Gladstone’s Biodiversity Overlay Is Changing: What Developers Need to Know in 2026
Clearing in the Biodiversity Overlay already needs a permit
A Temporary Local Planning Instrument has applied since January 2025, and a full code amendment is now on the way.
If you own, plan or develop land in the Gladstone region, the rules around clearing and building near areas of environmental significance are shifting. Gladstone Regional Council has already tightened controls on vegetation clearing in its mapped Biodiversity Overlay, and it is now progressing a full amendment to the Biodiversity Overlay Code in its planning scheme. For developers and landowners, that means earlier ecological input and clearer reporting expectations before a project can move ahead.
Here is what is changing, who it affects, and what you should be preparing now.
What is the Biodiversity Overlay?
The Biodiversity Overlay in the Gladstone Regional Council planning scheme maps areas of environmental significance - remnant and regrowth vegetation, habitat for protected species, wetlands, watercourses and connective corridors. Where your land intersects this overlay, the Biodiversity Overlay Code sets out what you can do and what assessment is required before you clear vegetation or carry out development.
Not every property is affected, and the overlay does not stop development. It does, however, change the pathway: sites that trigger the overlay generally need ecological assessment to demonstrate that impacts are avoided, minimised or offset. A quick ecological constraints analysis is the fastest way to find out whether your parcel is caught and how significant the constraint is.
What is changing in 2026
Two things are happening in parallel. First, since 24 January 2025 a Temporary Local Planning Instrument (TLPI) has made operational works for vegetation clearing within the mapped Biodiversity Overlay assessable, meaning a development permit is needed before clearing can start. The TLPI is a stop-gap: it is due to cease in January 2027 unless it is repealed or replaced sooner.
Second, council has adopted a three-year Planning Scheme Amendment Roadmap (2026-29) that includes a dedicated Biodiversity Overlay Code amendment. This amendment is expected to fold the TLPI clearing triggers into the planning scheme permanently, simplify the code, and introduce a new Planning Scheme Policy - Biodiversity that spells out how Ecological Assessment Reports and Rehabilitation Plans should be prepared. The amendment is progressing through 2026, with public notification expected as it advances - so now is the time to understand your exposure.
| Aspect | Now (under the TLPI) | Proposed (after the code amendment) |
|---|---|---|
| Clearing in the overlay | Assessable via a temporary instrument | Assessable under the permanent planning scheme code |
| Code structure | Existing Biodiversity Overlay Code | Simplified, updated Biodiversity Overlay Code |
| Reporting guidance | General code provisions | New Planning Scheme Policy setting out how to prepare reports |
| Ecological Assessment Reports | Often required, expectations vary | Clearer, policy-backed preparation requirements |
| Rehabilitation Plans | Case-by-case | Guided by the new Biodiversity policy |
Who this affects
What you will need to prepare
The direction of travel is clear: the region is moving toward defined, policy-backed documentation. The two documents most projects will hinge on are:
Ecological Assessment Reports
The core evidence base for a development application over overlay land.
An ecological assessment report identifies the values on your site - vegetation communities, protected species habitat and connectivity - and sets out how impacts are avoided, minimised or managed. The new Biodiversity policy is expected to standardise what these reports must contain, so a well-scoped report prepared to that standard will carry more weight with assessment officers.
Rehabilitation Plans
How disturbed or offset areas will be restored and maintained.
Where clearing or impacts are unavoidable, a rehabilitation plan shows how affected areas will be re-established and managed over time. Aligning these plans with the incoming Biodiversity policy from the outset avoids costly reworks later.
Depending on your project you may also need a vegetation clearing assessment to work through the permit pathway, or accepted development clearing advice where a self-assessable pathway may apply.
What to do now
Check your mapping
Confirm whether your parcel is caught by the Biodiversity Overlay before you commit to a design or a purchase.
Get ecology in early
An early constraints analysis flags issues while they are still cheap to design around, not after lodgement.
Prepare to the new standard
Scope reports and rehabilitation plans to align with the incoming Biodiversity policy so they hold up through assessment.
Frequently asked questions
Do I need a permit to clear vegetation in Gladstone right now?
If the clearing is within the mapped Biodiversity Overlay, then yes - under the current Temporary Local Planning Instrument, operational works for clearing in the overlay are assessable and require a development permit before work starts. The first step is to confirm whether your land is within the overlay.
Will the code amendment make the rules stricter?
The amendment is aimed at making the controls permanent and clearer rather than simply harsher. It is expected to simplify the Biodiversity Overlay Code and add a policy that explains exactly how to prepare ecological reports, which generally makes assessment more predictable for well-prepared applicants.
My property is not in the overlay - does any of this apply?
If your site does not intersect the Biodiversity Overlay, these particular clearing triggers may not apply. Other state and local vegetation controls can still be relevant, so a short constraints check is worth doing before you clear or develop.
How long does an ecological assessment take?
It depends on the size of the site and the season, since some flora and fauna surveys are timing-dependent. Engaging an ecologist early means survey windows can be planned around your program rather than delaying it.
Developing or clearing land in the Gladstone region? We prepare Ecological Assessment Reports, rehabilitation plans and vegetation clearing assessments across Central Queensland. Request a quote or call (07) 3018 7538.