Strategic Extractive Resource Area: Draft planning control changes

7 minute read  23.10.2024 Joshua Dellios, Allison Tansley and Jemima Jacobson

We explore the implications of the draft planning scheme controls designed to safeguard Victoria's state-significant Strategic Extractive Resource Areas.

The Victorian Department of Transport and Planning (DTP) is seeking feedback on draft planning scheme controls proposed to apply to Strategic Extractive Resources Areas (SERAs) in Lang Lang (Shire of Cardinia), Oaklands Junction (City of Hume) and Trafalgar (Shire of Baw Baw). The draft controls can be accessed on the Victorian Government's Engage website.

The draft controls seek to protect current and potential future quarries in areas where state-significant extractive resources are located from incompatible land uses, development and subdivision. These controls have been developed from the Victorian Government's recognition that well-located, quality strategic extractive resources are crucial to securing affordable housing and infrastructure for Victoria's growing population.

This article sets out the background to the draft controls, explores the meaning of SERAs, summarises the draft controls and their implications.

Background to the strategy

Helping Victoria Grow: Extractive Resources Strategy 2018 prepared by the then Department of Economic Development, Jobs, Transport and Planning (Strategy) was developed to help ensure the long-term supply of quality and affordable extractive resources. The Strategy recognises these resources need to be secured to ensure adequate supply for building housing and infrastructure to accommodate the significant population growth forecasted in Victoria. This is projected to almost double from an estimated 6.8 million in 2023 to 10.3 million by 2051.

The Strategy identifies the need to improve the protection of extractive resource areas in the planning scheme at page 27:

'Though the Victorian planning system recognises some important extractive resource areas, it has not always been possible to prioritise extraction and effectively prevent encroachment upon these resources to date. The current Extractive Industry Interest Areas, as identified in the land use planning system, are too extensive, not consistent with other Government strategic planning documents, and do not provide a binding mechanism to secure extractive resources of strategic importance.'

To address this key issue, the Strategy identified as a priority action, a pilot Strategic Extractive Resource Area project with the aim of reviewing existing planning mechanisms that could be used to protect existing quarries and safeguard potential extractive resources.

In 2020, the Victorian Government commenced the SERA pilot project which resulted in Planning Scheme Amendment VC196. This Amendment introduced state planning policy which designate SERAs for long-term protection of current and potential future quarries, introduced controls to recognise the Werribee-Little River and the Nyoara West SERAs and implemented protections from conflicting with sensitive land uses.

Concurrent with the pilot program, the Strategic Extractive Industries Roadmap was developed to support the implementation of priority actions related to planning in the Strategy, including the roll-out of the planning controls to identify and protect more SERAs.

What is a Strategic Extractive Resources Area (SERA)?

A SERA is an area known to, or likely to, contain a significant supply of extractive resources (such as hard rock or sand) located close to a large population that will be required for construction.

Key attributes of a SERA comprise:

  • It may be a broader area of land with few or no existing quarries (but which is likely to have new long-term supply), or an area covering an existing quarry that has a significant and long-term supply of resources.
  • It is well-serviced by roads and close to where extractive resources are needed to reduce transport costs and emissions.
  • It is located where a quarry will not have unmanageable impacts on the environment or surrounding land uses.
  • It has surrounding environmental attributes that are manageable.
  • It does not change any requirements regarding the requirements for a cultural heritage management plan under the Aboriginal Heritage Act 2006 (Vic).

A SERA is identified in the planning scheme by the application of the State Resource Overlay.

Draft planning controls

The proposed changes to the planning scheme applicable to the Trafalgar, Lang Lang and Oaklands Junction SERAs are summarised by issue below.

Issue: Protections for active quarry areas Navigation Show below Hide below

It is proposed to rezone land within approved work authorities (WAs) to the Special Use Zone. Specifically, it is proposed to:

  • rezone land within two approved WAs to the Special Use Zone – Schedule 6 'Extractive industry' (SUZ6) within the Trafalgar SERA;
  • rezone land within nine approved WAs to the Special Use Zone – Schedule 8 'Extractive industry' (SUZ8) within the Lang Lang SERA; and
  • rezone a parcel of land to the south of the existing Special Use Zone – Schedule 1 (SUZ1) within the Oaklands Junction Work Authority to SUZ1.

Relevant to the Oaklands Junction SERA, it is proposed to rename the existing SUZ1 from 'Earth and energy resources industry' to 'Extractive industry' and update planning provisions in this schedule to better recognise the Oaklands Junction SERA as a quarry.

Issue: Protections for potential quarry areas Navigation Show below Hide below

It is proposed to apply the State Resources Overlay – Schedule 1 (SRO1) to areas that are identified as 'Strategic Extractive Resources Area'. In this case, SRO1 is proposed to be applied to land inside the Trafalgar, Lang Lang and Oaklands Junction SERAs.

Issue: Buffer area protections Navigation Show below Hide below

It is proposed to apply State Resource Overlay – Schedules 2 and 3 (SRO2 and SRO3) to areas surrounding SERAs. The purpose of this overlay is to protect existing and potential future extractive industries within SERAs from sensitive uses establishing or expanding within a specified buffer distance from the relevant SERA.

Specifically, it is proposed to:

  • apply SRO – Schedule 2 'Protecting Extractive Industry' to land up to:
  1. 250 metres outside the Trafalgar SERA; and
  2. 500 metres outside the Oaklands Junction SERA; and
  • apply SRO – Schedule 3 'Protecting Extractive Industry' to SRO3 to land up to 250 metres outside the Lang Lang SERA (this includes some land in South Gippsland Shire Council).

Relevant to the Trafalgar SERA, it is proposed to rename the existing Environmental Significance Overlay – Schedule 3 'Trafalgar Sand Sources' to 'Protecting the Sweetwater Creek Nature Conservation Reserve' and delete planning requirements protecting quarry resources as these are proposed to be contained in the proposed SRO1 and SRO2.

Key elements of the proposed controls

  • Under SRO1, SRO2 and SRO3, a planning permit is required for the use, development and subdivision of land proposed for sensitive land uses near quarries. The proposed schedules define sensitive land uses to include accommodation, education centres (includes a school and child care centre), leisure and recreation, places of assembly and retail premises. Under SUZ1, SUZ6 and SUZ8, most of these uses would be prohibited.
  • Under the schedules to the SRO, the Secretary to the Department administering the Mineral Resources (Sustainable Development) Act 1990 (Vic) (which is currently the Department of Energy, Environment and Climate Action (DEECA)) is a determining referral authority for applications for the use, development and subdivision of land for sensitive land uses. This means that DEECA will be given the ability to direct whether a permit is approved or refused.
  • The responsible authority and the Secretary of DEECA is required to consider current and potential future sand or hard rock resources (as relevant) within the SERA when assessing planning permit applications for sensitive land uses, development and subdivision.
  • Permit applications for a new or extended quarry will be exempt from notice, review and appeal rights in the following circumstances:
  1. the land is located within the SRO1;
  2. the proposal is over 250 metres (Trafalgar SERA and Lang Lang SERA) or 500 meters (Oaklands Junction SERA) from a sensitive land use. As with the difference in buffer areas as outlined above, the difference between the distances reflects that hard rock quarries (Oaklands Junction SERA) usually involve explosive blasting and sand quarries (Trafalgar SERA and Lang Lang SERA) usually do not; and
  3. the land has access to a road in a Transport Zone 2.

This means if the above tests are met, the responsible authority will not provide public notification of the application and its decision cannot be appealed at the Victorian Civil and Administrative Tribunal.

  • An exception to the exemption from notice, review and appeal rights is that the relevant Registered Aboriginal Party (RAP) will receive notice but will not have review or appeal rights by virtue to the proposed changes to the schedule to clause 66.05.

What are the implications of the draft controls?

The draft controls:

  • provide long-term certainty for supplying hard rock and sand resources to Victorian markets;
  • identify locations of existing and potential future strategic resources;
  • ensure sensitive land uses and developments are not located too close to land where quarrying may occur; and
  • protect quarries that are proximate to areas where extracted resources are required to minimise transport costs, emissions and assist in making construction projects more affordable and sustainable.

Compared to the current planning scheme controls applicable to the Lang Lang, Oaklands Junction and Trafalgar SERAs, this proposal strengthens the protection of extractive resources. It does this by clear identification of these resources and ensuring that the extraction of these resources is not comprised by development of surrounding land.

The draft controls do not affect:

  • Clause 52.09 'Extractive industry and extractive industry interest areas'. Therefore, no change is proposed for applications for accommodation in rural zones within 500 metres for current WAs or proposed extractive industry operation; or
  • the requirements for WAs under the Mineral Resources (Sustainable Development) Act 1990 (Vic).

Elements of the draft controls that are worthy of further consideration are the proposed buffer distances, the selection of WAs within SERAs for rezoning, and subdivision requirements.

Inconsistency between proposed buffer distances and current EPA guidance

As set out above, the draft controls propose different buffer distances for hard rock and sand quarries. That is, a 250 metre buffer distance is proposed from Trafalgar SERA and Lang Lang SERA (which predominantly contains sand resources) and a 500 metre buffer distance is proposed from Oaklands Junction SERA (which comprises hard rock resources). These distances were based on the EPA publication 1518 Recommended Separation Distances for Industrial Residual Air Emissions – Guideline (EPA 2013), a document that must be considered in assessing permit applications, as relevant. The EPA Guidelines were updated in August 2024. Under the updated guidelines, a standard buffer of 500 metres is applied for all quarries and a risk assessment is required for all sensitive uses proposed within 500 metres of an existing quarry and for a new or expanded quarry within 500 metres of a sensitive use.

To avoid uncertainty, we query whether the draft controls should reflect the current EPA Guidelines on separation distance. Such an outcome is consistent with the purpose of the draft controls, being to protect areas with extractive resources of strategic value. This would also have implications for when new or extended quarries are exempt from notice, review and appeal rights in the Trafalgar SERA and Lang Lang SERA.

Selection of WAs within SERAs for rezoning

Not all WAs within the SERAs are proposed to be rezoned to SUZ1. Factors that influenced the proposed rezoning include whether:

  • the boundaries of WAs align with lot boundaries; and
  • the land is affected by factors that may prevent future use for extractive industry.

Given the benefits of the SUZ1, holders of WAs within the SERAs that are not proposed to be rezoned may wish to make a submission for inclusion of the WA within the SUZ1.

Subdivision requirements

The subdivision requirements in the Green Wedge Zone, Rural Conservation Zone and Farming Zone are proposed to be replicated in the SUZ for consistency. This means that the SUZ1 will require a minimum subdivision lot size of 40 hectares subject to certain exceptions. It is unclear whether any analysis has been carried out regarding whether there is any planning merit in applying different subdivision requirements in the SUZ1.


Consultation on the draft controls closes on 8 November 2024. Following this, we understand that further discussion may occur with the relevant municipal councils and RAPs to resolve any issues through public consultation. Following this, amendments will be made to relevant planning schemes by the Minister for Planning.

If you have any questions regarding the proposed planning controls and how they will impact your business, please contact MinterEllison's Melbourne Environment and Planning Team.

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