FAQs

All existing land uses (i.e. cropping) that you already undertake or have been approved to undertake can still be undertaken as per your existing use rights. 

For example, if you have been running a cattle breeding and cropping operation for the last decade you have “existing use rights” to keep doing so and this draft planning scheme does not remove these use rights.

Every lot is categorised into a zone under the planning scheme in a way that facilitates particular types of land uses in a particular location (i.e houses in a general residential zone or shops in a centre zone). You can check what zone your property is in via the eplan. 

The zone sets the overriding intent for the area. If the property is located in the Rural Zone, the primary purpose of the land will remain focused on supporting rural uses and activities and ensuring that any new development does not conflict with rural uses. Regardless of whether there is a precinct applied, the zone is still the zone.

The zone maps also identify if a precinct applies within a zone. 

Precincts may be used to provide a more refined planning intent for specific areas but will still align with the overall intent of the zone. 

A precinct may vary the provisions (setbacks or type of development that is supported) for areas in the zone to ensure that the uses in a particular area of the region are more compatible or reflective of the unique values of that area. 

The Tourism and Ecotourism precincts being suggested in this amendment would allow interested individuals to pursue small-scale, low-intensity tourism activities on their property, only if they choose to do so.

The proposed precincts will not force you to undertake a tourism activity on your property. 

All existing rural uses that you already do or can do are still supported and encouraged even if they are in the Tourism or Ecotourism precinct.

Firstly, a zone or precinct change will not affect any current development approvals or existing lawful uses already operating on your lot. 

The changes to the planning scheme and associated zone maps can only affect you if you are proposing new development. A change to the zone or precinct of a lot will mean that different types of land uses will be supported or not supported. 

For example, you would not expect the same type of land uses to be supported in an industrial area compared to a residential area…would you? You can check what type of developments are supported or not supported in a zone via the eplan

The following information has been confirmed as being correct by the State Valuation Service and approved for publication by the Area Manager. 

State valuations are based on market movements. Therefore, if there is a market movement up or down this is applied across the board. Valuations are always market driven. 

If the tourism or ecotourism precincts are adopted, if (at any time) market evidence indicates that there is a premium paid for properties within this area, then that premium would apply to all properties within this precinct. 

The same applies if market evidence indicates that there is a premium paid for properties backing onto the dam or natural assets - regardless of whether the proposed tourism precinct is adopted. Therefore, other factors could result in a premium being paid in this location which would also be applied. 

If a landholder acts on the opportunities under the draft amendment to undertake a tourism activity within a proposed Ecotourism or Tourism precinct, the following potential implications may apply in addition to the above: 

• Where the proposed tourism activity is significant in scale and becomes the dominant use of the site, this would result in a change in the land use and the valuation in line with activities (i.e. commercial) and be valued accordingly in line with the market evidence for this use. 
• Where tourism activities are small in scale and would not become the dominant use of the site, there is the potential for the area being used for the tourism activity to be valued separately from the rest of the lot under section 53 of the Land Valuation Act 2010. This would result in a potential change in valuations and separate rates notices issued for each parcel. However, if there is no separate valuation issued the whole lot would remain as its dominate use valuation (i.e. Rural land).

Subsequently, if any of the scenarios above occur, and there is a change in valuation, as rates are calculated on the valuation of the land, there is the potential that the rates on the properties could increase and/or could result in rates capping being removed. It is noted that this could occur in any zone throughout the region if the scale of development on your property increases.  

No.

The proposed precincts will not change the use of your property, unless you choose to apply for a material change of use to add a supported use (i.e. put in a development application to council to get approval for an additional land use). 

The proposed amendment does not force you to undertake a tourism activity. The proposed change is drafted to provide further opportunities for differing approved uses on your property that are compatible with the zone.

The zone sets the overriding intent for the area. If the property is located in the Rural Zone, the primary purpose of the land will remain focused on supporting rural uses and activities and ensuring that any new development does not conflict with rural uses. 

Absolutely not.

The public does not have any automatic any right-to-entry to come onto your private property. The proposed changes to add the Tourism or Ecotourism precincts (and the planning scheme as a whole) will not enable the public access to your property for tourism purposes.

All lots have a unique lot and plan number i.e. Lot 222 SP103456 that is used to identify it. You can search for your property via street address or lot plan number in the eplan.

However, some properties will have the same lot number even though they have separate land parcels all with the same lot number. For example, a lot may be separated by a road reserve into two separate road parcels but still have the same lot and plan number.

To help identify these separate land parcels, land parcels will also have a "segment parcel number" as well so that you also have a unique identification 8 digit number to identify which of the land parcels under a particular lot and plan is which.

For a submission to be considered properly made, it must: 

• Be in writing and signed by each person who submitted (including by electronic means)
• Include the full name and residential or business address of each person submitting State a postal or electronic address for council to respond to the submission
• State the grounds of the submission and the facts and circumstances relied on to support this position
• Be made to Central Highlands Regional Council
• Be received by council on or before 28 April 2023

Formal notification of the Draft Planning Scheme Amendment for Business Improvement and Innovation is part of a statutory process which is outlined in the Minister’s Rules and Guidelines. During this period, you have a legislated right to provide feedback on any aspect of the proposed amendment.

Council may make changes to the proposed amendment to address issues raised in submissions; amend a drafting error; or address new or changed planning circumstances or information.

If the changes result in the proposed amendment being significantly different to the version released for public consultation, council must repeat the public consultation.

Upon completion of the consultation period council: 

• will consider every submission to the proposed amendment; 
• may make changes to the proposed amendment in response to the properly made submissions; 
• will advise each submitter, in writing, how their submission was considered and, if appropriate, incorporated into the amendment; 
• will publish the results of the public consultation process on the council website.

The Central Highlands Regional Council is committed to continual improvement of the Planning Scheme. We continually reflect on all the state government interests, regional and national trends that may affect the region and any regional plan updates that exist for the Central highlands region. 

We encourage you to get involved by suggesting improvements for consideration for future updates and amendments. These suggestions are often incorporated into the next amendment in development. For instance, in response to the Queensland Government's Zero Emission Vehicle Strategy and Action Plan, this amendment includes proposed provisions for retroactive installation of electric vehicle charging stations and incorporation into new development. In response to community members requests for more rural lifestyle block options, we have proposed changes to the minimum lot sizes in the rural zone.

For several years council has been fielding a range of enquiries regarding complementary uses (such as farm stays) being established in rural or remote areas that promote additional economic opportunities whilst not compromising the primary use of the land (i.e. agricultural uses such as cattle breeding and fattening). To support these types of activities, it has been suggested that a new precinct known as a Tourism Precinct or Ecotourism Precinct be included to enable such additional activities should a landowner wish to develop. These activities are intended to be small-scale and not affect or impact the dominant Rural use or impact on neighbouring properties.  

In June 2019, the Central Highlands Regional Council (CHRC) resolved at its General Meeting to make a Major Amendment pursuant to Chapter 2, Part 4, of the Minister’s Guidelines and Rules (the MGR).

The amendment was submitted on 3 February 2020.

On 2 March 2020, the Department of State Development, Manufacturing, Infrastructure and Planning paused the timeframe and requested further information.

Since that time, council has worked with the Department to further develop the amendment and ensure that it appropriately reflected state interests, and included workable provisions to support tourism, agriculture, emerging technologies and new and expanding businesses.

At its General Meeting on 14 September 2022, CHRC resolved to formally resubmit the amendment to the state for its review and approval for the Minister to allow public consultation to commence.

On 5 December 2022, the Minister for State Development, Infrastructure, Local Government and Planning advised that council could proceed to public notification.

Once the public consultation period is finalised, council must notify and request that the Minister for State Development, Infrastructure, Local Government and Planning give approval for council to adopt the proposed amendment. 

Following this, the amendment is presented at a General Council Meeting for adoption by council. 

If the decision is made to adopt the amendment, council will publish a public notice notifying the community of the adoption of the amendment. This information will also be provided on this page and in other locations.

Unfortunately, council cannot advise on matters of insurance. You are advised to seek advice from your insurance broker regarding this question.

You way also want to review this website for general information on business insurance - https://business.gov.au/risk-management/insurance

Council officers have made contact with SunWater regarding the question of whether the proposed Tourism precinct around Fairbairn Dam could affect any lease agreements. 

Whilst it is not appropriate for council to comment on behalf of SunWater, it is important to note that the Flood Margin Licence covers the land between the cadastre boundary to the full supply level (FSL). Any development within this area would require engagement with SunWater. 

If however, the proposed development is contained within the lot and plan and does not involve the FSL then the application would be made directly to council by the applicant. 

In the interim, if you have concerns about your Flood Margin Licences (Licence), contact the property services team at property@sunwater.com.au or by phone at 3120 0000.

Council has made a number of enquiries to carbon farming companies and state and federal governments to determine whether the proposed Tourism and Ecotourism precincts should prevent carbon projects (i.e. what is the reasoning, what evidentiary support is there, what are current policies and guidelines saying). 

As these are private entities, it is not appropriate for council to respond on their behalf. Additionally, there are a variety of types of carbon farming projects available and organisations can apply different levels of restrictions or limitations around contracts so what may be correct for one organisation may not apply to another. If you are concerned and wish to involve council in your discussion with the carbon farming entities, council would happily avail themselves. 

The Clean Energy Regulator (CER) is an Australian Government body responsible for accelerating carbon abatement for Australia through the administration of the National Greenhouse and Energy Reporting scheme, Renewable Energy Target and the Emissions Reduction Fund. The Australian Government purchases lowest cost abatement (in the form of Australian carbon credit units) via the Emissions Reduction Fund, from a wide range of sources such as carbon farming projects. 

CER has provided the following information.

"There is nothing specifically that prevents projects from being undertaken in an ecotourism precinct. All proposed projects must meet the requirements of the method, such as land eligibility (section 9 of the method) in order to be declared. For sequestration projects such as soil carbon projects, there are also considerations to be made in terms of permanence obligations. When deciding whether to undertake a project, the proponent can choose a permanence period of either 25 or 100 years. Once the permanence period is nominated, it cannot be varied. If the project proponent then cannot meet these obligations for whatever reasons, the project may be revoked and they may be subject to ACCU surrender or Carbon Maintenance Obligation as a result.

 That being said, it is a private business decision to register a carbon project or to purchase a property with an existing carbon project and the Clean Energy Regulator does not oversee the standards of Carbon Service Providers.

The Carbon Market Institute may be of more assistance to help understand how and why carbon service providers choose their risk profile."

Additional information is available from https://www.cleanenergyregulator.gov.au/. To find out more information about Emissions Reduction Fund (ERF) eligibility criteria they may like to complete the eligibility questionnaire, email enquiries@cleanenergyregulator.gov.au, or call the CER contact centre on 1300 553 542