facility: Ecotourism facility means a facility that—
(a) is designed and managed to facilitate the presentation, appreciation and conservation of
the land’s natural condition and cultural resources and values (the primary purpose); and
(b) is managed in a way that does not allow an activity to be carried out on the land that—
(i) is inconsistent with the primary purpose; and
(ii) would require a significant change to the land’s natural condition or would adversely
affect the conservation of the land’s cultural resources and values.
Example of an activity for subparagraph (ii)— the construction of a golf course,

amusement park or casino on the land.
(Source: Nature Conservation Act 1992, Schedule 2).

Freehold land: Freehold land refers to the outright ownership of land with no limitation on the period of
ownership. It is recorded in the freehold land register under the Land Title Act 1994 and is not
state land nor leased from the Queensland Government.
Environmental Impact A statement of the likely impacts of an action on the environment and how they may be
Statement: mitigated or offset.
Leasehold: Under the Land Act 1994 leases may be term leases, perpetual leases or a freeholding lease.
Term leases are issued for terms of 1 to 100 years. Perpetual leases are held by the leaseholder
in perpetuity and issued for a specific purpose (e.g. agricultural or commercial). Freeholding
leases are issued when a landholder of a grazing homestead perpetual lease, special lease or
a non-competitive lease elects to pay the purchase price for their lease in instalments over a
number of years. On receipt of the final instalment, the lease is converted to freehold.

National parks and National parks and conservation parks are dedicated under the Nature Conservation Act 1992
conservation parks: (NC Act) and are Queensland’s highest value conservation areas; the primary purpose of these
is the permanent preservation and/or conservation of the land’s natural and cultural values.
However where appropriate and ecologically sustainable, secondary uses such as nature
based recreation and ecotourism may be undertaken.
Reserves: Under the Land Act 1994 land has been set aside for a particular public or community purpose.
These are either reserves or deeds of grant in trust, and are collectively referred to as ‘trust
land’. Day-to-day management of a reserve is generally the responsibility of the trustee.
Reserves may only be used for the allocated purpose.
Unallocated State Land: Unallocated State Land is defined by the Land Act 1994 (Schedule 6) as all land that is not:
(a) freehold land, or land contracted to be granted in fee simple by the State; or
(b) a road or a reserve, or a national park, conservation park, State forest or timber reserve;
or
(c) subject to a lease, licence or permit issued by or for the State, other than a permit to
occupy under this Act issued by the chief executive.

Appendix A: Less common state legislation and policies
relevant to the assessment of ecotourism facilities
• Environmentally Relevant Activities – some ecotourism facilities may include
activities that require approval under the Environmental Protection Act 1994 (e.g.
Fuel storage for generators);
• Flood prone land – building work in a flood hazard area may require approval by
a local government;
• Forestry – development on State forests is regulated under the Forestry Act
1959;
• Heritage – development on a State heritage place may require approval under
the Queensland Heritage Act 1992;
• Historic Shipwrecks – the Historic Shipwrecks Act 1976 protects historic wrecks
and associated relics, that are more than 75 years old and in Commonwealth
waters (extending from below the low water mark to the edge of the continental
shelf);
• Recreation Areas – approvals may be required under the Recreation Areas
Management Act 2006 for camping, vehicle access or commercial activities on
recreation areas;
• Water – projects may require approval under the Water Act 2000 for taking or
interfering with a water resource;
• Wetland Protection Area – approvals may be required for development near or
within a wetland protection area; and
• Wet Tropics – approvals may be required under the Wet Tropics World Heritage
Protection and Management Act 1993.
Open road heading to Cairns, Tropical North Queensland, September 2015.

Photo: Oliver Vegas Montero © TEQ

Appendix B: The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 referral process
Source: Department of the Environment, Australian Government
Deciding if a proposed action needs to be referred

• the Great Barrier Reef Marine Park, and
• Is the proposed action likely to have a significant impact
on a matter of national environmental significance? • nuclear actions (including uranium mines)
The matters of national environmental significance are: • Is the proposed action likely to have a significant
impact on the environment in general (for actions by
• world heritage properties Approval is not required
Commonwealth agencies or actions on Commonwealth NO
from the minister
• national heritage places land) or the environment on Commonwealth land
• wetlands of international importance (for actions outside Commonwealth land)?
• threatened species and ecological communities • If you are not certain about whether your proposed
• migratory species action requires approval under the EPBC Act you may
refer the proposal for a decision by the minister.
• Commonwealth marine areas
Action is clearly unacceptable. The minister

makes a decision within 20 business days.
YES
Person proposing to take the action makes a referral to the minister via the department. Person informed of decision.
The minister makes a decision within 20 business days on Person may withdraw Person may withdraw Person may request the
whether approval is required under the EPBC Act and on process of assessment. referral and take and submit a modified minister to reconsider
no action. proposal as a new referral. the decision.
Controlled Not controlled action

Not controlled action
action 'particular manner' 10-business day public
The department prepares
report on relevant impacts comment period
and comments.
Action is subject to
the assessment and Approval is not required Approval is not
approval process under if the action is taken required if the action Action is clearly unacceptable
the EPBC Act. (Refer in accordance with the is taken in accordance
to the Assessment/ with the referral. The minister makes a
manner specified.
decision whether to reconsideration decision
approve flowchart) within 20 business days Controlled action

Environment assessment process – assessment/decision whether to approve
Source: Department of the Environment, Australian Government
Can the action be assessed using:

• a state/territory assessment process accredited under a bilateral agreement? There
are bilateral agreements with all state and territory governments.
YES • an Australian Government assessment process accredited under a ministerial declaration? There NO
are currently no ministerial declarations for Australian Government processes.
Accredited assessment Assessment on referral Assessment on preliminary Assessment Assessment by

(case by case). information. documentation. by EIS/PER. public inquiry.
Action to be
assessed by:
• an accredited
state/territory The minister directs The minister provides either The minister
The department The minister requests further
process, or proponent to publish referral standard or tailored guidelines to appoints
must prepare information from proponent.
information for public. proponent for draft EIS or PER. commissioners
• an accredited a draft and sets terms
Australian recommendation of reference.
Government
report
process.
The minister directs proponent to publish referral Preparation of draft EIS/PER.
and additional information for public comment.
Draft To be finalised
recommendation within 30 Commission
report published business days conducts inquiry
The minister approves
State/territory of assessment Public comment on proponent’s information. and provides an
for 10-business- publication of draft EIS/PER.
or Australian approach inquiry report
Government day public
decision. to the minister.
agency prepares comment period.
assessment report. Proponent’s information is revised taking into account public Public comment on draft EIS/PER.
Recommendation comments. The proponent then provides the minister with
the revised information or a notice stating that no comments
report finalised
were received. Within 10 days the proponent must publish
and provided to the revised information and comments, or if no comment EIS/PER finalised taking into account
the minister. were received, republish the relevant information. public comments. The proponent then
provides the finalised EIS/PER to the
minister and publishes the report.
The department prepares recommendation report and provides it to the minister.
The minister makes decision to approve, approve with

conditions or not approve the proposed action. 40 business days of receiving an inquiry report.
• For assessment by EIS/PER or preliminary documentation, a decision • For assessment by a state/territory process, a decision must be
must be made within 40 business days of receiving finalised made within 30 business days of receiving an assessment report.
• documentation from the proponent. • For assessment on referral information, a decision must be made within
20 business days of receiving a finalised recommendation report.
• For assessment by inquiry, a decision must be made within

Confirm type of ILUA - area agreement or body
corporate agreement
Identify the parties to the ILUA
Clarify the subject matter of the ILUA

Appendix C: Indigenous Land
Use Agreement—native title Negotiate with the parties
An Indigenous Land Use Agreement (ILUA) is an agreement which is commonly used

when changing the tenure of land (e.g. leasehold to freehold) or when granting Draft the ILUA and the application for registration
permission to use and access State land and waters, and compensate for the loss of (you can seek feedback from the Registrar on the draft
native title rights under the Native Title Act 1993. If native title has been extinguished application and draft ILUA so that any issues raised
(e.g. freehold lots) it doesn’t apply. Indigenous land use agreements (ILUAs) provide can be addressed – this is optional but recommended)
landholders with an option for negotiating flexible, pragmatic arrangements with
a native title group. They can be negotiated whether or not native title has been
determined, and can be part of a native title determination or settled separately.
Ensure authorisation or certification of the ILUA
Once an ILUA is registered with the National Native Title Tribunal, it has the same
status as a legal contract that binds all people with a native title interest in the site.
Source: DNRM
Sign the ILUA
More information about ILUAs can be found here.
Note: Allowance should be made for one year or more for this process to
be completed. Apply for registration
Assessment and notification by the Registrar of the

ILUA (allow approximately 6 months)
Registration of the ILUA

Notification of intention to develop a plan
(“written notice”)
Consultation and negotiation to seek agreement upon

the terms of the plan
Choosing a methodology to develop a plan
Appendix D: Cultural heritage The nature of project activities within the plan area
management plan process The extent of the project area subject to the plan
A Cultural Heritage management plan is an agreement between a land user (sponsor)
and Traditional Owners (endorsed party) developed under Part 7 of the Aboriginal
Cultural Heritage Act 2003 and Torres Strait Islander Cultural Heritage Act 2003.
The identity and number of representatives to
Source: Adapted from Cultural Heritage Management Plan Guidelines, attend meetings
Department of Aboriginal and Torres Strait Islander Partnerships
Survey of the project area to be subject to the plan

(including timing of the cultural heritage survey)
The appointment of a suitably qualified expert
Managing land use activities in or around aboriginal

and Torres Strait Islander cultural heritage

Appendix E: Sustainable Planning Act—development assessment
Source: Department of Infrastructure, Local Government and Planning
For application involving: public notification, information request, IDAS referral agencies
Application stage Information and referral stage Decision stage

1,2 2 9,2
10 b.d. 10 b.d. 6 months 20 b.d. 5 b.d.
Applicant Assessment manager

Assessment manager Assessment manager Assessment
responds to issues decision notice and
gives acknowledgement gives information manager assesses and
assessment 7 advises IDAS referral
notice request decides application
manager agencies of decision
Application lodged OR
Concurrence Applicant
Assessment manager Applicant Assessment Applicant refers
agency gives responds to Concurrence
gives applicant notice of resubmits manager gives application to IDAS
4 information concurrence agency's response
not properly made application acknowledgement referral agencies
application notice request agency
2 2 1 2
10 b.d. 20 b.d. 10 b.d. 20 b.d. 10 b.d. 6 months 30 b.d. less up to 10 b.d.
for information requests5
Application made available

3 Submissions made to
for inspection and purchase 6
assessment manager
Applicant gives assessment

1. This timeframe may be extended by a further 10 b.d. by the assessment manager or referral agency. Applicant carries out public manager notice of
notification compliance with public
2. This timeframe may be further extended by agreement between the applicant and the assessment manager. notification requirements
3. The application and any supporting material must be kept available for inspection and purchase from the time
the assessement manager recieves the application until the end of any appeal period or the application is withdrawn or lapses. 2
20 b.d. 15 or 30 b.d. 8 20 b.d. 2
4. The applicant must also provide the assessment manager written notice of when the application was referred.
5. This timeframe may be extended by up to a further 20 b.d. by the the referral agency and may be further extended with written agreement
from the applicant. Applicant give assessment
manager notice of
6. For a submission to be properly made (and attract appeal rights) the submission must be received in writing during the notification period.
commencement of public
7. While the assessment manager may start assessing the application at any time, they may not decide the application during the first 10 b.d. notification within 5 b.d. of
after the day the decision making period commences, unless the applicant has given the assessment manager written notice that they do commencement of notification
not intend to suspend the appeal period or make representations in relation to a concurrence agency advice.
8. The notification period must not include any business day from 20 December to 5 January of the following year, both days inclusive.
9. This timeframe may be extended by a further 20 b.d. by the assessment manager. Notification stage
Note: b.d. = business days
Disclaimer:This document is produced to convey general information. While every care has been taken in preparing this document, the State of Queensland accepts no responsibility for decisions or actions taken as a result of any data, information, statement or advice, express or implied, contained within. The contents of this document were correct to the best of our
knowledge at the time of publishing. Any reference to legislation contained within is not an interpretation of the law. It is to be used as a guide only. The information contained within does not take into consideration any reference to individual circumstances or situations. Where appropriate independent legal advice should be sought.

Department of Tourism, Major Events,
Small Business and the Commonwealth Games
Further information
For further information regarding an
ecotourism proposal, please contact:
Tourism Division
Department of Tourism,
Major Events, Small Business
and the Commonwealth Games

Ecotourism Tool Kit

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Department of Tourism, Major Events, Small Business and the Commonwealth Games

© State of Queensland, 2016.

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Introduction 1 When do you need a Commercial Activity Permit? 44

Background 2 When do you need development approval? 45

How should native title, Aboriginal cultural heritage

Case Study: Great Barrier Reef Marine Park floating pontoon

Appendix B: The Commonwealth Environment Protection

Appendix C: Indigenous Land Use Agreement—native title 65

Appendix D: Cultural heritage management plan process 66

Appendix E: Sustainable Planning Act—development assessment 67

Eli Creek, Fraser Island. December 2015.

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The Queensland Ecotourism Development Toolkit (‘the toolkit’)

This toolkit has been produced by the Queensland Government in

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Freehold land near Greenvale North Queensland, August 2016.

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Queensland is an internationally celebrated ecotourism

—Queensland Ecotourism Plan 2016–2020

The Queensland Ecotourism Plan 2016–2020 outlines five strategic directions

This toolkit addresses the strategies in Queensland’s Ecotourism Plan related to

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—Tourism Australia, 2013

Eli Creek, Fraser Island, December 2015.

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Girraween National Park, Darling Downs, January 2016.

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Purpose of the toolkit

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Camping at Lake Moogerah, June 2015.

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What assistance is available?

The development of Queensland’s ecotourism products is facilitated by DTESB’s

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1. Identify and analyse the market

• Consult with the Tourism Division at DTESB;

• Undertake Market Identification/Analysis;

• Identify target markets – refer to TEQ’s Big Marketing Guide:

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• lower value habitat as opposed to high value conservation areas

• locations where riparian zones can be avoided 10.

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• infrastructure costs (e.g. road access, water, energy, sewage treatment)

• cost of materials and labour to construct/fitout buildings 3.

intends to borrow money on the venture. 8.

• Conduct high-level economic feasibility assessment

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Once a site/s is selected:

• consult with key landholding agencies and decision makers

• organise pre-lodgement meetings

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• Land Act 1994 11.