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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Strategic Cropping Land Bill
2011
Queensland
Strategic Cropping Land Bill 2011
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 2 Purposes and application of Act
3 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4 How the purposes are achieved . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
6 Exclusions from this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 Relationship with resource Acts and Environmental Protection
Act .......................................... 19
Part 3 Interpretation
Division 1 Dictionary
8 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 2 Key definitions
Subdivision 1 Definitions about cropping land
9 Strategic cropping land, SCL and decided non-SCL . . . . . . . . . . 20
10 Potential SCL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 SCL principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12 Identified permanently impacted land. . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 2 Definitions about development
13 Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
14 When development has a permanent impact or temporary
impact ........................................ 22
15 When development is in exceptional circumstances . . . . . . . . . . 23
Subdivision 3 Definitions about Acts and authorities under them
16 Planning Act, IDAS and development approval . . . . . . . . . . . . . . 23
17 Resource Act and resource activity . . . . . . . . . . . . . . . . . . . . . . . 24
Strategic Cropping Land Bill 2011
Contents
18 Resource authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19 Environmental authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
20 Source authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3 References in provisions
21 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
22 References for applications and applicants . . . . . . . . . . . . . . . . . 26
23 References in decisions to the land . . . . . . . . . . . . . . . . . . . . . . . 26
24 References to source authorities . . . . . . . . . . . . . . . . . . . . . . . . . 26
Chapter 2 Identifying strategic cropping land
Part 1 Maps, zones, criteria and areas
Division 1 Definitions
25 Trigger map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
26 Zone map and zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
27 Zonal criteria and zonal criteria-compliant land . . . . . . . . . . . . . . 28
28 Protection area map and protection area . . . . . . . . . . . . . . . . . . . 28
29 Management area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
30 Map generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2 Map amendments
Subdivision 1 Preliminary
31 What is a zonal amendment and a protection area amendment . 29
32 When a map amendment is minor . . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision 2 Amendments by chief executive
33 Minor amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
34 Trigger map amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Subdivision 3 Zonal and protection area amendments
35 Power to amend by regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
36 Ministerial notice of proposed amendment. . . . . . . . . . . . . . . . . . 32
37 Ministerial decision on whether to amend . . . . . . . . . . . . . . . . . . 32
Division 3 Access to maps
38 Record-keeping obligations for maps . . . . . . . . . . . . . . . . . . . . . . 33
39 Public access to maps and draft amendments. . . . . . . . . . . . . . . 34
Part 2 Deciding what is strategic cropping land
Division 1 Application stage
Subdivision 1 General provisions for making application
40 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
41 Who is an eligible person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
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42 General application requirements . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 2 Applications relating to a protection area
43 Additional requirement for assessment against zonal criteria . . . 37
Subdivision 3 Applications relating to the management area
44 Additional requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
45 Application must be property-based. . . . . . . . . . . . . . . . . . . . . . . 37
46 What is a property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
47 References to the property in this part for application . . . . . . . . . 38
48 Additional application requirements . . . . . . . . . . . . . . . . . . . . . . . 38
49 When a property has the required cropping history . . . . . . . . . . . 39
50 Things that are not crops for required cropping history . . . . . . . . 40
Subdivision 4 Other provisions
51 Methodology for criteria assessment must comply with any
prescribed guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
52 Public access to application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 2 Notice and submission stage
53 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
54 Notice to owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
55 Public notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
56 Acceptance of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
57 Amending application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3 Decision stage
Subdivision 1 Preliminary
58 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 2 What has to be decided for a protection area
59 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
60 Criteria decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
61 Validation decision if any of the land is zonal criteria compliant . . 45
62 What is the minimum size. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
63 Validation decision otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Subdivision 3 What has to be decided for the management area
64 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
65 Decision if application only addresses required cropping history. 46
66 Decision if application only addresses zonal criteria . . . . . . . . . . 47
67 Both matters addressed--threshold cropping history decision . . 48
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68 Both matters addressed--deciding application if cropping history
decided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Subdivision 4 Making validation decision
69 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
70 Decision period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 Notice and taking effect of decision . . . . . . . . . . . . . . . . . . . . . . . 50
72 Effect of validation decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 4 Appeals against validation decisions
73 Appeal to Planning and Environment Court . . . . . . . . . . . . . . . . . 51
Part 3 Land registry records for particular validation decisions
74 Record required for SCL and decided non-SCL. . . . . . . . . . . . . . 52
75 Correcting, updating or removing registry record (SCL). . . . . . . . 52
Chapter 3 Development on strategic cropping land or potential
strategic cropping land
Part 1 When development is permitted
76 Development with a permanent impact . . . . . . . . . . . . . . . . . . . . 53
77 Development with a temporary impact . . . . . . . . . . . . . . . . . . . . . 54
78 Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
79 Emergency activity defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Part 2 State planning policy and codes
Division 1 Policy and codes for IDAS
80 State planning policy for SCL . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 2 Standard conditions code for resource activities
81 Standard conditions code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 3 Development approvals
Division 1 Preliminary
82 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 2 Requirements for development applications
83 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
84 Requirement that land be, or elected to be treated as, SCL . . . . 57
85 Location requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
86 Development in exceptional circumstances . . . . . . . . . . . . . . . . . 59
87 Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
88 Prescribed matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 3 Miscellaneous provisions
89 Development must comply with mitigation requirement . . . . . . . . 59
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Part 4 Strategic cropping land protection assessment for
environmental and resource authorities
Division 1 Preliminary
90 Application and operation of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2 Restrictions on environmental authority being issued
91 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
92 SCL protection decision required before environmental authority
can be issued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
93 Restriction on issuing authority for identified permanently
impacted land in protection area . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 3 Applying for and obtaining SCL protection decision
Subdivision 1 Assessment applications
94 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
95 General requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
96 Additional requirements for making development application
also apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Subdivision 2 Amending application
97 Amending application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Subdivision 3 Deciding application
98 What must be decided . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
99 SCL protection conditions generally. . . . . . . . . . . . . . . . . . . . . . . 64
100 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
101 Information notice about assessment decision . . . . . . . . . . . . . . 66
102 SCL protection conditions apply to issued authority. . . . . . . . . . . 67
Division 4 SCL protection conditions imposed under Act
103 Condition requiring compliance with mitigation requirement . . . . 67
104 Condition empowering financial assurance changes . . . . . . . . . . 67
105 Condition empowering replenishment of financial assurance . . . 68
Division 5 Other provisions about financial assurance
106 General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
107 New holder must comply with financial assurance condition . . . . 70
Division 6 Appeals against decisions under part
108 Right of appeal to Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
109 Land Court mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
110 Nature of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
111 Land Court's powers for appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 71
112 Decision for appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
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Chapter 4 Exceptional circumstances
Part 1 Prescribed exceptional circumstances
113 Power to prescribe a type of development . . . . . . . . . . . . . . . . . . 72
114 Public notice of proposal and submissions. . . . . . . . . . . . . . . . . . 73
Part 2 Decided exceptional circumstances
Division 1 Application stage
115 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
116 Who must decide exceptional circumstances application . . . . . . 74
117 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
118 What is a significant community benefit . . . . . . . . . . . . . . . . . . . . 75
119 Public access to application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 2 Notice and submission stage
120 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
121 Public notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
122 Acceptance of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
123 Amending application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 3 Decision stage
124 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
125 Chief executive's report if required decider is the Minister . . . . . . 79
126 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
127 Sole criterion for deciding no alternative site . . . . . . . . . . . . . . . . 79
128 Sole criterion for deciding significant community benefit . . . . . . . 80
129 Notice and taking effect of decision . . . . . . . . . . . . . . . . . . . . . . . 81
Division 4 Appeals against exceptional circumstances decision
130 Appeal to Planning and Environment Court . . . . . . . . . . . . . . . . . 81
Chapter 5 Mitigation
Part 1 Preliminary
131 What is mitigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
132 What is the mitigation value of identified permanently impacted
land ............................................ 82
133 What are mitigation measures . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
134 What is a mitigation deed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
135 What are the mitigation criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Part 2 Mitigation for identified permanently impacted land
Division 1 Mitigation requirement
136 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
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137 Prohibition on carrying out development without prior mitigation . 84
Division 2 Mitigation deeds
138 Deed requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
139 Entry into mitigation deed by the chief executive . . . . . . . . . . . . . 86
140 Mitigation deed binds holder's successors . . . . . . . . . . . . . . . . . . 86
Part 3 Strategic cropping land mitigation fund
141 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
142 Purpose and administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
143 Payments from fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
144 Reporting requirement for mitigation measures . . . . . . . . . . . . . . 87
Part 4 Community advisory group
145 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
146 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
147 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Part 5 Miscellaneous provisions
148 Record of and access to mitigation measures . . . . . . . . . . . . . . . 88
149 Mitigation guidelines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Chapter 6 Power to require compliance
Part 1 Stop work notices
150 Power to give stop work notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
151 Requirements for giving stop work notice. . . . . . . . . . . . . . . . . . . 90
152 Offence to contravene stop work notice . . . . . . . . . . . . . . . . . . . . 91
Part 2 Restoration notices
Division 1 General provisions
153 Power to give restoration notice . . . . . . . . . . . . . . . . . . . . . . . . . . 91
154 Requirements for giving restoration notice . . . . . . . . . . . . . . . . . . 92
155 Offence to contravene restoration notice . . . . . . . . . . . . . . . . . . . 93
156 Land registry record of restoration notice. . . . . . . . . . . . . . . . . . . 93
Division 2 Transfers of land the subject of a restoration notice
157 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
158 Transferee becomes a recipient as well . . . . . . . . . . . . . . . . . . . . 94
159 Chief executive may extend compliance period . . . . . . . . . . . . . . 95
Division 3 Miscellaneous provision
160 Chief executive's power to amend restoration notice . . . . . . . . . . 96
Part 3 General provisions about compliance notices
161 Meaning of compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
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162 Declaratory provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
163 Other persons bound by compliance notice . . . . . . . . . . . . . . . . . 97
164 Power to remedy compliance notice contravention . . . . . . . . . . . 98
165 Effect on compliance notice of subsequent acquittal in relevant
proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
Part 4 Appeals against decision to give compliance notice
166 Appeal to Planning and Environment Court . . . . . . . . . . . . . . . . . 99
Chapter 7 Investigation and Enforcement
Part 1 General provisions about authorised persons
Division 1 Appointment
167 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
168 Functions of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . 100
169 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 101
170 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 101
171 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
172 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 2 Identity cards
173 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
174 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 102
175 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 3 Miscellaneous provisions
176 References to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . 103
177 Reference to document includes reference to reproductions
from electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Part 2 Entry of places by authorised persons
Division 1 Power to enter
178 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
179 Procedure for particular entries not by notice or consent or
under a warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Division 2 Entry by consent or after reasonable attempts to locate an
occupier
Subdivision 1 Preliminary
180 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Subdivision 2 Provisions for entry by consent
181 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 107
182 Matters authorised person must tell occupier. . . . . . . . . . . . . . . . 107
183 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
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184 Entry only by warrant or other authorisation if consent refused . . 109
Subdivision 3 Entry after reasonable attempts to locate an occupier
185 Entry power and requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 3 Entry under warrant
Subdivision 1 Obtaining warrant
186 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
187 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
188 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
189 Additional procedure if electronic application . . . . . . . . . . . . . . . . 111
190 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Subdivision 2 Entry procedure
191 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Part 3 Other authorised persons' powers and related matters
Division 1 General powers of authorised persons after entering places
192 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
193 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
194 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 116
195 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 116
Division 2 Powers after entry under stop work notice service power
196 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 3 Seizure by authorised persons and forfeiture
Subdivision 1 Power to seize
197 Seizing evidence at a place that may be entered without
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
198 Seizing evidence at a place that may be entered only with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
199 Seizing thing or sample taken for examination . . . . . . . . . . . . . . . 119
200 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . . 119
Subdivision 2 Powers to support seizure
201 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
202 Offence to contravene other seizure requirement . . . . . . . . . . . . 120
203 Offence to interfere. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Subdivision 3 Safeguards for seized things
204 Receipt and information notice for seized thing . . . . . . . . . . . . . . 121
205 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
206 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
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Subdivision 4 Forfeiture
207 Forfeiture by chief executive decision. . . . . . . . . . . . . . . . . . . . . . 123
208 Information notice about forfeiture decision . . . . . . . . . . . . . . . . . 124
Subdivision 5 Dealing with property forfeited or transferred to State
209 When thing becomes property of the State . . . . . . . . . . . . . . . . . 124
210 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Division 4 Disposal orders
211 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Division 5 Other information-obtaining powers of authorised persons
212 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 126
213 Offence to contravene personal details requirement . . . . . . . . . . 127
214 Power to require production of documents . . . . . . . . . . . . . . . . . . 127
215 Offence to contravene document production requirement . . . . . . 128
216 Offence to contravene document certification requirement . . . . . 129
217 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
218 Offence to contravene information requirement . . . . . . . . . . . . . . 131
Part 4 Other provisions relating to authorised persons
Division 1 Damage
219 Duty to avoid inconvenience and minimise damage. . . . . . . . . . . 131
220 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Division 2 Compensation
221 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
Division 3 Other offences relating to authorised persons
222 Giving authorised person false or misleading information . . . . . . 134
223 Obstructing authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
224 Impersonating authorised person. . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 4 Miscellaneous provision
225 Evidential immunity for individuals complying with particular
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Part 5 Appeals against decisions under chapter
226 Appeal to Magistrates Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Chapter 8 Miscellaneous provisions
Part 1 Science and Technical Implementation Committee
227 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
228 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
229 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
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230 Committee's business and operation . . . . . . . . . . . . . . . . . . . . . . 137
231 Confidentiality relating to committee's functions. . . . . . . . . . . . . . 137
Part 2 General provisions about applications
232 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
233 Requirements for making application . . . . . . . . . . . . . . . . . . . . . . 138
234 Requisition to applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
235 Consequence of failure to comply with application requisition . . . 140
236 Particular criteria generally not exhaustive. . . . . . . . . . . . . . . . . . 140
237 Particular grounds for refusal generally not exhaustive . . . . . . . . 141
238 General power to impose conditions . . . . . . . . . . . . . . . . . . . . . . 141
239 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
240 Power to refund application fee . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Part 3 The decision register
241 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
242 Access to register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Part 4 Executive officers
243 Executive officers must ensure corporation does not commit
SCL offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Part 5 Evidentiary provisions
244 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
245 Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
246 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
247 Evidentiary certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
248 Devices used by authorised person . . . . . . . . . . . . . . . . . . . . . . . 145
249 Remotely sensed image reports . . . . . . . . . . . . . . . . . . . . . . . . . 146
250 Notice of challenge required for matters about devices or
remotely sensed image report . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
Part 6 Offence proceedings
251 Division of offences against Act . . . . . . . . . . . . . . . . . . . . . . . . . . 147
252 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 147
253 Limitation on who may summarily hear indictable offence
proceedings ...................................... 148
254 Proceeding for summary offences . . . . . . . . . . . . . . . . . . . . . . . . 148
255 Alternative offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
256 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 150
257 Conduct of representatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
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Contents
Part 7 General provisions for appeals
258 Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
259 Appeal period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
260 Appeal does not generally affect decision . . . . . . . . . . . . . . . . . . 151
261 Stays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Part 8 Other provisions
262 When documents are served by post . . . . . . . . . . . . . . . . . . . . . . 152
263 References to right to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
264 Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
265 Appropriate fee for purchasing copies . . . . . . . . . . . . . . . . . . . . . 153
266 No compensation because of Act. . . . . . . . . . . . . . . . . . . . . . . . . 153
267 Delegation by Minister, Coordinator-General and chief executive 154
268 Protection of officials from liability . . . . . . . . . . . . . . . . . . . . . . . . 154
269 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
270 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
271 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Chapter 9 Transitional provisions
Part 1 Preliminary
272 Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Part 2 Existing source authorities
273 Existing source authorities not affected . . . . . . . . . . . . . . . . . . . . 156
Part 3 Environmental and resource authority applications
Division 1 General provision
274 Act generally applies for all applications whenever made . . . . . . 157
Division 2 Exclusion of all of Act for particular applications
275 Exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
276 EIS stage completed on or before 31 May 2011 . . . . . . . . . . . . . 158
277 Draft environmental authority on or before 31 May 2011 . . . . . . . 158
Division 3 Exclusion of permanent impact restriction for particular
applications
278 Exclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
279 Applications made and finalised EIS TOR on or before
31 May 2011 ..................................... 159
280 Finalised EIS TOR on or before 31 May 2011 for petroleum
lease application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
281 Existing mining lease and EP or MDL forming a contiguous area 160
282 Future mining lease relating to EPC 891 . . . . . . . . . . . . . . . . . . . 161
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Contents
Division 4 Provision for future environmental authority or mining
lease relating to EPC 891
283 SCL protection conditions imposed . . . . . . . . . . . . . . . . . . . . . . . 161
Part 4 Miscellaneous provisions
284 Effect of regulation amendment . . . . . . . . . . . . . . . . . . . . . . . . . . 162
285 Provision for prescribing major renewable energy projects as
development in exceptional circumstances . . . . . . . . . . . . . . . . . 162
Chapter 10 Amendment of legislation
Part 1 Amendment of Environmental Protection Act 1994
286 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
287 Amendment of s 146 (Purpose of ch 5) . . . . . . . . . . . . . . . . . . . . 163
288 Amendment of s 309A (What this chapter is about). . . . . . . . . . . 163
Part 2 Amendment of Sustainable Planning Regulation 2009
289 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
290 Amendment of sch 7 (Referral agencies and their jurisdictions) . 164
291 Insertion of new sch 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Schedule 13A Excluded matters for SCL or potential SCL
concurrence agency jurisdiction
292 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 166
Schedule 1 Zonal criteria for original zones . . . . . . . . . . . . . . . . . . . . . . . . 168
Part 1 Preliminary
Division 1 Application
1 What sch 1 is about . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
2 References to land or soil are to sites . . . . . . . . . . . . . . . . . . . . . 168
Division 2 Publication definitions
3 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
4 Defined publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
Division 3 Drainage
5 Favourable drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
6 Satisfactory drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
7 Waterlogged layer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
Division 4 Rockiness
8 Rockiness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
9 Bedrock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
10 Weathered rock . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Division 5 Other definitions
11 Chloride content . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
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Contents
12 Electrical conductivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
13 Gilgai microrelief. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
14 Soil pH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
15 Rigid soils and non-rigid soils. . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
16 Slope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
17 Soil depth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
18 Soil physico-chemical limitation . . . . . . . . . . . . . . . . . . . . . . . . . . 174
19 Soil water storage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
20 Surface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Part 2 Criteria
Division 1 Western Cropping zone
Division 2 Eastern Darling Downs zone
Division 3 Coastal Queensland zone
Division 4 Wet Tropics zone
Division 5 Granite Belt zone
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Page 14
2011
A Bill
for An Act about land that is highly suitable for cropping, and to
amend the Environmental Protection Act 1994 and the
Sustainable Planning Regulation 2009 for particular purposes
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 1 Introduction
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Part 1 Introduction 3
1 Short title 4
This Act may be cited as the Strategic Cropping Land Act 5
2011. 6
2 Commencement 7
This Act commences on the day (the commencement) that is 8
the later of the following days-- 9
(a) the date of assent; 10
(b) 30 January 2012. 11
Part 2 Purposes and application of 12
Act 13
3 Purposes of Act 14
The purposes of this Act are to-- 15
(a) protect land that is highly suitable for cropping; and 16
(b) manage the impacts of development on that land; and 17
(c) preserve the productive capacity of that land for future 18
generations. 19
Page 16
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 2 Purposes and application of Act
[s 4]
4 How the purposes are achieved 1
(1) To achieve its purposes, this Act-- 2
(a) identifies areas in which land that is likely to be highly 3
suitable for cropping may exist (called `potential SCL'); 4
and 5
(b) has provisions for deciding whether or not land is highly 6
suitable for cropping (called `strategic cropping land' or 7
`SCL'); and 8
(c) establishes-- 9
(i) protection areas and the management area for SCL 10
and potential SCL; and 11
(ii) principles to protect land that is SCL or potential 12
SCL and to manage the impacts of development on 13
it. 14
(2) Management of the impacts on land that is SCL or potential 15
SCL is achieved by-- 16
(a) an assessment under this Act for development under 17
particular other Acts; and 18
(b) imposing conditions on the development. 19
(3) To the extent the land is in a protection area and the impacts 20
are permanent, this Act-- 21
(a) prevents the development, unless it is in exceptional 22
circumstances; or 23
(b) if the development is in exceptional circumstances, 24
requires mitigation for the land. 25
(4) To the extent the land is in the management area and the 26
impacts are permanent, this Act requires mitigation for the 27
land. 28
Page 17
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 2 Purposes and application of Act
[s 5]
5 Act binds all persons 1
(1) This Act binds all persons, including the State and, to the 2
extent the legislative power of the Parliament permits, the 3
Commonwealth and the other States. 4
(2) However, the Commonwealth or a State can not be prosecuted 5
for an offence against this Act. 6
6 Exclusions from this Act 7
(1) This Act does not apply to any of the following matters or 8
activities relating to them-- 9
(a) the construction or maintenance of a road; 10
(b) development relating to transport infrastructure or 11
ancillary works or encroachments under the Transport 12
Infrastructure Act 1994 (TIA); 13
(c) the construction or maintenance of a transmission grid 14
or supply network under the Electricity Act 1994; 15
(d) strategic port land under the TIA; 16
(e) the following entity's functions under the State 17
Development Act, other than under part 4 of that Act-- 18
(i) the Governor in Council; 19
(ii) the Minister administering that Act; 20
(ii) the Coordinator-General; 21
(f) the undertaking, under the State Development Act, of 22
works or development-- 23
(i) by or for a local body that have been authorised or 24
directed under that Act or an agreement approved 25
under that Act; or 26
(ii) in a State development area under an approved 27
development scheme; 28
Page 18
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 7]
(g) a use of land in a State development area under an 1
approved development scheme or an approval by the 2
Coordinator-General that has not lapsed; 3
(h) development outside of a zone. 4
(2) In this section-- 5
approved development scheme means an approved 6
development scheme subsisting under the State Development 7
Act. 8
7 Relationship with resource Acts and Environmental 9
Protection Act 10
Subject to section 6, this Act applies despite any resource Act 11
or the Environmental Protection Act. 12
Part 3 Interpretation 13
Division 1 Dictionary 14
8 Dictionary 15
The dictionary in schedule 2 defines particular words used in 16
this Act. 17
Page 19
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 9]
Division 2 Key definitions 1
Subdivision 1 Definitions about cropping land 2
9 Strategic cropping land, SCL and decided non-SCL 3
(1) Strategic cropping land is land recorded in the decision 4
register as being SCL. 5
(2) SCL is strategic cropping land. 6
(3) Decided non-SCL is land recorded in the decision register as 7
not being SCL. 8
10 Potential SCL 9
(1) Potential SCL is land in an area shown on the trigger map as 10
being potential SCL. 11
(2) However, that land ceases to be potential SCL if, because of a 12
validation decision it becomes SCL or decided non-SCL. 13
11 SCL principles 14
(1) The SCL principles are the following principles-- 15
· protection 16
· avoidance 17
· minimisation 18
· mitigation 19
· productivity. 20
(2) The protection principle is to protect SCL and that, except in 21
exceptional circumstances, doing so takes precedence over all 22
development interests. 23
(3) The avoidance principle is that if it is reasonably practicable 24
to do so, development must avoid SCL. 25
Page 20
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 12]
(4) The minimisation principles are that development must-- 1
(a) wherever possible, minimise its impacts on SCL; and 2
(b) if the impacts of development on SCL are temporary, 3
fully restore the SCL to its pre-development condition. 4
(5) The mitigation principles are that-- 5
(a) for identified permanently impacted land-- 6
(i) the mitigation requirement can only be relied on if 7
the impacts of the development can not otherwise 8
be reasonably avoided or minimised; and 9
(ii) if the mitigation requirement can be relied on, 10
mitigation measures must have a value at least 11
equal to the loss of the land's productive capacity 12
as cropping land; and 13
(b) mitigation measures must have a positive and enduring 14
effect on the future productivity of cropping in the State. 15
(6) The productivity principle is that SCL must be conserved for 16
the future productivity of cropping in the State. 17
(7) The mitigation requirement is the requirement under section 18
137 to have mitigation in place before carrying out, or 19
allowing the carrying out of, development on identified 20
permanently impacted land. 21
12 Identified permanently impacted land 22
Identified permanently impacted land is land decided under 23
section 98(1)(a)(ii) or the Planning Act as being land on 24
which development will have a permanent impact on SCL or 25
potential SCL. 26
Page 21
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 13]
Subdivision 2 Definitions about development 1
13 Development 2
(1) Development is an activity for which a development approval 3
or resource authority is required to lawfully carry out the 4
activity. 5
(2) In this Act, a reference to development includes a reference to 6
the carrying out of the activity. 7
14 When development has a permanent impact or temporary 8
impact 9
(1) Carrying out development on SCL or potential SCL has a 10
permanent impact on the land if-- 11
(a) the carrying out impedes the land from being cropped 12
for at least 50 years; or 13
Example-- 14
drilling or wells under a resource Act carried out on the land at a 15
level or density which, or the cumulative effects of which, 16
impede it from being cropped for at least 50 years 17
(b) because of the carrying out, the land can not be restored 18
to its pre-development condition; or 19
(c) the activity is or involves-- 20
(i) open-cut mining; or 21
(ii) storing hazardous mine wastes, including, for 22
example, tailings dams, overburden or waste rock 23
dumps. 24
(2) For subsection (1)(a), it does not matter whether the 25
impediment is legal or physical. 26
Example of a legal impediment-- 27
a restrictive covenant impeding cropping 28
(3) A regulation may prescribe-- 29
Page 22
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 15]
(a) for subsection (1)(a)-- 1
(i) development that, if carried out on SCL or 2
potential SCL, is taken to impede, or not impede, 3
the land from being cropped for at least 50 years; 4
or 5
(ii) a level or density for a temporary activity which, if 6
carried out at a higher level or density, is taken to 7
impede, or not impede, the land from being 8
cropped for at least 50 years; or 9
(b) for subsection (1)(b)--development the carrying out of 10
which is taken to cause, or not cause, the land to be 11
unable to be restored to its pre-development condition. 12
(4) Carrying out development on SCL or potential SCL has a 13
temporary impact on the land if-- 14
(a) the carrying out does not have a permanent impact on 15
the land under subsections (1) to (3); or 16
(b) it is development of a type prescribed under a 17
regulation. 18
15 When development is in exceptional circumstances 19
Development is in exceptional circumstances if it is-- 20
(a) development of a type prescribed under section 113(1); 21
or 22
(b) decided to be so under section 126(2). 23
Subdivision 3 Definitions about Acts and 24
authorities under them 25
16 Planning Act, IDAS and development approval 26
(1) The Planning Act is the Sustainable Planning Act 2009. 27
Page 23
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 17]
(2) IDAS is the system detailed in the Planning Act, chapter 6 for 1
integrating State and local government assessment and 2
approval processes for development. 3
(3) A development approval is a development approval as defined 4
under the Planning Act, schedule 3. 5
17 Resource Act and resource activity 6
(1) A resource Act is any of the following-- 7
(a) the Geothermal Energy Act 2010 and the Geothermal 8
Exploration Act 2004 (both a Geothermal Act); 9
(b) the Greenhouse Gas Storage Act 2009 (the GHG 10
Storage Act); 11
(c) the Mineral Resources Act 1989 (the Mineral 12
Resources Act); 13
(d) the Petroleum Act 1923 (the 1923 Act); 14
(e) the Petroleum and Gas (Production and Safety) Act 15
2004 (the P&G Act). 16
(2) A resource activity means, for a provision about-- 17
(a) a resource authority--an activity relating to the 18
authority that its holder is entitled to carry out under the 19
authority or the relevant resource Act; or 20
(b) a proposed resource authority--an activity relating to 21
the proposed authority that, if it is granted, its holder 22
will be entitled to carry out under the authority or the 23
relevant resource Act. 24
(3) In this Act, a reference to a resource activity includes a 25
reference to the carrying out of the activity. 26
(4) In this section-- 27
relevant resource Act means the resource Act under which 28
the authority is granted, or the proposed authority will, if 29
granted, be granted. 30
Page 24
Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 18]
18 Resource authority 1
A resource authority is any of the following-- 2
(a) a permit or geothermal tenure under a Geothermal Act; 3
(b) a GHG authority under the GHG Storage Act; 4
(c) a mining tenement under the Mineral Resources Act; 5
(d) a 1923 Act petroleum tenure under the 1923 Act; 6
(e) a petroleum authority under the P&G Act. 7
19 Environmental authority 8
An environmental authority is an environmental authority as 9
defined under the Environmental Protection Act, schedule 4. 10
20 Source authority 11
A source authority is-- 12
(a) a development approval; or 13
(b) a resource authority; or 14
(c) an environmental authority. 15
Division 3 References in provisions 16
21 Functions 17
In this Act-- 18
(a) a reference to a function includes a reference to a power; 19
and 20
(b) a reference to performing a function includes a 21
reference to exercising a power. 22
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Strategic Cropping Land Bill 2011
Chapter 1 Preliminary
Part 3 Interpretation
[s 22]
22 References for applications and applicants 1
(1) In this Act, a reference to an application for a resource 2
authority includes a reference to-- 3
(a) a tender for the authority under a resource Act; and 4
(b) an application for any of the following for an existing 5
source authority-- 6
(i) an amendment; 7
(ii) a renewal; 8
(iii) a re-grant. 9
(2) In a provision of this Act about an application-- 10
(a) a reference to the applicant, or to a person who may 11
make an application, includes a reference to the 12
following-- 13
(i) the person who has made or may make the 14
application; 15
(ii) anyone else in whom the benefit of the application 16
vests from time to time; and 17
(b) subject to schedule 1, section 2, a reference to the land is 18
a reference to the land the subject of the application; and 19
(c) if the application is about development--a reference to 20
the development is a reference to the development the 21
subject of the application. 22
23 References in decisions to the land 23
In a provision of this Act about a decision, a reference to the 24
land is a reference to the land the subject of the decision. 25
24 References to source authorities 26
In a provision of this Act about a source authority-- 27
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Strategic Cropping Land Bill 2011
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Part 1 Maps, zones, criteria and areas
[s 25]
(a) a reference to the land is a reference to the land the 1
subject of the source authority or to which it attaches; 2
and 3
(b) a reference to the development is a reference to-- 4
(i) if the source authority is a development 5
approval--development authorised under the 6
approval; or 7
(ii) if the source authority is a resource authority--a 8
resource activity for the authority. 9
Chapter 2 Identifying strategic 10
cropping land 11
Part 1 Maps, zones, criteria and areas 12
Division 1 Definitions 13
25 Trigger map 14
The trigger map is the electronic map called `Trigger Map for 15
Strategic Cropping Land in Queensland' held by the 16
department, as amended from time to time under division 2. 17
Note-- 18
For access to maps defined under this part see section 39. 19
26 Zone map and zone 20
(1) The zone map is the electronic map called `Strategic 21
Cropping Land Zone Map' held by the department, as 22
amended from time to time under division 2. 23
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Part 1 Maps, zones, criteria and areas
[s 27]
(2) A zone is-- 1
(a) generally--an area shown as a zone on the zone map; 2
and 3
(b) for a provision about particular land--the zone the land 4
is in. 5
(3) In this Act, a reference to a named zone is a reference to the 6
zone given that name in the zone map. 7
27 Zonal criteria and zonal criteria-compliant land 8
(1) The zonal criteria are-- 9
(a) for a zone mentioned in schedule 1--the criteria the 10
schedule states for land in the zone to be decided as 11
SCL; or 12
(b) for a new zone prescribed under section 35(1)--the 13
criteria prescribed under the section. 14
(2) If a provision about particular land refers to the zonal criteria 15
without identifying any particular zone, the reference is to the 16
criteria for the zone the land is in. 17
(3) Land that complies with the zonal criteria is zonal criteria 18
compliant. 19
28 Protection area map and protection area 20
(1) The protection area map is the electronic map of that name 21
held by the department, as amended from time to time under 22
division 2. 23
(2) A protection area is an area shown as a protection area on the 24
protection area map. 25
29 Management area 26
The management area is what is left of the combined area of 27
all zones, after taking from the combined area all protection 28
areas. 29
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Part 1 Maps, zones, criteria and areas
[s 30]
30 Map generally 1
A map, without any reference to any particular type of map, is 2
any map defined under this division, as currently in force. 3
Division 2 Map amendments 4
Subdivision 1 Preliminary 5
31 What is a zonal amendment and a protection area 6
amendment 7
(1) A zonal amendment is an amendment, other than a minor 8
amendment, of the zone map to change a zone's area or 9
include a new zone. 10
(2) A protection area amendment is an amendment, other than a 11
minor amendment, of the protection area map to change a 12
protection area or include a new protection area. 13
32 When a map amendment is minor 14
(1) A map amendment is minor only if it does not change what is 15
or is not potential SCL and-- 16
(a) it corrects a minor error; or 17
(b) it corrects, or more accurately shows, the boundary, 18
including, for example, because of the making of a 19
replacement cadastral map; or 20
(c) there has been a boundary change and the amendment 21
is-- 22
(i) for any of the maps--to reflect the change; or 23
(ii) for the zone map or protection area map--to 24
ensure no lot is partly inside and partly outside a 25
zone or area shown on the map. 26
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[s 33]
(2) An amendment under subsection (1)(c)(ii) may be made to 1
include or exclude a lot from the zone or area. 2
(3) An amendment to remove potential SCL from the trigger map 3
is minor if the only effect of the amendment is to remove land 4
to which this Act does not apply under section 6. 5
(4) To remove any doubt, it is declared that a failure to remove 6
land under subsection (3) does not limit or otherwise affect 7
the operation of section 6. 8
Subdivision 2 Amendments by chief executive 9
33 Minor amendments 10
(1) The chief executive may make a minor amendment of a map. 11
(2) However, the amendment does not take effect until the chief 12
executive publishes a notice of the amendment on the 13
department's website. 14
(3) The notice must state the type of amendment and the zone or 15
area affected by it. 16
34 Trigger map amendments 17
(1) The chief executive may amend the trigger map to add or 18
remove potential SCL. 19
(2) However, before making the amendment, the chief executive 20
must consider the required criteria. 21
(3) The amendment does not take effect until it is approved under 22
a regulation. 23
(4) In this section-- 24
required criteria means-- 25
(a) for an addition--the land to be added is likely to be 26
highly suitable for cropping; or 27
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[s 35]
(b) for a removal--the land to be removed is not likely to be 1
highly suitable for cropping. 2
Notes-- 3
1 An amendment to add land as potential SCL does not affect existing 4
source authorities for the land. See section 78. 5
2 An amendment to remove land as potential SCL does not affect the 6
mitigation requirement applying to the land if, before the removal, 7
it was identified permanently impacted land. See section 137(4). 8
3 For the effect of the addition on resource activities, see section 9
90(2). 10
Subdivision 3 Zonal and protection area 11
amendments 12
35 Power to amend by regulation 13
(1) Subject to the Minister complying with sections 36 and 37, a 14
regulation may make a zonal amendment or protection area 15
amendment. 16
(2) The regulation must state each of the following-- 17
(a) the type of amendment; 18
(b) any zone or area affected by the amendment; 19
(c) if the amendment adds a new zone or protection 20
area--the name of the new zone or area; 21
(d) for a zonal amendment adding a new zone--the 22
following for the zone-- 23
(i) the minimum size for land; 24
(ii) the zonal criteria. 25
Note-- 26
See also section 39(2) to (5). 27
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Part 1 Maps, zones, criteria and areas
[s 36]
36 Ministerial notice of proposed amendment 1
(1) The Minister must publish a notice about a proposed zonal 2
amendment or protection area amendment in a newspaper 3
circulating generally in the area of-- 4
(a) for a zonal amendment--the zone to be amended or the 5
proposed new zone; or 6
(b) for a protection area amendment--the protection area to 7
be amended or the proposed new protection area. 8
(2) The notice must state all of the following-- 9
(a) for a zonal amendment-- 10
(i) if no new zone is proposed--a general description 11
of the amended zone; or 12
(ii) for a proposed new zone-- 13
(A) a general description and the name of, and 14
the proposed zonal criteria for, the zone; and 15
(B) the minimum size proposed to be prescribed 16
under section 35(2)(d)(i); 17
(b) for a protection area amendment--a description of the 18
amended protection area or proposed new protection 19
area; 20
(c) that the proposed amendment is available for viewing on 21
the department's website; 22
(d) that anyone may make a submission to the Minister 23
about the matters in the notice within a stated period of 24
at least 21 days. 25
(3) A general description under subsection (2)(a) may be by a 26
map. 27
37 Ministerial decision on whether to amend 28
(1) Before the Minister may recommend to the Governor in 29
Council the making of regulation for a zonal amendment or 30
protection area amendment, the Minister must consider-- 31
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Part 1 Maps, zones, criteria and areas
[s 38]
(a) all submissions made under section 36 within the period 1
stated in the notice under the section; and 2
(b) the required criteria. 3
(2) In this section-- 4
required criteria means-- 5
(a) for a zonal amendment to add a new zone or include 6
land in a zone--that land in the proposed zone or to be 7
included in a zone is likely to be highly suitable for 8
cropping; or 9
(b) for a zonal amendment to remove land from a 10
zone--that the land is not likely to be highly suitable for 11
cropping; or 12
(c) for a protection area amendment-- 13
(i) that land in the amended or proposed protection 14
area is likely to be highly suitable for cropping; 15
and 16
(ii) the protection principle under the SCL principles. 17
Division 3 Access to maps 18
38 Record-keeping obligations for maps 19
(1) The chief executive must keep digital electronic information 20
that-- 21
(a) allows the exact location of the boundaries shown on 22
each map to be identified; and 23
(b) includes the coordinates of corners and bends in the 24
boundaries. 25
(2) The chief executive must continue to keep the information, 26
including information about any amendment under division 2. 27
(3) The information so kept is taken to form part of the maps. 28
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Part 1 Maps, zones, criteria and areas
[s 39]
39 Public access to maps and draft amendments 1
(1) The chief executive must-- 2
(a) keep the maps published on the department's website; 3
and 4
(b) make the maps available for inspection and purchase. 5
Note-- 6
On the commencement, the department's website address was 7
and the regional offices were stated on 8
the website. 9
(2) Subsections (3) to (5) apply for a zonal amendment or 10
protection area amendment or an amendment under section 11
34. 12
(3) The chief executive must make a draft map showing the 13
amendment. 14
(4) Subsection (1) applies to the draft as if it were a map. 15
(5) Subsection (4) ceases to apply if, under the Statutory 16
Instruments Act 1992, section 50, the proposed regulation for 17
the amendment is disallowed or no disallowance motion is 18
passed. 19
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Strategic Cropping Land Bill 2011
Chapter 2 Identifying strategic cropping land
Part 2 Deciding what is strategic cropping land
[s 40]
Part 2 Deciding what is strategic 1
cropping land 2
Division 1 Application stage 3
Subdivision 1 General provisions for making 4
application 5
40 Who may apply 6
(1) An eligible person for any land in a zone may apply (a 7
validation application) to the chief executive to decide (a 8
validation decision) whether to record any of the land in the 9
decision register as SCL or as decided non-SCL (either a final 10
decision). 11
(2) However, a validation application (the prohibited application) 12
can not be made-- 13
(a) if a final decision has already been made for the land; or 14
(b) if the prohibited application is for land in a protection 15
area and there is a pending validation application for the 16
land; or 17
(c) for a property in the management area if, under division 18
3, subdivision 3, a cropping history decision would be 19
required for the prohibited application and-- 20
(i) a cropping history decision has already been made 21
for the property; or 22
(ii) there is a pending validation application and the 23
subdivision requires a cropping history decision 24
for the same property and that decision has not 25
been made; or 26
(d) for a property in the management area if, under division 27
3, subdivision 3, a criteria decision would be required 28
for the prohibited application and-- 29
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[s 41]
(i) a criteria decision has already been made for the 1
property; or 2
(ii) there is a pending validation application for which 3
the subdivision requires a criteria decision for the 4
property and that decision has not been made. 5
(3) In this section-- 6
pending, for a validation application, means the application 7
has not been decided, withdrawn or lapsed. 8
Note-- 9
For when a validation application can lapse, see section 235. 10
41 Who is an eligible person 11
An eligible person, for land, means any of the following-- 12
(a) the owner of the land, or, if it has more than 1 owner, 13
any of its owners; 14
(b) anyone else holding a legal or equitable interest in the 15
land; 16
(c) a person who has the written consent to make the 17
application from the owner of the land, or, if it has more 18
than 1 owner, any of its owners; 19
(d) a person who, under a resource Act, has made an 20
application or a tender for a tenure; 21
(e) if the land is in the management area and forms part of a 22
property--someone who, under any of paragraphs (a) to 23
(d), is an eligible person for a part of the land. 24
42 General application requirements 25
A validation application must-- 26
(a) be made to the chief executive in the approved form; and 27
(b) be accompanied by the fee prescribed under a 28
regulation; and 29
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[s 43]
(c) describe all of the land and state the real property 1
description of each lot that forms it; and 2
(d) if the applicant claims that only part of the land should 3
be recorded in the decision register as SCL or decided 4
non-SCL--include a map showing that part; and 5
(e) state what validation decision the applicant seeks; and 6
(f) include any other information prescribed under a 7
regulation. 8
Subdivision 2 Applications relating to a protection 9
area 10
43 Additional requirement for assessment against zonal 11
criteria 12
To the extent the land is in a protection area, a validation 13
application must also include an assessment of whether or not 14
the land is zonal criteria compliant. 15
Subdivision 3 Applications relating to the 16
management area 17
44 Additional requirements 18
This subdivision applies for a proposed validation application 19
relating to the management area. 20
45 Application must be property-based 21
The application can only be made for 1 whole property or for 22
2 or more whole properties. 23
46 What is a property 24
(1) A property is an area-- 25
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Strategic Cropping Land Bill 2011
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Part 2 Deciding what is strategic cropping land
[s 47]
(a) consisting of a lot or lots that are-- 1
(i) owned by the same person or that have 1 or more 2
common owners; or 3
(ii) managed as a single agricultural unit; and 4
(b) for an area mentioned in paragraph (a) that consists of 5
more than 1 lot--are contiguous, other than for any road 6
or watercourse between any of them. 7
(2) In this section-- 8
watercourse see the Water Act 2000, section 5. 9
47 References to the property in this part for application 10
In this part, a reference to a property or the property is, for the 11
application, a reference to the following-- 12
(a) if the application is for only 1 property--the property; 13
(b) if the application is for 2 or more properties--each of 14
the properties, separately. 15
Note-- 16
If there is more than 1 property, a separate cropping history decision 17
must be made for each. See division 3, subdivision 3. 18
48 Additional application requirements 19
The application must include an assessment of-- 20
(a) if no earlier validation application has been made for the 21
property, one or both of the following-- 22
(i) whether or not the property has the required 23
cropping history; 24
(ii) whether or not the property is zonal criteria 25
compliant; or 26
(b) if an earlier validation decision has been made for the 27
property-- 28
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[s 49]
(i) if the earlier decision was that the property has the 1
required cropping history--whether or not the 2
property is zonal criteria compliant; or 3
(ii) if the earlier decision was that the property is zonal 4
criteria compliant--whether or not the property 5
has the required cropping history. 6
49 When a property has the required cropping history 7
(1) A property has the required cropping history only if either of 8
the following uses applied for any of the property and an 9
exception under section 50 did not apply to the use-- 10
(a) it was cropped or cultivated (other than for a perennial 11
crop) at least 3 times from 1 January 1999 to 31 12
December 2010; 13
(b) for periods totalling 3 years or more from 1 January 14
1999 to 31 December 2010, perennial crops or timber 15
plantations existed on the property. 16
Example-- 17
the cultivation of an orchard on the same part of the property for 18
a total period of 3 years 19
(2) The following apply for subsection (1)-- 20
(a) if the uses applied for only part of the property and an 21
exception under section 50 did not apply to the use, it 22
does not matter to what use the rest of the property was 23
put during the relevant period; 24
(b) the crop, cultivation, tree crops or timber plantations do 25
not need to be for sale; 26
(c) the 3 crops or cultivations do not need to be consecutive, 27
but can not be grown simultaneously in the same season; 28
Example of crops grown simultaneously-- 29
2 crops grown on separate parts of the property during the same 30
season 31
(d) the 3 years do not need to be consecutive. 32
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Strategic Cropping Land Bill 2011
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Part 2 Deciding what is strategic cropping land
[s 50]
50 Things that are not crops for required cropping history 1
(1) For section 49, the exceptions are-- 2
(a) use as a carbon sequestration forest; or 3
(b) any of the following uses for domestic purposes on the 4
property-- 5
(i) an orchard; 6
(ii) a tree crop; 7
(iii) vegetable garden. 8
(2) In this section-- 9
carbon sequestration forest means trees or vegetation-- 10
(a) being grown for a process under which they absorb 11
carbon dioxide from the atmosphere; and 12
(b) that are the subject of a legally enforceable constraint 13
not to harvest or remove. 14
legally enforceable constraint includes a restrictive covenant. 15
Subdivision 4 Other provisions 16
51 Methodology for criteria assessment must comply with 17
any prescribed guidelines 18
(1) The methodology for an applicant's assessment of whether or 19
not land is, under section 43 or 48, zonal criteria compliant 20
must comply with any guidelines prescribed under a 21
regulation (criteria guidelines). 22
(2) Criteria guidelines must provide for-- 23
(a) an assessment of the land, using sampling from sites on 24
the land; and 25
(b) how the sites must be worked out; and 26
(c) how the sampling and other things that must form the 27
assessment must be carried out. 28
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[s 52]
Note-- 1
For other relevant provisions about applications, see chapter 8, part 2. 2
52 Public access to application 3
Until a validation application is decided, lapses or is 4
withdrawn, the chief executive must-- 5
(a) keep details of it published on the department's website; 6
and 7
(b) make it available for inspection and purchase. 8
Division 2 Notice and submission stage 9
53 Application of div 2 10
This division applies-- 11
(a) generally--at the end of 14 days after the making of the 12
application; or 13
(b) if, within the 14 days, the applicant is given-- 14
(i) an application requisition--on the day the 15
requisition is complied with; or 16
(ii) a notice by the chief executive stating an 17
application requisition will not be given for the 18
application--on the day the notice is given. 19
54 Notice to owners 20
(1) If the validation application is made for land or a property 21
with more than 1 owner and not all of the owners are 22
applicants, the applicant must give all of the owners a copy of 23
the application. 24
(2) If the validation application is made by someone other than an 25
owner of the land or the property, the applicant must give all 26
of the owners of the land or property a copy of the application. 27
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[s 55]
55 Public notice of application 1
(1) As soon as practicable after making the validation application, 2
the applicant must publish a notice (an application notice) 3
about the application in a newspaper circulating in each local 4
government area that includes the land. 5
(2) An application notice must state the following-- 6
(a) that the applicant has applied for a decision about 7
whether or not the land is SCL; 8
(b) that details of the application are kept on the 9
department's website; 10
(c) how, under section 52, the application may be inspected; 11
(d) a sufficient description of the land; 12
(e) if the land is in a protection area, the area's name; 13
(f) each zone the land is in; 14
(g) that anyone may make a submission to the chief 15
executive about the application; 16
(h) that submissions must address all or any of the 17
following-- 18
(i) if the land is in a protection area--the zonal 19
criteria; 20
(ii) if the land is in the management area--the matters 21
mentioned in section 44; 22
(i) that submissions may be made only within a stated 23
period after publication of the notice (the submission 24
period); 25
(j) any other matter prescribed under a regulation. 26
(3) For subsection (2)(d), a description is sufficient only if it 27
allows members of the public to identify the land's location 28
without conducting a land registry search. 29
(4) The submission period can not be less than 21 days after the 30
later of the following-- 31
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[s 56]
(a) the making of the publication; 1
(b) if the application is amended--the amendment of the 2
application. 3
(5) An application notice may be included in a publication under 4
another Act about any of the following for the land so long as, 5
to the extent the publication relates to the notice, it complies 6
with this section-- 7
(a) a resource authority application; 8
(b) an environmental authority application; 9
(c) an EIS. 10
56 Acceptance of submissions 11
(1) The chief executive must accept a submission about the 12
validation application if the submission-- 13
(a) is signed by or for each submitter; and 14
(b) states the name and address of each submitter; and 15
(c) is made to the chief executive; and 16
(d) complies with section 55(2)(h); and 17
(e) is received on or before the last day of the submission 18
period. 19
(2) The chief executive may, but need not, accept a submission 20
about the validation application made after the submission 21
period ends. 22
57 Amending application 23
(1) This section provides for when an applicant may amend a 24
validation application. 25
(2) An amendment can only be made if the application as 26
amended complies with division 1. 27
(3) The following may be made at any time before the application 28
is decided-- 29
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Strategic Cropping Land Bill 2011
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[s 58]
(a) a minor amendment; 1
(b) an amendment the chief executive is satisfied would not 2
adversely affect the public's ability to make a 3
submission about the application. 4
(4) An amendment other than one provided for under subsection 5
(3) may be made only before an application notice is 6
published for the application under section 55. 7
Division 3 Decision stage 8
Subdivision 1 Preliminary 9
58 Application of div 3 10
This division applies at the end of the submission period for a 11
validation application that has not lapsed or been withdrawn. 12
Subdivision 2 What has to be decided for a 13
protection area 14
59 Application of sdiv 2 15
This subdivision applies to the extent the land is in a 16
protection area. 17
60 Criteria decision 18
The chief executive must decide whether any of the land is 19
zonal criteria compliant (a criteria decision). 20
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[s 61]
61 Validation decision if any of the land is zonal criteria 1
compliant 2
(1) This section applies if the criteria decision is that all or any of 3
the land is zonal criteria compliant (the decided land). 4
(2) The validation decision for the application must be that the 5
decided land is to be recorded in the decision register as being 6
SCL if-- 7
(a) the decided land is at least of the minimum size; or 8
(b) the decided land is contiguous with any of the following 9
land (eligible land) and the total area of the decided land 10
and the eligible land is at least of the minimum size-- 11
(i) SCL; 12
(ii) potential SCL; 13
(iii) land the chief executive reasonably believes is 14
likely to be highly suitable for cropping. 15
62 What is the minimum size 16
The minimum size, for land or a part of land, is the following 17
size for the following zones-- 18
(a) for the Western Cropping zone--100ha and at least 80m 19
wide; 20
(b) for the Eastern Darling Downs zone--50ha and at least 21
50m wide; 22
(c) for the Coastal Queensland zone, Granite Belt zone or 23
Wet Tropics zone--10ha and at least 30m wide; 24
(d) for a zone prescribed under section 35(1)--the size 25
prescribed under that regulation. 26
63 Validation decision otherwise 27
To the extent the land does not comply with section 61(2), the 28
validation decision for the application must be that the land is 29
to be recorded in the decision register as decided non-SCL. 30
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[s 64]
Subdivision 3 What has to be decided for the 1
management area 2
64 Application of sdiv 3 3
This subdivision applies to the extent the property is in the 4
management area. 5
Note-- 6
If there is more than 1 property the subject of the application, a 7
reference to the property is a reference to each of them separately. See 8
section 47. 9
65 Decision if application only addresses required cropping 10
history 11
(1) This section applies if the application only addresses whether 12
the property has the required cropping history. 13
(2) The chief executive must decide whether the property has that 14
history (a cropping history decision). 15
(3) If the cropping history decision is that the property does not 16
have the required cropping history, there must be a validation 17
decision for the property that it is to be recorded in the 18
decision register as decided non-SCL. 19
(4) If-- 20
(a) subsection (3) does not apply for the property; and 21
(b) there was no earlier criteria decision for the property; 22
the validation decision for the property must be that the 23
cropping history decision for the property be recorded on the 24
register. 25
(5) Subsections (6) and (7) apply if-- 26
(a) the cropping history decision is that the property has the 27
required cropping history; and 28
(b) an earlier criteria decision for all or any of the property 29
was that it is zonal criteria compliant (the decided land). 30
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Part 2 Deciding what is strategic cropping land
[s 66]
(6) The validation decision for the application must be that the 1
decided land is to be recorded in the decision register as being 2
SCL if-- 3
(a) the decided land is at least of the minimum size; or 4
(b) the decided land is contiguous with eligible land and the 5
total area of the decided land and the eligible land is at 6
least of the minimum size. 7
(7) To the extent the decided land does not comply with 8
subsection (6), the validation decision for the application must 9
be that the property is to be recorded in the decision register as 10
decided non-SCL. 11
66 Decision if application only addresses zonal criteria 12
(1) This section applies if the application only addresses whether 13
all or any of the property is zonal criteria compliant. 14
(2) The chief executive must make a criteria decision for the 15
property. 16
(3) However, if the applicant is only an eligible person for part of 17
the property, a criteria decision can not be made for the rest of 18
the property. 19
(4) If a cropping history decision has not been made for the 20
property, the validation decision for the application must be 21
that the criteria decision for the property be recorded on the 22
register. 23
(5) If the criteria decision is that none of the property is zonal 24
criteria compliant, the validation decision for the application 25
must be that all of the property is to be recorded in the 26
decision register as decided non-SCL. 27
(6) Subsections (7) and (8) apply if-- 28
(a) the criteria decision is that all or any of the property is 29
zonal criteria compliant (the decided land); and 30
(b) an earlier cropping history decision for the property was 31
that it has the required cropping history. 32
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Strategic Cropping Land Bill 2011
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Part 2 Deciding what is strategic cropping land
[s 67]
(7) The validation decision for the application must be that the 1
decided land is to be recorded in the decision register as being 2
SCL if-- 3
(a) the decided land is at least of the minimum size; or 4
(b) the decided land is contiguous with eligible land and the 5
total area of the decided land and the eligible land is at 6
least of the minimum size. 7
(8) To the extent the decided land does not comply with 8
subsection (7), the validation decision for the application must 9
be that the property is to be recorded in the decision register as 10
decided non-SCL. 11
67 Both matters addressed--threshold cropping history 12
decision 13
(1) This section applies if the application addresses both of the 14
following -- 15
(a) whether or not the property has the required cropping 16
history; 17
(b) whether or not all or any of the property is zonal criteria 18
compliant. 19
(2) The chief executive must make a cropping history decision for 20
the property. 21
(3) If the cropping history decision is that the property does not 22
have the required cropping history, there must be a validation 23
decision for the property that it is to be recorded in the 24
decision register as decided non-SCL. 25
68 Both matters addressed--deciding application if 26
cropping history decided 27
(1) This section applies if, under section 67, the cropping history 28
decision is that the property has the required cropping history. 29
(2) The chief executive must make a criteria decision for the 30
property. 31
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Strategic Cropping Land Bill 2011
Chapter 2 Identifying strategic cropping land
Part 2 Deciding what is strategic cropping land
[s 69]
(3) However, if the applicant is only an eligible person for part of 1
the property, a criteria decision can not be made for the rest of 2
the property. 3
(4) Subsections (5) and (6) apply if the criteria decision is that all 4
or any of the property is zonal criteria compliant (the decided 5
land). 6
(5) The validation decision for the application must be that the 7
decided land is to be recorded in the decision register as being 8
SCL if-- 9
(a) the decided land is at least of the minimum size; or 10
(b) the decided land is contiguous with eligible land and the 11
total area of the decided land and the eligible land is at 12
least of the minimum size. 13
(6) To the extent the decided land does not comply with 14
subsection (5), the validation decision for the application must 15
be that the property is to be recorded in the decision register as 16
decided non-SCL. 17
Subdivision 4 Making validation decision 18
69 Criteria for decision 19
In making a validation decision, the chief executive must 20
consider-- 21
(a) any submissions for the application accepted under 22
section 56; and 23
(b) if the validation decision is, or includes, a criteria 24
decision--the criteria guidelines. 25
70 Decision period 26
The chief executive must make a validation decision within-- 27
(a) generally--3 months after the submission period ends 28
(the usual period); or 29
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Chapter 2 Identifying strategic cropping land
Part 2 Deciding what is strategic cropping land
[s 71]
(b) if, within the usual period, the applicant is given an 1
application requisition--3 months after the requisition 2
is complied with. 3
71 Notice and taking effect of decision 4
(1) The chief executive must give the following an information 5
notice about the validation decision as soon as practicable 6
after it is made-- 7
(a) the applicant; 8
(b) any other eligible person for the land the chief executive 9
ought reasonably to be aware of. 10
Example of another eligible person for paragraph (b)-- 11
a person with an interest in the land recorded in a land registry 12
(2) If the decision is to record any of the land as being SCL, the 13
information notice must-- 14
(a) include, or be accompanied by, a map or plan showing 15
the land or part (a relevant map); or 16
(b) state that the chief executive has a relevant map 17
available for inspection. 18
(3) The validation decision does not take effect until the later of 19
the following-- 20
(a) the last day under section 259 on which an appeal may 21
be made against the decision; 22
(b) if an appeal is made against the decision, the day the 23
appeal ends. 24
72 Effect of validation decision 25
(1) Once the decision takes effect, it-- 26
(a) attaches to the land; and 27
(b) binds-- 28
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Chapter 2 Identifying strategic cropping land
Part 2 Deciding what is strategic cropping land
[s 73]
(i) all eligible persons for the land and all of their 1
successors; and 2
(ii) any occupier of the land. 3
(2) However, if the land is in the management area-- 4
(a) a validation decision that the land has the required 5
cropping history does not prevent a further validation 6
application for the land for the making of a criteria 7
decision for the land; and 8
(b) a validation decision that any of the land is zonal criteria 9
compliant does not prevent a further validation 10
application for the land for the making of a cropping 11
history decision for the land. 12
(3) This section applies whether or not there is a registry record 13
(SCL) for the decision. 14
Division 4 Appeals against validation 15
decisions 16
73 Appeal to Planning and Environment Court 17
A recipient of an information notice about a validation 18
decision may appeal against the decision to the Planning and 19
Environment Court. 20
Note-- 21
See also chapter 8, part 7 (General provisions for appeals). 22
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Strategic Cropping Land Bill 2011
Chapter 2 Identifying strategic cropping land
Part 3 Land registry records for particular validation decisions
[s 74]
Part 3 Land registry records for 1
particular validation decisions 2
74 Record required for SCL and decided non-SCL 3
(1) This section applies if land is recorded in the decision register 4
as SCL or decided non-SCL. 5
(2) The chief executive must, as soon as practicable, give the land 6
registrar a notice asking the registrar to keep a record (a 7
registry record (SCL)) about the decision. 8
(3) The notice must state-- 9
(a) a description of the land; 10
(b) a validation decision for the land has taken effect. 11
(4) As soon as practicable after receiving the notice, the land 12
registrar must keep the record so that a search of the land 13
registry the registrar keeps will show the record. 14
(5) No fee is payable for the notice or the recording. 15
75 Correcting, updating or removing registry record (SCL) 16
(1) This section applies if there is a registry record (SCL) for 17
particular land. 18
(2) The chief executive may give the land registrar a notice (an 19
amendment request) asking the registrar to amend the record 20
to-- 21
(a) make a stated correction of an error; or 22
(b) to update the record because of a boundary change. 23
(3) The land registrar must make the amendment as soon as 24
practicable after receiving the amendment request. 25
(4) If the chief executive considers that, because of a permanent 26
impact, land the subject of the record should no longer be the 27
subject of a registry record (SCL), the chief executive may 28
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Strategic Cropping Land Bill 2011
Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 1 When development is permitted
[s 76]
give the land registrar a notice (a withdrawal request) asking 1
the registrar to remove the record. 2
(5) As soon as practicable after receiving the withdrawal request, 3
the land registrar must remove the record from the registrar's 4
records. 5
(6) No fee is payable for an amendment request or withdrawal 6
request or for amending or removing the record. 7
(7) To remove any doubt, it is declared that the record can not be 8
amended other than under this section including, for example, 9
because of an assessment or decision under an Act or law that 10
conflicts with the relevant validation decision for the record. 11
Chapter 3 Development on strategic 12
cropping land or potential 13
strategic cropping land 14
Part 1 When development is 15
permitted 16
76 Development with a permanent impact 17
(1) A person must not wilfully carry out, or allow the carrying out 18
of, development on SCL or potential SCL that has a 19
permanent impact on the land. 20
Maximum penalty-- 21
(a) if the land is in a protection area--4165 penalty units or 22
5 years imprisonment; or 23
(b) if the land is in the management area--3000 penalty 24
units or 2 years imprisonment. 25
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 1 When development is permitted
[s 77]
(2) A person must not carry out, or allow the carrying out of, 1
development on SCL or potential SCL that has a permanent 2
impact on the land. 3
Maximum penalty-- 4
(a) if the land is in a protection area--3000 penalty units; or 5
(b) if the land is in the management area--1665 penalty 6
units. 7
(3) Subsection (2) is an alternative offence for subsection (1). 8
Notes-- 9
1 For the effect of subsection (2), see section 255. 10
2 See also section 243 (Executive officers must ensure corporation 11
does not commit SCL offences). 12
77 Development with a temporary impact 13
(1) A person must not wilfully carry out, or allow the carrying out 14
of, development on SCL or potential SCL that has a 15
temporary impact on the land. 16
Maximum penalty-- 17
(a) if the land is in a protection area--3000 penalty units; or 18
(b) if the land is in the management area--1665 penalty 19
units. 20
(2) A person must not carry out, or allow the carrying out of, 21
development on SCL or potential SCL that has a temporary 22
impact on the land. 23
Maximum penalty-- 24
(a) if the land is in a protection area--1665 penalty units; or 25
(b) if the land is in the management area--500 penalty 26
units. 27
(3) Subsection (2) is an alternative offence for subsection (1). 28
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Strategic Cropping Land Bill 2011
Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 1 When development is permitted
[s 78]
78 Exemptions 1
(1) Sections 76 and 77 do not apply to the carrying out of 2
development that-- 3
(a) is authorised under a development approval; or 4
(b) is a resource activity for a resource authority. 5
Note-- 6
See also section 6 (Exclusions from this Act). 7
(2) To remove any doubt, it is declared that subsection (1) 8
continues to apply even though, when the development 9
approval or resource authority took effect-- 10
(a) the land was neither SCL nor potential SCL, but it later 11
becomes SCL or potential SCL; or 12
(b) the land was potential SCL and it later becomes SCL. 13
79 Emergency activity defence 14
It is a defence to a proceeding for an offence against this part 15
for the defendant to prove-- 16
(a) the carrying out of the development (the activity) was 17
because of an emergency endangering-- 18
(i) the life or health of a person; or 19
(ii) the structural safety of a building or structure or the 20
safety of infrastructure; and 21
(b) the defendant gave the department notice of the activity 22
as soon as practicable after starting it; and 23
(c) the defendant took all reasonable steps-- 24
(i) to ensure the impact of the activity on SCL or 25
potential SCL is restorable; or 26
(ii) if the impact is not restorable--to limit the impact. 27
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Strategic Cropping Land Bill 2011
Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 2 State planning policy and codes
[s 80]
Part 2 State planning policy and 1
codes 2
Division 1 Policy and codes for IDAS 3
80 State planning policy for SCL 4
(1) There must be a State planning policy under the Planning Act 5
about SCL. 6
(2) The State planning policy may include applicable codes for 7
the Planning Act about this Act's purposes and how this Act 8
achieves them. 9
Division 2 Standard conditions code for 10
resource activities 11
81 Standard conditions code 12
(1) A regulation may make a code about how resource activities 13
may be carried out on SCL or potential SCL (the standard 14
conditions code). 15
(2) However, the standard conditions code can not permit a 16
resource activity to be carried out on the following land in a 17
protection area if the carrying out has a permanent impact on 18
the land-- 19
(a) SCL; 20
(b) potential SCL. 21
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 3 Development approvals
[s 82]
Part 3 Development approvals 1
Division 1 Preliminary 2
82 Application of pt 3 3
This part applies for development under IDAS on SCL or 4
potential SCL. 5
Division 2 Requirements for development 6
applications 7
83 Operation of div 2 8
(1) This division imposes requirements for making a development 9
application for the development. 10
(2) If any of the requirements are not complied with, for the 11
Planning Act, the application is not a properly made 12
application. 13
Note-- 14
For the general requirements for development applications, see the 15
Planning Act, sections 260 to 264. 16
84 Requirement that land be, or elected to be treated as, 17
SCL 18
(1) The application must state-- 19
(a) that the land is SCL and include, or be accompanied by 20
a copy of a relevant information notice about a 21
validation decision or a registry record (SCL); or 22
(b) if the land is potential SCL--that the applicant has 23
elected to treat this part as applying to the applicant as if 24
the land were SCL. 25
(2) The effects of the election are that-- 26
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 3 Development approvals
[s 85]
(a) for this chapter and for deciding the application, the land 1
is taken to be SCL; and 2
(b) a reference in this chapter (other than this section) to 3
SCL includes a reference to the land. 4
(3) To remove any doubt, it is declared that-- 5
(a) the election does not make the land SCL; and 6
(b) subsection (2) applies only for the applicant and the 7
development; and 8
(c) the land continues to be potential SCL for anyone else 9
and for all other purposes. 10
85 Location requirements 11
(1) The application must include, or be accompanied by, a map or 12
information that identifies or describes the following-- 13
(a) the location of all SCL or potential SCL on the land; 14
(b) where the development is proposed to be carried out on 15
SCL or potential SCL; 16
(c) all of the footprint of the development. 17
(2) In this section-- 18
footprint, of the development, means the proportion of the 19
land covered by-- 20
(a) buildings or structures measured to their outermost 21
projection; and 22
(b) any of the following relating to the buildings or 23
structures or the development-- 24
(i) asphalt, concrete or another hard built surface; 25
(ii) a carpark; 26
(iii) a road or access track; 27
(iv) an area used for vehicle movement or parking; 28
(v) an area used or that may be used for storage. 29
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 3 Development approvals
[s 86]
86 Development in exceptional circumstances 1
If the development is in exceptional circumstances, the 2
application must include, or be accompanied by-- 3
(a) evidence that it is a type of development prescribed 4
under section 113; or 5
(b) a copy of the relevant exceptional circumstances 6
decision. 7
87 Report 8
The application must include, or be accompanied by, a report 9
that-- 10
(a) assesses the development's impact on all SCL or 11
potential SCL on the land; and 12
(b) identifies any constraints on the configuration or 13
operation of the development. 14
88 Prescribed matters 15
The application must include, or be accompanied by, any 16
other information prescribed under a regulation. 17
Division 3 Miscellaneous provisions 18
89 Development must comply with mitigation requirement 19
(1) This section applies for a development approval for the 20
development if any of the land is identified permanently 21
impacted land. 22
(2) It is taken to be a development condition of the approval that 23
its holder must comply with the mitigation requirement. 24
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Strategic Cropping Land Bill 2011
Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 90]
Part 4 Strategic cropping land 1
protection assessment for 2
environmental and resource 3
authorities 4
Division 1 Preliminary 5
90 Application and operation of pt 4 6
(1) This part-- 7
(a) applies for a resource activity on SCL or potential SCL; 8
and 9
(b) provides for the chief executive to decide (an SCL 10
protection decision)-- 11
(i) the impact of the resource activity on the land; and 12
(ii) whether or not to impose conditions on either or 13
both of the environmental authority or resource 14
authority for the resource activity. 15
(2) To remove any doubt, it is declared that this part applies for an 16
environmental authority or resource authority application 17
even if-- 18
(a) when the application was made, the land was not SCL or 19
potential SCL; but 20
(b) the land becomes SCL or potential SCL before the 21
authority is granted. 22
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 91]
Division 2 Restrictions on environmental 1
authority being issued 2
91 Application of div 2 3
This division does not apply if the carrying out of the resource 4
activity complies with the standard conditions code. 5
92 SCL protection decision required before environmental 6
authority can be issued 7
An environmental authority for the resource activity can not 8
be issued until an SCL protection decision has been made for 9
the environmental authority and the resource authority for the 10
resource activity. 11
93 Restriction on issuing authority for identified 12
permanently impacted land in protection area 13
(1) This section applies if the land is identified permanently 14
impacted land in a protection area. 15
(2) An environmental authority can only be issued for the 16
resource activity if it is in exceptional circumstances. 17
Division 3 Applying for and obtaining SCL 18
protection decision 19
Subdivision 1 Assessment applications 20
94 Who may apply 21
(1) A person who has applied, or may apply, for either of the 22
following (the proposed authorities) for the resource activity 23
may apply for an SCL protection decision for the resource 24
activity (an assessment application)-- 25
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 95]
(a) a resource authority; 1
(b) an environmental authority. 2
(2) Subsections (3) and (4) apply if-- 3
(a) an SCL protection decision (the earlier decision) has 4
already been made for the resource activity; and 5
(b) the earlier decision included that the carrying out of the 6
resource activity will have a permanent impact on the 7
land or part of the land; and 8
(c) when the earlier decision was made, the resource 9
activity was not in exceptional circumstances; and 10
(d) since the making of the earlier decision, the resource 11
activity became development in exceptional 12
circumstances. 13
(3) A person who can make an assessment application for the 14
resource activity, may make an assessment application for the 15
resource activity as if the earlier decision had not been made. 16
(4) If an assessment application is made under subsection (3) and 17
the proposed authorities have not been issued for any part of 18
the land, the earlier decision may be remade under this part. 19
95 General requirements 20
An assessment application must-- 21
(a) be made to the chief executive in the approved form; and 22
(b) describe the land and state the real property description 23
of each lot that forms it; and 24
(c) describe the resource activity; and 25
(d) be accompanied by the fee prescribed under a 26
regulation. 27
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 96]
96 Additional requirements for making development 1
application also apply 2
Part 3, division 2 applies for making an assessment 3
application and an SCL protection decision as if-- 4
(a) the application were a development application for the 5
land; and 6
(b) the footprint of the development under section 85 7
includes infrastructure or proposed infrastructure 8
relating to the resource activity, including, for example, 9
proposed mines or dams. 10
Subdivision 2 Amending application 11
97 Amending application 12
(1) The applicant may amend an assessment application to do the 13
following (a permitted amendment) if the amended 14
application complies with sections 95 and 96-- 15
(a) make a minor amendment; 16
(b) make an amendment the chief executive is satisfied 17
would not adversely affect the chief executive's ability 18
to decide the amended application. 19
(2) A permitted amendment-- 20
(a) may be made at any time before the application is 21
decided; and 22
(b) must be made by notice to the chief executive. 23
(3) An assessment application can not be amended other than to 24
make a permitted amendment. 25
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 98]
Subdivision 3 Deciding application 1
98 What must be decided 2
(1) An SCL protection decision must consist of the following-- 3
(a) a decision-- 4
(i) about the permanent impacts and the temporary 5
impacts on the land of the carrying out of the 6
resource activity; and 7
(ii) that identifies the extent of each of those impacts; 8
and 9
(b) a decision about whether or not to impose conditions 10
(SCL protection conditions) on either or both of the 11
proposed authorities. 12
(2) If an SCL protection decision imposes SCL protection 13
conditions, the decision must state on which of the proposed 14
authorities the conditions are imposed. 15
99 SCL protection conditions generally 16
(1) An SCL protection condition may-- 17
(a) prohibit, limit or restrict the carrying out of the resource 18
activity on the land or part of it; or 19
(b) require the applicant to install and operate stated plant 20
or equipment in a stated way within a stated period; or 21
(c) require the applicant to do, or refrain from doing, 22
anything else the chief executive considers is necessary 23
or desirable to achieve this Act's purposes; or 24
(d) require security (financial assurance) in favour of the 25
State for the applicant's compliance with the following 26
(the secured matters), as a holder of either or both of the 27
proposed authorities if they are issued-- 28
(i) this Act; 29
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 100]
(ii) payment of any compliance action expenses; 1
(iii) SCL protection conditions imposed. 2
(2) The chief executive may decide the form and amount of the 3
financial assurance. 4
Example for deciding the amount-- 5
An SCL protection condition requires the land to be restored to its 6
pre-development condition. In deciding the amount, the chief executive 7
may consider the cost of restoring the land to that condition. 8
(3) However, the amount can not be more than the amount that, in 9
the chief executive's opinion, represents the total amount that 10
the State may incur because of any possible noncompliance 11
by the applicant relating to secured matters. 12
(4) A condition under subsection (1)(d) is a financial assurance 13
condition. 14
(5) A condition under the standard conditions code may be 15
imposed as an SCL protection condition. 16
(6) In this section-- 17
security includes a bond, deposit of an amount as security, 18
guarantee, indemnity or other surety, insurance, mortgage and 19
undertaking. 20
Note-- 21
For SCL protection conditions imposed under this Act, see division 4. 22
100 Criteria for decision 23
(1) In making an SCL protection decision, the chief executive 24
must consider-- 25
(a) the extent of the impact of the carrying out of the 26
resource activity on SCL; and 27
(b) whether the carrying out of the resource activity will 28
have a permanent impact or a temporary impact on the 29
land; and 30
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 101]
(c) whether the applicant has demonstrated that the impact 1
has been avoided or minimised to the greatest extent 2
practicable. 3
(2) In imposing SCL protection conditions, the chief executive 4
must consider the SCL principles. 5
101 Information notice about assessment decision 6
(1) The chief executive must give the applicant for an assessment 7
application an information notice about the SCL protection 8
decision as soon as practicable after making it. 9
(2) If the applicant has applied for an environmental authority for 10
the resource activity, the information notice may be included 11
in, or accompany, a notice under the Environmental Protection 12
Act for the environmental authority application. 13
(3) The information notice must state-- 14
(a) whether or not the carrying out of the resource activity 15
will have a permanent impact on the land or part of the 16
land; and 17
(b) if the carrying out will have a permanent impact on the 18
land, how much of it will be the subject of the 19
permanent impact; and 20
(c) if the decision is not to impose SCL protection 21
conditions--that no SCL protection conditions are 22
imposed; and 23
(d) if the decision is to impose SCL protection conditions-- 24
(i) the conditions; and 25
(ii) on which of the proposed authorities each of the 26
conditions are imposed. 27
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 102]
102 SCL protection conditions apply to issued authority 1
(1) This section applies if SCL protection conditions are imposed 2
on either or both of the proposed authorities (either the 3
imposed authority) and an imposed authority is issued. 4
(2) The SCL protection conditions are taken to be conditions of 5
the imposed authority. 6
(3) If there is any inconsistency between any of the SCL 7
protection conditions and another condition of, or imposed on, 8
the imposed authority, the SCL protection condition prevails 9
to the extent of the inconsistency. 10
Division 4 SCL protection conditions imposed 11
under Act 12
103 Condition requiring compliance with mitigation 13
requirement 14
(1) This section applies for a resource authority if any of the land 15
is identified permanently impacted land. 16
(2) It is taken to be a condition of the authority that its holder 17
must comply with the mitigation requirement. 18
104 Condition empowering financial assurance changes 19
(1) This section applies if-- 20
(a) the conditions of an imposed authority include a 21
financial assurance condition; and 22
(b) financial assurance required under the condition has 23
been given. 24
(2) It is a condition of the imposed authority that its holder must 25
change the amount of financial assurance if, after complying 26
with subsections (3) to (5), the chief executive at any time 27
requires the holder to do so. 28
(3) The chief executive must give the holder a notice stating-- 29
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 105]
(a) details of the proposed requirement; and 1
(b) that the holder may, within a stated period, make 2
submissions to the chief executive about the proposed 3
requirement. 4
(4) The stated period must end at least 28 days after the holder is 5
given the notice. 6
(5) The chief executive must consider any submissions made by 7
the holder within the stated period. 8
(6) The requirement does not take effect until-- 9
(a) the holder is given an information notice about the 10
decision; or 11
(b) if the information notice states a later day of effect--the 12
later day. 13
(7) In this section-- 14
change, financial assurance, includes to decrease or increase 15
its amount. 16
financial assurance, given, includes financial assurance 17
changed because of a requirement previously made under 18
subsection (2). 19
105 Condition empowering replenishment of financial 20
assurance 21
(1) This section applies if-- 22
(a) the conditions of an imposed authority include a 23
financial assurance condition; and 24
(b) the imposed authority is issued and still in force; and 25
(c) all or part of the financial assurance given under the 26
condition has been used. 27
(2) The chief executive may give the imposed authority holder a 28
notice-- 29
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 106]
(a) stating how much of the financial assurance has been 1
used; and 2
(b) directing the holder to, within 28 days after the giving of 3
the notice, replenish the financial assurance so that its 4
amount and form complies with the condition. 5
(3) It is a condition of the imposed authority that its holder must 6
comply with the direction. 7
Division 5 Other provisions about financial 8
assurance 9
106 General provisions 10
(1) This section applies for financial assurance given under an 11
SCL protection condition. 12
(2) The State may use the financial assurance and any interest 13
accruing on it for the secured matters under section 99(1)(d). 14
(3) The financial assurance may be kept until the chief executive 15
is satisfied no claim is likely to be made on it. 16
(4) Also, if a claim made on the financial assurance has not been 17
assessed, the State may, until it has been assessed, keep an 18
appropriate amount of the financial assurance to meet the 19
claim. 20
(5) The State may keep any interest accruing on the financial 21
assurance. 22
(6) The financial assurance and interest continues in force, and 23
may be used for any of the secured matters, despite-- 24
(a) a change in the holder of any relevant environmental 25
authority or resource authority; or 26
(b) an amendment of the authority. 27
(7) Subsection (6) does not affect the chief executive's power 28
under section 104 to change the amount of financial 29
assurance. 30
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Chapter 3 Development on strategic cropping land or potential strategic cropping land
Part 4 Strategic cropping land protection assessment for environmental and resource
authorities
[s 107]
107 New holder must comply with financial assurance 1
condition 2
(1) This section applies if-- 3
(a) the conditions of an imposed authority include a 4
financial assurance condition; and 5
(b) the holder of the imposed authority changes. 6
(2) The new holder of the imposed authority must not carry out, 7
or allow the carrying out of, an activity under the authority 8
unless the new holder has given the financial assurance. 9
Maximum penalty--1665 penalty units. 10
Division 6 Appeals against decisions under 11
part 12
108 Right of appeal to Land Court 13
A recipient of an information notice about a decision under 14
this part may, under this division, appeal against the decision 15
to the Land Court. 16
Note-- 17
See also chapter 8, part 7 (General provisions for appeals). 18
109 Land Court mediation 19
(1) Any party to an appeal may, at any time before the appeal is 20
decided, ask the Land Court to conduct or provide a mediation 21
for the appeal. 22
(2) The mediation must be conducted by the court or a mediator 23
chosen by the court. 24
110 Nature of appeal 25
An appeal is by way of hearing anew. 26
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Part 4 Strategic cropping land protection assessment for environmental and resource
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[s 111]
111 Land Court's powers for appeal 1
In deciding an appeal, the Land Court has the same powers as 2
the chief executive. 3
112 Decision for appeal 4
(1) In deciding an appeal, the Land Court may make the orders 5
and directions it considers appropriate. 6
(2) Without limiting subsection (1), the court may-- 7
(a) confirm the decision appealed against; or 8
(b) change the decision appealed against; or 9
(c) set aside the decision appealed against and-- 10
(i) make a decision replacing the decision set aside; or 11
(ii) return the matter to the chief executive with 12
directions the court considers appropriate. 13
(3) In changing, setting aside or substituting the decision, the 14
court has the same powers as the chief executive. 15
(4) If the court substitutes another decision, the substituted 16
decision is taken for this Act, other than this division, to be the 17
chief executive's decision. 18
Page 71
Strategic Cropping Land Bill 2011
Chapter 4 Exceptional circumstances
Part 1 Prescribed exceptional circumstances
[s 113]
Chapter 4 Exceptional circumstances 1
Note-- 2
The prescribing or deciding, under this chapter, that development or a 3
type of development is in exceptional circumstances does not, of itself, 4
authorise the development to be carried out. See chapter 3, part 1. 5
Part 1 Prescribed exceptional 6
circumstances 7
113 Power to prescribe a type of development 8
(1) A regulation may prescribe a type of development, other than 9
an excluded type of development, to be in exceptional 10
circumstances. 11
(2) However, the Minister may recommend to the Governor in 12
Council the making of the regulation only if the Minister-- 13
(a) has complied with section 114; and 14
(b) is satisfied-- 15
(i) the carrying out of development of the type is an 16
overwhelmingly significant opportunity of benefit 17
to the State; and 18
(ii) the benefit outweighs the State's interest in 19
protecting the land as SCL. 20
(3) In this section-- 21
excluded type, of development, means any resource activity 22
for a resource authority other than the following-- 23
(a) a permit or geothermal tenure under a Geothermal Act; 24
(b) a GHG authority under the GHG Storage Act. 25
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Chapter 4 Exceptional circumstances
Part 2 Decided exceptional circumstances
[s 114]
114 Public notice of proposal and submissions 1
(1) The Minister must publish a notice about the proposed 2
regulation in a Statewide newspaper. 3
(2) The notice must state the following-- 4
(a) the type of development proposed to be prescribed to be 5
in exceptional circumstances; 6
(b) reasons for the proposal; 7
(c) any restrictions proposed to be imposed on the type; 8
(d) that anyone may make a submission to the Minister 9
about the proposal; 10
(e) that submissions may be made only within a stated 11
period after publication of the notice (the submission 12
period). 13
(3) The submission period can not be less than 21 days after the 14
making of the publication. 15
(4) Before forming the opinion under section 113(2)(b), the 16
Minister must consider all submissions made within the 17
submission period. 18
Part 2 Decided exceptional 19
circumstances 20
Division 1 Application stage 21
115 Who may apply 22
(1) This section applies only if proposed development is in a 23
protection area and carrying it out will have a permanent 24
impact on SCL or potential SCL. 25
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Chapter 4 Exceptional circumstances
Part 2 Decided exceptional circumstances
[s 116]
(2) A person who has applied, or may apply, for either of the 1
following (the proposed authority) for the development may 2
apply for a decision that exceptional circumstances apply to 3
the development (an exceptional circumstances 4
application)-- 5
(a) an environmental authority; 6
(b) a development approval or resource authority. 7
Note-- 8
For development approvals the Minister or the Coordinator-General is a 9
concurrence agency under IDAS. See the Sustainable Planning 10
Regulation 2009, schedule 7, table 3, items 29 and 30. 11
(3) The decision about whether or not exceptional circumstances 12
apply to the development is the exceptional circumstances 13
decision. 14
116 Who must decide exceptional circumstances application 15
(1) An exceptional circumstances application must be decided by 16
the Coordinator-General if-- 17
(a) an undecided significant project application has been 18
made for a project that is, or includes, the proposed 19
authority; or 20
(b) the proposed authority is, or is included in, a significant 21
project. 22
(2) Otherwise, an exceptional circumstances application must be 23
decided by the Minister. 24
(3) The person who must decide an exceptional circumstances 25
application is the required decider for the application. 26
(4) In this section-- 27
significant project application means an application under 28
the State Development Act, section 27AA. 29
undecided, for a significant project application, means the 30
application has not been decided and has not been withdrawn. 31
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Chapter 4 Exceptional circumstances
Part 2 Decided exceptional circumstances
[s 117]
117 Requirements for application 1
An exceptional circumstances application must-- 2
(a) be made to the relevant person in the approved form-- 3
(i) if the required decider is the 4
Coordinator-General--the Coordinator-General; or 5
(ii) if the required decider is the Minister--the chief 6
executive; and 7
(b) describe the land and state the real property description 8
of each lot that forms it; and 9
(c) describe the development by way of a map or plan 10
showing where it is proposed to be carried out on SCL 11
or potential SCL; and 12
(d) address both of the following (the exceptional 13
circumstances criteria)-- 14
(i) that there is no alternative site for the development 15
to be carried out; 16
(ii) that there will be a significant community benefit 17
in carrying out the development on the land; and 18
(e) be accompanied by the fee prescribed under a 19
regulation. 20
Notes-- 21
1 For how the exceptional circumstances criteria must be considered, 22
see sections 127 and 128. 23
2 For other relevant provisions about applications, see chapter 8, part 24
2. 25
118 What is a significant community benefit 26
A significant community benefit, in carrying out the 27
development on the land, means that-- 28
(a) the carrying out is an overwhelmingly significant 29
opportunity of benefit to the State; and 30
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Chapter 4 Exceptional circumstances
Part 2 Decided exceptional circumstances
[s 119]
(b) the benefit outweighs the State's interest in protecting 1
the land as SCL. 2
119 Public access to application 3
(1) This section applies for the following person (the relevant 4
person) for an exceptional circumstances application until it is 5
decided. 6
(2) The relevant person must-- 7
(a) keep details of the application published on the relevant 8
website; and 9
(b) make the application available for inspection and 10
purchase. 11
Division 2 Notice and submission stage 12
120 Application of div 2 13
This division applies-- 14
(a) generally--at the end of 14 days after the making of the 15
application; or 16
(b) if, within the 14 days, the applicant is given-- 17
(i) an application requisition--on the day the 18
requisition is complied with; or 19
(ii) a notice by the relevant person stating an 20
application requisition will not be given for the 21
application--on the day the notice is given. 22
121 Public notice of application 23
(1) As soon as practicable after making the exceptional 24
circumstances application, the applicant must publish a notice 25
(an application notice) about the application in-- 26
(a) a Statewide newspaper; and 27
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Chapter 4 Exceptional circumstances
Part 2 Decided exceptional circumstances
[s 121]
(b) a newspaper circulating in each local government area 1
that includes the land. 2
(2) An application notice must state the following-- 3
(a) that the applicant has made an exceptional 4
circumstances application for the land; 5
(b) that details of the application are kept on the relevant 6
website; 7
(c) how, under section 119, the application may be 8
inspected; 9
(d) the type of development; 10
(e) a sufficient description of the land; 11
(f) the protection area the land is in; 12
(g) that anyone may make a submission about the 13
application to the relevant person; 14
(h) that submissions-- 15
(i) must address the exceptional circumstances 16
criteria; and 17
(ii) may be made only within a stated period after 18
publication of the notice (the submission period); 19
(i) any other matter prescribed under a regulation. 20
(3) For subsection (2)(e), a description is sufficient only if it 21
allows members of the public to identify the land's location 22
without conducting a land registry search. 23
(4) The submission period can not be less than 21 days after the 24
later of the following-- 25
(a) the making of the publication; 26
(b) if the application is amended--the amendment of the 27
application. 28
(5) An application notice may be included in a publication under 29
an Act about any of the following for the land so long as, to 30
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Strategic Cropping Land Bill 2011
Chapter 4 Exceptional circumstances
Part 2 Decided exceptional circumstances
[s 122]
the extent the publication relates to the notice, it complies 1
with this section-- 2
(a) a resource authority application; 3
(b) an environmental authority application; 4
(c) an EIS. 5
122 Acceptance of submissions 6
(1) The relevant person must accept a submission about the 7
exceptional circumstances application if the submission-- 8
(a) is signed by or for each submitter; and 9
(b) states the name and address of each submitter; and 10
(c) is made to the relevant person; and 11
(d) addresses the exceptional circumstances criteria; and 12
(e) is received on or before the last day of the submission 13
period. 14
(2) The relevant person may, but need not, accept a submission 15
about an exceptional circumstances application made after the 16
submission period ends. 17
123 Amending application 18
(1) This section provides for when an applicant may amend an 19
exceptional circumstances application. 20
(2) An amendment-- 21
(a) can only be made if the application as amended 22
complies with section 117; and 23
(b) must be made by notice to the relevant person. 24
(3) The following may be made at any time before the application 25
is decided-- 26
(a) a minor amendment; 27
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Chapter 4 Exceptional circumstances
Part 2 Decided exceptional circumstances
[s 124]
(b) an amendment the required decider is satisfied would 1
not adversely affect the public's ability to make a 2
submission about the application. 3
(4) An amendment other than one provided for under subsection 4
(3) may be made only before an application notice is 5
published for the application under section 121. 6
Division 3 Decision stage 7
124 Application of div 3 8
This division applies at the end of the submission period for 9
an exceptional circumstances application that has not been 10
withdrawn or decided under section 235(3). 11
125 Chief executive's report if required decider is the Minister 12
If the required decider is the Minister, the chief executive 13
must give the Minister a report about submissions accepted 14
for the application. 15
126 Deciding application 16
(1) If the required decider is the Minister, this section applies only 17
when the chief executive gives a report under section 125. 18
(2) The required decider must make the exceptional 19
circumstances decision. 20
(3) The required decider may decide exceptional circumstances 21
apply only if satisfied of both of the exceptional 22
circumstances criteria. 23
127 Sole criterion for deciding no alternative site 24
(1) In deciding whether there is no alternative site for the 25
development to be carried out, the required decider can only 26
consider whether there is an alternative site in the State-- 27
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Chapter 4 Exceptional circumstances
Part 2 Decided exceptional circumstances
[s 128]
(a) if the proposed authority is a resource authority--from 1
which the resource the subject of the authority (the 2
relevant resource) can lawfully be obtained; or 3
(b) if the proposed authority is a development approval--at 4
which the development can lawfully be carried out. 5
(2) All of the following must be disregarded in considering any 6
possible alternative site-- 7
(a) who owns the land on which the site is located; 8
(b) the existence or non-existence of a resource authority or 9
development approval for the site; 10
(c) the profitability of carrying out the development on the 11
site; 12
(d) the classification, grade or quality of the relevant 13
resource; 14
Example-- 15
If the relevant resource is coal, it does not matter whether coal 16
on the possible alternative site is thermal or coking. 17
(e) if the proposed authority is a resource authority--its 18
proximity to existing infrastructure relevant to carrying 19
out the development. 20
(3) If the proposed authority is a development approval, the only 21
possible alternative sites that may be considered are those 22
within, or a reasonable distance from, the region or locality to 23
which the development relates. 24
128 Sole criterion for deciding significant community benefit 25
(1) In deciding whether there will be a significant community 26
benefit in carrying out the development on the land, the 27
required decider can only consider-- 28
(a) whether the carrying out will provide a public benefit, 29
rather than only an individual or private benefit; and 30
(b) the benefit to the State as a whole; and 31
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Chapter 4 Exceptional circumstances
Part 2 Decided exceptional circumstances
[s 129]
(c) whether there would be significant adverse, economic, 1
environmental or social impacts if the development is 2
not carried out. 3
(2) Also, a significant community benefit can not be decided 4
solely on the profitability of the carrying out of the 5
development or its economic benefit to the State. 6
Example-- 7
A significant community benefit can not be decided solely on the basis 8
of potential royalties under a resource Act or land tax under the Land 9
Tax Act 2010 that the State may receive if the development is carried 10
out. 11
129 Notice and taking effect of decision 12
The required decider must give the applicant an information 13
notice about the exceptional circumstances decision as soon 14
as practicable after it is made. 15
Division 4 Appeals against exceptional 16
circumstances decision 17
130 Appeal to Planning and Environment Court 18
If the exceptional circumstances decision is that exceptional 19
circumstances do not apply to the development, the applicant 20
may appeal against the decision to the Planning and 21
Environment Court. 22
Note-- 23
See also chapter 8, part 7 (General provisions for appeals). 24
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Strategic Cropping Land Bill 2011
Chapter 5 Mitigation
Part 1 Preliminary
[s 131]
Chapter 5 Mitigation 1
Part 1 Preliminary 2
131 What is mitigation 3
Mitigation, for identified permanently impacted land, means 4
that either of the following, or a combination of the following, 5
has taken place for the land's mitigation value-- 6
(a) a payment to the mitigation fund; 7
(b) the entering into of a mitigation deed. 8
132 What is the mitigation value of identified permanently 9
impacted land 10
(1) The mitigation value, of identified permanently impacted 11
land, is the amount worked out by multiplying each hectare of 12
the land's area by the rate prescribed under a regulation. 13
(2) For subsection (1), if the area is not divisible into a whole 14
number of hectares, any part of a hectare left after dividing it 15
into whole hectares must be rounded up to the nearest whole 16
hectare. 17
133 What are mitigation measures 18
(1) Mitigation measures are the carrying out of activities to 19
address the loss of the productive capacity of identified 20
permanently impacted land. 21
(2) Also, for a mitigation deed, mitigation measures may include 22
a combination of activities mentioned in subsection (1) and a 23
payment to the mitigation fund. 24
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Chapter 5 Mitigation
Part 1 Preliminary
[s 134]
134 What is a mitigation deed 1
A mitigation deed is a deed to which the chief executive and a 2
source authority holder are parties that-- 3
(a) is about the mitigation value of identified permanently 4
impacted land; and 5
(b) complies with the requirements under section 138 (the 6
deed requirements). 7
135 What are the mitigation criteria 8
(1) The mitigation criteria are that mitigation measures (under a 9
mitigation deed or under a payment from the mitigation fund) 10
must-- 11
(a) aim to increase the productivity of cropping in the State; 12
and 13
(b) provide a public, rather than a private, benefit; and 14
(c) aim to provide an enduring effect; and 15
(d) be quantifiable and able to be independently valued; and 16
(e) benefit the largest possible number of cropping 17
agribusinesses; and 18
(f) if a cropping activity or cropping system existed for 19
identified permanently impacted land to which the 20
measures relate--provide a benefit to that type of 21
activity or system in the relevant local area. 22
(2) In deciding what is a relevant local area for subsection (1)(f), 23
regard must be had to catchments and local government areas. 24
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Chapter 5 Mitigation
Part 2 Mitigation for identified permanently impacted land
[s 136]
Part 2 Mitigation for identified 1
permanently impacted land 2
Division 1 Mitigation requirement 3
136 Application of div 1 4
This division applies for a source authority holder if any of the 5
land is identified permanently impacted land. 6
137 Prohibition on carrying out development without prior 7
mitigation 8
(1) The source authority holder must not wilfully carry out, or 9
allow the carrying out of, the development, unless there is in 10
place mitigation for the identified permanently impacted land. 11
Maximum penalty--1665 penalty units. 12
(2) The source authority holder must not carry out, or allow the 13
carrying out of, the development, unless there is in place 14
mitigation for the identified permanently impacted land. 15
Maximum penalty--500 penalty units. 16
(3) Subsection (2) is an alternative offence for subsection (1). 17
(4) To remove any doubt, it is declared that the mitigation 18
requirement still applies, and continues to apply, even if, when 19
the land became identified permanently impacted land it was 20
potential SCL and, after the identification-- 21
(a) the trigger map is amended under section 34 to remove 22
the land as potential SCL; or 23
(b) the land is recorded in the decision register as decided 24
non-SCL. 25
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Strategic Cropping Land Bill 2011
Chapter 5 Mitigation
Part 2 Mitigation for identified permanently impacted land
[s 138]
Division 2 Mitigation deeds 1
138 Deed requirements 2
(1) A mitigation deed must-- 3
(a) identify-- 4
(i) the source authority the subject of the deed, and the 5
holder of the source authority; and 6
(ii) all identified permanently impacted land for the 7
source authority; and 8
(b) be consistent with the mitigation principles and 9
productivity principle under the SCL principles; and 10
(c) provide for mitigation measures for the mitigation value 11
of all of the identified permanently impacted land; and 12
(d) require the holder to give the chief executive periodic 13
reports about-- 14
(i) the progress of the mitigation measures; and 15
(ii) the amounts spent on them. 16
(2) The mitigation measures must-- 17
(a) comply with the mitigation criteria; and 18
(b) be in addition to anything the source authority holder 19
would, other than for the mitigation requirement, have 20
done, incurred or spent in carrying out the development; 21
and 22
(c) be at least equal in value to the land's mitigation value. 23
(3) A mitigation deed can not provide for, or for the carrying out 24
of, any authority-related restoration. 25
(4) In considering whether the deed is consistent with the 26
mitigation principles and productivity principles, the value of 27
any authority-related restoration must be disregarded. 28
(5) In this section-- 29
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Strategic Cropping Land Bill 2011
Chapter 5 Mitigation
Part 3 Strategic cropping land mitigation fund
[s 139]
authority-related restoration means environmental 1
management, restoration, rehabilitation or remediation 2
required or permitted under the Environmental Protection 3
Act, a resource Act or a source authority. 4
139 Entry into mitigation deed by the chief executive 5
(1) The chief executive must, before entering into a mitigation 6
deed, seek an advisory group's advice about whether it 7
complies with deed requirements. 8
(2) If, after obtaining the advice, the chief executive considers the 9
deed does so comply, the chief executive must enter into it. 10
140 Mitigation deed binds holder's successors 11
A mitigation deed binds each of the successors of each source 12
authority holder who is a party to it, including successors for 13
the area of the source authority. 14
Part 3 Strategic cropping land 15
mitigation fund 16
141 Establishment 17
The strategic cropping land mitigation fund (the mitigation 18
fund) is established. 19
142 Purpose and administration 20
(1) The mitigation fund's purpose is to record amounts received 21
under the mitigation requirement and to pay amounts from it 22
under this part. 23
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Strategic Cropping Land Bill 2011
Chapter 5 Mitigation
Part 3 Strategic cropping land mitigation fund
[s 143]
(2) Accounts for the mitigation fund must be kept as part of the 1
department's departmental accounts under the Financial 2
Accountability Act 2009, section 69. 3
(3) However, amounts received for the mitigation fund may be 4
deposited with other amounts of the department in its 5
departmental financial institution account under the Financial 6
Accountability Act 2009, section 83. 7
143 Payments from fund 8
(1) Amounts are payable from the mitigation fund only for-- 9
(a) mitigation measures; or 10
(b) expenses incurred by the chief executive in performing 11
functions under this chapter. 12
(2) However, the chief executive may make a payment for 13
mitigation measures only if the chief executive-- 14
(a) has sought an advisory group's advice about the 15
mitigation measures; and 16
(b) is satisfied the mitigation measures-- 17
(i) comply with the mitigation criteria; and 18
(ii) are consistent with the mitigation principles and 19
productivity principles under the SCL principles. 20
(3) In this section-- 21
expenses does not include remuneration. 22
144 Reporting requirement for mitigation measures 23
A payment from the mitigation fund may be made only on the 24
condition that its recipient must give the chief executive 25
periodic reports about-- 26
(a) the progress of the mitigation measures funded; and 27
(b) amounts spent on the measures. 28
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Strategic Cropping Land Bill 2011
Chapter 5 Mitigation
Part 4 Community advisory group
[s 145]
Part 4 Community advisory group 1
145 Establishment 2
The chief executive must establish community advisory 3
groups (each an advisory group). 4
146 Functions 5
An advisory group's functions are to advise the chief 6
executive about mitigation measures under mitigation deeds 7
or payments from the mitigation fund. 8
147 Membership 9
An advisory group is to consist of a chairperson and other 10
members appointed by the chief executive. 11
Part 5 Miscellaneous provisions 12
148 Record of and access to mitigation measures 13
(1) The chief executive must-- 14
(a) keep a record of all mitigation measures under a 15
mitigation deed or funded from the mitigation fund; and 16
(b) publish information about the recorded measures on the 17
department's website. 18
(2) The record must include reports mentioned in section 19
138(1)(d) or 144. 20
Page 88
Strategic Cropping Land Bill 2011
Chapter 6 Power to require compliance
Part 1 Stop work notices
[s 149]
149 Mitigation guidelines 1
The chief executive may make guidelines giving advice about 2
all or any of the following-- 3
(a) deed requirements; 4
(b) mitigation measures; 5
(c) advisory group practices; 6
(d) how funding from the mitigation fund may relate to 7
other funding programs; 8
(e) any other matter relating to this chapter or its 9
administration. 10
Chapter 6 Power to require 11
compliance 12
Part 1 Stop work notices 13
150 Power to give stop work notice 14
(1) This section applies if an authorised person reasonably 15
believes a person-- 16
(a) has committed, or is committing, an SCL offence; or 17
(b) is involved in an activity that is likely to result in the 18
commission of an SCL offence. 19
(2) The authorised person may give the person a notice (a stop 20
work notice) requiring the recipient to stop committing the 21
suspected offence or not to commit that type of offence again. 22
(3) The notice may also state any of the following-- 23
(a) the steps the authorised person reasonably believes are 24
necessary to stop the commission of the offence, any 25
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Strategic Cropping Land Bill 2011
Chapter 6 Power to require compliance
Part 1 Stop work notices
[s 151]
further commission of the offence, or the commission of 1
the likely offence; 2
(b) that the recipient must notify the authorised person 3
when the recipient has complied with the stop work 4
notice; 5
(c) that an authorised person proposes, at a stated time or at 6
stated intervals, to enter premises of which the recipient 7
is the owner or occupier to check compliance with the 8
notice. 9
151 Requirements for giving stop work notice 10
(1) A stop work notice must state the following-- 11
(a) that the authorised person giving it believes the 12
recipient-- 13
(i) has committed, or is committing, an SCL offence; 14
or 15
(ii) is involved in an activity that is likely to result in 16
the commission of an SCL offence; 17
(b) the provision the authorised person believes is being, 18
has been, or is likely to be, contravened; 19
(c) the reasons for the belief; 20
(d) that the recipient must stop committing the offence or 21
avoid the likely commission of the offence. 22
(2) The notice must include, or be accompanied by, an 23
information notice about the decision to give the notice. 24
(3) The notice may be given orally if-- 25
(a) for any reason it is not practicable to give it in writing; 26
and 27
(b) the authorised person giving it warns the recipient it is 28
an offence not to comply with the notice. 29
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Strategic Cropping Land Bill 2011
Chapter 6 Power to require compliance
Part 2 Restoration notices
[s 152]
(4) If the notice is given orally, the authorised person must 1
confirm the notice by also giving it in writing (also a stop 2
work notice) as soon as practicable after giving it orally. 3
152 Offence to contravene stop work notice 4
(1) The recipient of a stop work notice must not wilfully fail to 5
comply with the notice, unless the recipient has a reasonable 6
excuse. 7
Maximum penalty--4165 penalty units or 5 years 8
imprisonment. 9
(2) The recipient of a stop work notice must not fail to comply 10
with the notice, unless the recipient has a reasonable excuse. 11
Maximum penalty--3000 penalty units. 12
(3) Subsection (2) is an alternative offence for subsection (1). 13
(4) If a stop work notice states steps that the recipient may take to 14
stop committing a stated SCL offence, or avoid a likely stated 15
SCL offence, the recipient is taken to have complied with the 16
notice if all of those steps have been taken. 17
(5) Subsection (4) does not prevent the recipient from complying 18
with the notice in another way. 19
Part 2 Restoration notices 20
Division 1 General provisions 21
153 Power to give restoration notice 22
(1) This section applies if an authorised person reasonably 23
believes-- 24
(a) a person-- 25
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Chapter 6 Power to require compliance
Part 2 Restoration notices
[s 154]
(i) has committed, or is committing, an SCL offence; 1
or 2
(ii) is involved in an activity that is likely to result in 3
an SCL offence; and 4
(b) the matter is capable of being rectified. 5
(2) The authorised person may give the person a notice (a 6
restoration notice) requiring the recipient to rectify the 7
matter. 8
(3) The notice may also state any of the following-- 9
(a) the steps the authorised person reasonably believes are 10
necessary to rectify the matter; 11
(b) that the recipient must notify the authorised person 12
when the recipient has complied with the restoration 13
notice; 14
(c) that an authorised person proposes, at a stated time or at 15
stated intervals, to enter premises of which the recipient 16
is the owner or occupier to check compliance with the 17
notice. 18
(4) In this section-- 19
steps includes any action or other measure the authorised 20
person believes is necessary to rectify the matter. 21
Examples-- 22
· setting objectives and time frames for restoring the relevant land 23
· giving a progress report about whether the steps taken within a 24
particular period to rectify the matter have satisfied a stated 25
objective 26
154 Requirements for giving restoration notice 27
(1) A restoration notice must state the following-- 28
(a) that the authorised person giving it believes the 29
recipient-- 30
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Chapter 6 Power to require compliance
Part 2 Restoration notices
[s 155]
(i) has committed, or is committing, an SCL offence; 1
or 2
(ii) is involved in an activity that is likely to result in 3
the commission of an SCL offence; 4
(b) the provision the authorised person believes is being, 5
has been, or is likely to be, contravened; 6
(c) the reasons for the belief; 7
(d) the matter the authorised person believes is reasonably 8
capable of being rectified; 9
(e) that the recipient must take steps reasonably necessary 10
to rectify the matter; 11
(f) the stated reasonable period in which the recipient must 12
take the steps. 13
(2) The notice must include, or be accompanied by, an 14
information notice about the decision to give the notice and to 15
fix the period. 16
155 Offence to contravene restoration notice 17
(1) The recipient of a restoration notice must not contravene the 18
notice, unless the recipient has a reasonable excuse. 19
Maximum penalty--3000 penalty units. 20
(2) If the notice states steps that the recipient may take to rectify 21
the matter the subject of the notice, the recipient is taken to 22
have complied with the notice if all of those steps have been 23
taken. 24
(3) Subsection (2) does not prevent the recipient from complying 25
with the notice in another way. 26
156 Land registry record of restoration notice 27
(1) This section applies if the recipient of a restoration notice 28
owns or has an interest in the land the subject of the notice. 29
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Chapter 6 Power to require compliance
Part 2 Restoration notices
[s 157]
(2) As soon as practicable after the restoration notice has been 1
given, the chief executive must give the land registrar a notice 2
(a record request) asking the registrar to keep a land registry 3
record for the notice. 4
(3) As soon as practicable after receiving the record request, the 5
land registrar must keep the record so that a search of the land 6
registry the registrar keeps will show the record. 7
(4) As soon as practicable after the restoration notice has been 8
complied with, withdrawn or in any other way terminated, the 9
chief executive must give the land registrar a notice (a 10
withdrawal request) of the fact to the registrar. 11
(5) As soon as practicable after receiving a withdrawal request, 12
the land registrar must remove the record from the registrar's 13
records. 14
(6) No fee is payable for a record request or withdrawal request or 15
for recording or removing the record. 16
Division 2 Transfers of land the subject of a 17
restoration notice 18
157 Application of div 2 19
(1) This division applies if-- 20
(a) the recipient of a restoration notice has an interest in 21
land the subject of the notice; and 22
(b) all or part of the interest, to the extent it is the subject of 23
the notice, is transferred, in any way, to another person 24
(the transferee). 25
(2) This division applies to each of the transferee's successors of 26
the interest in the same way that it applies to the transferee. 27
158 Transferee becomes a recipient as well 28
(1) On the transfer of the interest-- 29
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Chapter 6 Power to require compliance
Part 2 Restoration notices
[s 159]
(a) a reference in the restoration notice to the recipient is 1
taken to be a reference to the recipient and to the 2
transferee, jointly and severally; and 3
(b) the restoration notice is taken to have been given to the 4
transferee; and 5
(c) the recipient's outstanding liability for any of the 6
following becomes a liability of the recipient and the 7
transferee, jointly and severally-- 8
(i) expenses in complying with the restoration notice; 9
(ii) compliance action expenses owing to the State by 10
the recipient. 11
(2) To remove any doubt, it is declared that the recipient is not 12
criminally liable for any contravention of the restoration 13
notice that happens on or after the transfer. 14
159 Chief executive may extend compliance period 15
(1) The transferee may, by notice, ask the chief executive to 16
extend the period (the original period) stated in the 17
restoration notice to take all or any of the steps required under 18
the restoration notice. 19
(2) Subsection (1) applies even if the original period has ended. 20
(3) The chief executive may, by notice to the transferee (a 21
decision notice), extend the original period (the extended 22
period). 23
(4) If the decision is not to extend or to extend for a period less 24
than the period sought in the request, the decision notice must 25
be an information notice. 26
(5) The extension has the effect of amending the restoration 27
notice from the original period to the extended period. 28
Page 95
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Chapter 6 Power to require compliance
Part 2 Restoration notices
[s 160]
Division 3 Miscellaneous provision 1
160 Chief executive's power to amend restoration notice 2
(1) The chief executive may, if the chief executive considers it 3
necessary or desirable, amend a restoration notice, including, 4
for example because of a change in technology relating to the 5
steps stated in the notice. 6
(2) However, the amendment may be made only if-- 7
(a) the recipient of the restoration notice has agreed in 8
writing to the amendment; or 9
(b) the chief executive has complied with subsections (3) 10
and (4). 11
(3) The chief executive must give the recipient a notice (a 12
proposed amendment notice) stating-- 13
(a) the proposed amendment and the reasons for it; and 14
(b) that the recipient may, within a stated period, make 15
submissions to the chief executive about the proposed 16
amendment. 17
(4) The stated period must end at least 28 days after the holder is 18
given the proposed amendment notice. 19
(5) The chief executive must consider any submissions made by 20
the recipient within the stated period. 21
(6) The chief executive must give the recipient an information 22
notice about the decision to amend the restoration notice. 23
Page 96
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Chapter 6 Power to require compliance
Part 3 General provisions about compliance notices
[s 161]
Part 3 General provisions about 1
compliance notices 2
161 Meaning of compliance notice 3
A compliance notice is a stop work notice or restoration 4
notice. 5
162 Declaratory provisions 6
(1) This section applies for the powers under this chapter to give a 7
compliance notice for a matter. 8
(2) To remove any doubt, it is declared that-- 9
(a) the powers may be exercised-- 10
(i) whether or not a proceeding for an offence has 11
been started for the matter; and 12
(ii) even if the recipient has been convicted of an 13
offence for the matter; and 14
(b) the giving of a stop work notice for the matter does not 15
prevent the giving of a restoration notice for the same 16
matter; and 17
(c) the exercise of the powers do not limit or otherwise 18
affect any other action under this Act, the Planning Act 19
or a resource Act relating to the matter. 20
163 Other persons bound by compliance notice 21
(1) A compliance notice binds its recipient's successors. 22
(2) If a recipient of a compliance notice is the holder of a source 23
authority, the notice binds anyone who holds that authority 24
from time to time. 25
(3) If, under this section, a person is bound by a compliance 26
notice-- 27
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Chapter 6 Power to require compliance
Part 3 General provisions about compliance notices
[s 164]
(a) the notice is taken to have been given to the person when 1
they became a successor or holder as mentioned in 2
subsection (1) or (2); and 3
(b) a reference in the notice to the recipient is taken to be a 4
reference to the recipient and to the person, jointly and 5
severally; and 6
(c) any of the recipient's liability for the following become 7
owing by the recipient and the person, jointly and 8
severally-- 9
(i) expenses in complying with the restoration notice; 10
(ii) compliance action expenses owing to the State by 11
the recipient. 12
164 Power to remedy compliance notice contravention 13
(1) This section applies if a recipient of a compliance notice 14
contravenes the notice, whether or not a proceeding relating to 15
the contravention has been started. 16
(2) An authorised person may use reasonable force and take any 17
other reasonable action to stop the contravention (compliance 18
action). 19
(3) Any reasonable expenses (compliance action expenses) 20
incurred by the authorised person in taking the compliance 21
action may be recovered by the State against the recipient as a 22
debt in a court with jurisdiction for the recovery of the debt. 23
(4) In this section-- 24
expenses, incurred by the authorised person, includes the cost 25
of services that the State provides for itself. 26
165 Effect on compliance notice of subsequent acquittal in 27
relevant proceeding 28
(1) This section applies to the recipient of a compliance notice if, 29
in a relevant proceeding, the recipient is acquitted. 30
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Chapter 6 Power to require compliance
Part 4 Appeals against decision to give compliance notice
[s 166]
(2) If the notice is a stop work notice, it ceases to have effect from 1
the time of the acquittal. 2
(3) If the notice is a restoration notice, it is taken never to have 3
had any effect. 4
(4) However, this section does not invalidate or otherwise affect 5
any compliance action taken relating to the compliance notice. 6
(5) In this section-- 7
relevant proceeding, for the notice, means a proceeding 8
against the recipient for the SCL offence-- 9
(a) that the authorised person who gave the notice believed 10
the recipient had committed, or was committing; or 11
(b) if the authorised person believed the recipient was 12
involved in an activity that was likely to result in a 13
commission of the SCL offence--of which the carrying 14
out of the activity was an element. 15
Part 4 Appeals against decision to 16
give compliance notice 17
166 Appeal to Planning and Environment Court 18
The recipient of an information notice about a decision under 19
this chapter may appeal against the decision to the Planning 20
and Environment Court. 21
Note-- 22
See also chapter 8, part 7 (General provisions for appeals). 23
Page 99
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Chapter 7 Investigation and Enforcement
Part 1 General provisions about authorised persons
[s 167]
Chapter 7 Investigation and 1
Enforcement 2
Part 1 General provisions about 3
authorised persons 4
Division 1 Appointment 5
167 Authorised persons 6
(1) This chapter includes provisions for the appointment of 7
authorised persons, and gives authorised persons particular 8
powers. 9
(2) The purpose of these provisions is to ensure the chief 10
executive has available suitably qualified persons who can 11
help the chief executive process applications under this Act 12
and deal with issues about compliance under this chapter. 13
168 Functions of authorised persons 14
An authorised person has the following functions-- 15
(a) to help process applications under this Act; 16
(b) to investigate, monitor and enforce compliance with this 17
Act; 18
(c) to investigate or monitor whether an occasion has arisen 19
for the exercise of powers under this Act; 20
(d) to facilitate the exercise of powers under this Act; 21
(e) to give compliance notices, and take compliance action 22
if they are not complied with. 23
Page 100
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Chapter 7 Investigation and Enforcement
Part 1 General provisions about authorised persons
[s 169]
169 Appointment and qualifications 1
(1) The chief executive may, by instrument in writing, appoint an 2
officer of the department as an authorised person. 3
(2) However, the chief executive may appoint a person as an 4
authorised person only if the chief executive is satisfied the 5
person is qualified for appointment because the person has the 6
necessary expertise or experience. 7
170 Appointment conditions and limit on powers 8
(1) An authorised person holds office on any conditions stated 9
in-- 10
(a) the authorised person's instrument of appointment; or 11
(b) a signed notice given to the authorised person; or 12
(c) a regulation. 13
(2) The instrument of appointment, a signed notice given to the 14
authorised person or a regulation may limit the authorised 15
person's powers. 16
(3) In this section-- 17
signed notice means a notice signed by the chief executive. 18
171 When office ends 19
(1) The office of a person as an authorised person ends if any of 20
the following happens-- 21
(a) the term of office stated in a condition of office ends; 22
(b) under another condition of office, the office ends; 23
(c) the authorised person's resignation under section 172 24
takes effect. 25
(2) Subsection (1) does not limit the ways the office of a person as 26
an authorised person ends. 27
(3) In this section-- 28
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Chapter 7 Investigation and Enforcement
Part 1 General provisions about authorised persons
[s 172]
condition of office means a condition under which the 1
authorised person holds office. 2
172 Resignation 3
An authorised person may resign by signed notice given to the 4
chief executive. 5
Division 2 Identity cards 6
173 Issue of identity card 7
(1) The chief executive must issue an identity card to each 8
authorised person. 9
(2) The identity card must-- 10
(a) contain a recent photo of the authorised person; and 11
(b) contain a copy of the authorised person's signature; and 12
(c) identify the person as an authorised person under this 13
Act; and 14
(d) state an expiry date for the card. 15
(3) This section does not prevent the issue of a single identity 16
card to a person for this Act and other purposes. 17
174 Production or display of identity card 18
(1) In exercising a power in relation to a person in the person's 19
presence, an authorised person must-- 20
(a) produce the authorised person's identity card for the 21
person's inspection before exercising the power; or 22
(b) have the identity card displayed so it is clearly visible to 23
the person when exercising the power. 24
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Chapter 7 Investigation and Enforcement
Part 1 General provisions about authorised persons
[s 175]
(2) However, if it is not practicable to comply with subsection (1), 1
the authorised person must produce the identity card for the 2
person's inspection at the first reasonable opportunity. 3
(3) For subsection (1), an authorised person does not exercise a 4
power in relation to a person only because the authorised 5
person has entered a place as mentioned in section 178(1)(h). 6
175 Return of identity card 7
If the office of a person as an authorised person ends, the 8
person must return the person's identity card to the chief 9
executive within 21 days after the office ends, unless the 10
person has a reasonable excuse. 11
Maximum penalty--50 penalty units. 12
Division 3 Miscellaneous provisions 13
176 References to exercise of powers 14
If-- 15
(a) a provision of this chapter refers to the exercise of a 16
power by an authorised person; and 17
(b) there is no reference to a specific power; 18
the reference is to the exercise of all or any authorised 19
persons' powers under this Act or a warrant, to the extent the 20
powers are relevant. 21
177 Reference to document includes reference to 22
reproductions from electronic document 23
A reference in this chapter to a document includes a reference 24
to an image or writing-- 25
(a) produced from an electronic document; or 26
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Chapter 7 Investigation and Enforcement
Part 2 Entry of places by authorised persons
[s 178]
(b) not yet produced, but reasonably capable of being 1
produced, from an electronic document, with or without 2
the aid of another article or device. 3
Part 2 Entry of places by authorised 4
persons 5
Division 1 Power to enter 6
178 General power to enter places 7
(1) An authorised person may enter a place if any of the following 8
apply-- 9
(a) an occupier at the place consents under division 2 to the 10
entry and section 182 has been complied with for the 11
occupier; 12
(b) the entry is to land at the place for the deciding of an 13
application under this Act relating to the land and-- 14
(i) the applicant owns and occupies the land; or 15
(ii) the authorised person has given an entry notice 16
about the proposed entry to the owner and occupier 17
of the land at least 14 days before the entry; 18
(c) the place is SCL or potential SCL and the subject of-- 19
(i) a source authority; or 20
(ii) a compliance notice given to the occupier of the 21
land; or 22
(iii) an enforcement notice under the Planning Act 23
given to the occupier of the land; 24
(d) the entry is to give an occupier of the place a stop work 25
notice requiring the occupier to immediately stop 26
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Chapter 7 Investigation and Enforcement
Part 2 Entry of places by authorised persons
[s 178]
committing an SCL offence (the stop work notice 1
service power); 2
(e) the entry is to take compliance action for land the 3
subject of a compliance notice at any reasonable time; 4
(f) in all of the following circumstances-- 5
(i) the place is land (access land) that it is reasonably 6
necessary for the authorised person to cross to 7
enter other land under any of paragraphs (b) to (e); 8
(ii) the authorised person has given the owner and 9
occupier of the access land an entry notice about 10
the proposed entry at least 7 days before the entry; 11
(iii) the entry is made in accordance with the entry 12
notice; 13
(g) the entry is made under section 185; 14
(h) it is a public place and the entry is made when the place 15
is open to the public; 16
(i) the entry is authorised under a warrant and, if there is an 17
occupier of the place, section 191 has been complied 18
with for the occupier. 19
(2) Subsection (1)(b) to (g) does not apply to a part of the place at 20
which a person resides. 21
(3) If the power to enter arose only because an occupier of the 22
place consented to the entry, the power is subject to any 23
conditions of the consent and ceases if the consent is 24
withdrawn. 25
(4) The powers to enter by consent or under a warrant are subject 26
to the terms of the consent or warrant. 27
(5) In this section-- 28
entry notice means a notice stating the following-- 29
(a) a description of the place; 30
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Chapter 7 Investigation and Enforcement
Part 2 Entry of places by authorised persons
[s 179]
(b) that the authorised person intends to enter the place and 1
may do so under this section without anyone's consent 2
or a warrant; 3
(c) the purpose of the intended entry, including the action to 4
be taken to achieve the purpose; 5
(d) the date of the intended entry; 6
(e) the period for which it is intended the authorised person 7
will be on the land to achieve the purpose. 8
Note-- 9
See also section 263 (References to right to enter). 10
179 Procedure for particular entries not by notice or consent 11
or under a warrant 12
(1) This section applies if-- 13
(a) an authorised person is intending to enter a place under 14
section 178(1)(b)(i), (c), (d) or (e); and 15
(b) the occupier of the place is present at the place. 16
(2) Before entering the place, the authorised person must do or 17
make a reasonable attempt to do the following things-- 18
(a) comply with section 174 for the occupier; 19
(b) tell the occupier the purpose of the entry; 20
(c) tell the occupier the authorised person is permitted 21
under this Act to enter the place without the occupier's 22
consent or a warrant. 23
Page 106
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Chapter 7 Investigation and Enforcement
Part 2 Entry of places by authorised persons
[s 180]
Division 2 Entry by consent or after 1
reasonable attempts to locate an 2
occupier 3
Subdivision 1 Preliminary 4
180 Application of div 2 5
This division applies if an authorised person intends to ask an 6
occupier of a place to consent to the authorised person or 7
another authorised person entering the place under section 8
178(1)(a). 9
Subdivision 2 Provisions for entry by consent 10
181 Incidental entry to ask for access 11
For the purpose of asking the occupier for the consent, an 12
authorised person may, without the occupier's consent or a 13
warrant-- 14
(a) enter land around premises at the place to an extent that 15
is reasonable to contact the occupier; or 16
(b) enter part of the place the authorised person reasonably 17
considers members of the public ordinarily are allowed 18
to enter when they wish to contact an occupier of the 19
place. 20
182 Matters authorised person must tell occupier 21
Before asking for the consent, the authorised person must give 22
a reasonable explanation to the occupier-- 23
(a) about the purpose of the entry, including the powers 24
intended to be exercised; and 25
(b) that the occupier is not required to consent; and 26
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Chapter 7 Investigation and Enforcement
Part 2 Entry of places by authorised persons
[s 183]
(c) that the consent may be given subject to conditions and 1
may be withdrawn at any time. 2
183 Consent acknowledgement 3
(1) If the consent is given, the authorised person may ask the 4
occupier to sign an acknowledgement of the consent. 5
(2) The acknowledgement must state-- 6
(a) the purpose of the entry, including the powers to be 7
exercised; and 8
(b) the following has been explained to the occupier-- 9
(i) the purpose of the entry, including the powers 10
intended to be exercised; 11
(ii) that the occupier is not required to consent; 12
(iii) that the consent may be given subject to conditions 13
and may be withdrawn at any time; and 14
(c) the occupier gives the authorised person or another 15
authorised person consent to enter the place and exercise 16
the powers; and 17
(d) the time and day the consent was given; and 18
(e) any conditions of the consent. 19
(3) If the occupier signs the acknowledgement, the authorised 20
person must immediately give a copy to the occupier. 21
(4) If-- 22
(a) an issue arises in a proceeding about whether the 23
occupier consented to the entry; and 24
(b) an acknowledgement complying with subsection (2) for 25
the entry is not produced in evidence; 26
the onus of proof is on the person relying on the lawfulness of 27
the entry to prove the occupier consented. 28
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Chapter 7 Investigation and Enforcement
Part 2 Entry of places by authorised persons
[s 184]
184 Entry only by warrant or other authorisation if consent 1
refused 2
If the occupier refuses consent to enter, the authorised person 3
must not enter the place unless the entry is under a warrant or 4
is otherwise authorised under section 178. 5
Subdivision 3 Entry after reasonable attempts to 6
locate an occupier 7
185 Entry power and requirement 8
(1) If the authorised person is unable to locate an occupier after 9
making a reasonable attempt to do so, the authorised person 10
may enter the place other than a part of the place where a 11
person resides or apparently resides. 12
(2) If the authorised person enters a place under subsection (1), 13
the authorised person must leave a notice in a conspicuous 14
position and in a reasonably secure way stating the date, time 15
and purpose of the entry. 16
Division 3 Entry under warrant 17
Subdivision 1 Obtaining warrant 18
186 Application for warrant 19
(1) An authorised person may apply to a magistrate for a warrant 20
for a place. 21
(2) The authorised person must prepare a written application that 22
states the grounds on which the warrant is sought. 23
(3) The written application must be sworn. 24
(4) The magistrate may refuse to consider the application until the 25
authorised person gives the magistrate all the information the 26
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Strategic Cropping Land Bill 2011
Chapter 7 Investigation and Enforcement
Part 2 Entry of places by authorised persons
[s 187]
magistrate requires about the application in the way the 1
magistrate requires. 2
Example-- 3
The magistrate may require additional information supporting the 4
written application to be given by statutory declaration. 5
187 Issue of warrant 6
(1) The magistrate may issue a warrant for the place only if the 7
magistrate is satisfied-- 8
(a) there are reasonable grounds for suspecting there is, or 9
will be, at the place within the next 7 days, a particular 10
thing or activity that may provide evidence of an SCL 11
offence; or 12
(b) the place is a place mentioned in section 178(1)(b) to (f) 13
and it is reasonably necessary for an authorised person 14
to have access to the place to perform the function of 15
investigating, monitoring and enforcing compliance 16
with this Act. 17
Example-- 18
The magistrate may be satisfied entry to perform the function is 19
reasonably necessary if an authorised person has made a 20
reasonable attempt to perform the function at the place without a 21
warrant, but because of obstruction, has been unsuccessful. 22
(2) The warrant must state-- 23
(a) the place to which the warrant applies; and 24
(b) that a stated authorised person or any authorised person 25
may with necessary and reasonable help and force-- 26
(i) enter the place and any other place necessary for 27
entry to the place; and 28
(ii) exercise the authorised person's powers; and 29
(c) particulars of the offence that the magistrate considers 30
appropriate; and 31
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Chapter 7 Investigation and Enforcement
Part 2 Entry of places by authorised persons
[s 188]
(d) if the warrant is issued under subsection (1)(a), the name 1
of the person suspected of having committed the offence 2
unless the name is unknown or the magistrate considers 3
it inappropriate to state the name; and 4
(e) the evidence that may be seized under the warrant; and 5
(f) the hours of the day or night when the place may be 6
entered; and 7
(g) the magistrate's name; and 8
(h) the day and time of the warrant's issue; and 9
(i) the day, within 14 days after the warrant's issue, the 10
warrant ends. 11
188 Electronic application 12
(1) An application under section 186 may be made by phone, fax, 13
email, radio, videoconferencing or another form of electronic 14
communication if the authorised person reasonably considers 15
it necessary because of-- 16
(a) urgent circumstances; or 17
(b) other special circumstances, including, for example, the 18
authorised person's remote location. 19
(2) The application-- 20
(a) may not be made before the authorised person prepares 21
the written application under section 186(2); but 22
(b) may be made before the written application is sworn. 23
189 Additional procedure if electronic application 24
(1) For an application made under section 188, the magistrate 25
may issue the warrant (the original warrant) only if the 26
magistrate is satisfied-- 27
(a) it was necessary to make the application under section 28
188; and 29
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Chapter 7 Investigation and Enforcement
Part 2 Entry of places by authorised persons
[s 189]
(b) the way the application was made under section 188 was 1
appropriate. 2
(2) After the magistrate issues the original warrant-- 3
(a) if there is a reasonably practicable way of immediately 4
giving a copy of the warrant to the authorised person, 5
including, for example, by sending a copy by fax or 6
email, the magistrate must immediately give a copy of 7
the warrant to the authorised person; or 8
(b) otherwise-- 9
(i) the magistrate must tell the authorised person the 10
information mentioned in section 187(2); and 11
(ii) the authorised person must complete a form of 12
warrant, including by writing on it the information 13
mentioned in section 187(2) provided by the 14
magistrate. 15
(3) The copy of the warrant mentioned in subsection (2)(a), or the 16
form of warrant completed under subsection (2)(b) (in either 17
case the duplicate warrant), is a duplicate of, and as effectual 18
as, the original warrant. 19
(4) The authorised person must, at the first reasonable 20
opportunity, send to the magistrate-- 21
(a) the written application complying with section 186(2) 22
and (3); and 23
(b) if the authorised person completed a form of warrant 24
under subsection (2)(b)--the completed form of 25
warrant. 26
(5) The magistrate must keep the original warrant and, on 27
receiving the documents under subsection (4)-- 28
(a) attach the documents to the original warrant; and 29
(b) give the original warrant and documents to the clerk of 30
the court of the relevant magistrates court. 31
(6) Despite subsection (3), if-- 32
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(a) an issue arises in a proceeding about whether an 1
exercise of a power was authorised by a warrant issued 2
under this section; and 3
(b) the original warrant is not produced in evidence; 4
the onus of proof is on the person relying on the lawfulness of 5
the exercise of the power to prove a warrant authorised the 6
exercise of the power. 7
(7) This section does not limit section 186. 8
(8) In this section-- 9
relevant magistrates court, in relation to a magistrate, means 10
the Magistrates Court that the magistrate constitutes under the 11
Magistrates Act 1991. 12
190 Defect in relation to a warrant 13
(1) A warrant is not invalidated by a defect in-- 14
(a) the warrant; or 15
(b) compliance with this subdivision; 16
unless the defect affects the substance of the warrant in a 17
material particular. 18
(2) In this section-- 19
warrant includes a duplicate warrant mentioned in section 20
189(3). 21
Subdivision 2 Entry procedure 22
191 Entry procedure 23
(1) This section applies if an authorised person is intending to 24
enter a place under a warrant issued under this division. 25
(2) Before entering the place, the authorised person must do or 26
make a reasonable attempt to do the following things-- 27
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(a) identify himself or herself to a person who is an 1
occupier of the place and is present by producing the 2
authorised person's identity card or another document 3
evidencing the authorised person's appointment; 4
(b) give the person a copy of the warrant; 5
(c) tell the person the authorised person is permitted by the 6
warrant to enter the place; 7
(d) give the person an opportunity to allow the authorised 8
person immediate entry to the place without using force. 9
(3) However, the authorised person need not comply with 10
subsection (2) if the authorised person believes on reasonable 11
grounds that entry to the place without compliance is required 12
to ensure the execution of the warrant is not frustrated. 13
(4) In this section-- 14
warrant includes a duplicate warrant mentioned in section 15
189(3). 16
Part 3 Other authorised persons' 17
powers and related matters 18
Division 1 General powers of authorised 19
persons after entering places 20
192 Application of div 1 21
(1) The power under this division may be exercised if an 22
authorised person enters a place under section 178, other than 23
for access land under the section, a public place or if the entry 24
was only under the stop work notice service power. 25
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(2) However, if the authorised person enters by consent or under a 1
warrant, the powers under this division are subject to any 2
conditions of the consent or terms of the warrant. 3
193 General powers 4
(1) The authorised person may do any of the following (each a 5
general power)-- 6
(a) search any part of the place; 7
(b) inspect, examine or film any part of the place or 8
anything at the place; 9
(c) take for examination a thing, or a sample of or from a 10
thing, at the place (the sample power); 11
(d) place an identifying mark in or on anything at the place; 12
(e) take an extract from, or copy, a document at the place, or 13
take the document to another place to copy; 14
(f) produce an image or writing at the place from an 15
electronic document or, to the extent it is not 16
practicable, take a thing containing an electronic 17
document to another place to produce an image or 18
writing; 19
(g) take to, into or onto the place and use any person, 20
equipment and materials the authorised person 21
reasonably requires for exercising the authorised 22
person's powers under this division; 23
(h) remain at the place for the time necessary to achieve the 24
purpose of the entry. 25
(2) The authorised person may take a necessary step to allow the 26
exercise of a general power. 27
(3) If the authorised person exercises the sample power, division 28
3, subdivision 3 applies-- 29
(a) as if the thing or sample taken had been seized under 30
that division; and 31
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(b) as if the decision to exercise the sample power were a 1
decision to seize the thing or sample. 2
(4) If the authorised person takes a document from the place to 3
copy it, the authorised person must copy and return the 4
document to the place as soon as practicable. 5
(5) If the authorised person takes from the place an article or 6
device reasonably capable of producing a document from an 7
electronic document to produce the document, the authorised 8
person must produce the document and return the article or 9
device to the place as soon as practicable. 10
(6) In this section-- 11
examine includes analyse, test, account, measure, weigh, 12
grade, gauge and identify. 13
film includes photograph, videotape and record an image in 14
another way. 15
inspect, a thing, includes open the thing and examine its 16
contents. 17
194 Power to require reasonable help 18
(1) The authorised person may make a requirement (a help 19
requirement) of an occupier of the place or a person at the 20
place to give the authorised person reasonable help to exercise 21
a general power, including, for example, to produce a 22
document or to give information. 23
(2) When making the help requirement, the authorised person 24
must give the person an offence warning for the requirement. 25
195 Offence to contravene help requirement 26
(1) A person of whom a help requirement has been made must 27
comply with the requirement, unless the person has a 28
reasonable excuse. 29
Maximum penalty--100 penalty units. 30
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(2) It is a reasonable excuse for an individual not to comply with 1
a help requirement if complying might tend to incriminate the 2
individual or expose the individual to a penalty. 3
(3) However, subsection (2) does not apply if a document or 4
information the subject of the help requirement is required to 5
be held or kept by the individual under this Act. 6
Note-- 7
See, however, section 225 (Evidential immunity for individuals 8
complying with particular requirements). 9
Division 2 Powers after entry under stop work 10
notice service power 11
196 Powers 12
If an authorised person enters a place under section 178 and 13
the entry was only under the stop work notice service power, 14
the authorised person may only-- 15
(a) give the occupier the stop work notice; and 16
(b) take into or onto the place any person the authorised 17
person reasonably requires for giving the notice. 18
Division 3 Seizure by authorised persons and 19
forfeiture 20
Subdivision 1 Power to seize 21
197 Seizing evidence at a place that may be entered without 22
consent or warrant 23
An authorised person who enters a place the person may enter 24
under this Act without the consent of an occupier of the place 25
and without a warrant may seize a thing at the place if the 26
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person reasonably believes the thing is evidence of an offence 1
against this Act. 2
198 Seizing evidence at a place that may be entered only with 3
consent or warrant 4
(1) This section applies if-- 5
(a) an authorised person is authorised to enter a place only 6
with the consent of an occupier of the place or a 7
warrant; and 8
(b) the authorised person enters the place after obtaining the 9
consent or under a warrant. 10
(2) If the authorised person enters the place with the occupier's 11
consent, the authorised person may seize a thing at the place 12
only if-- 13
(a) the authorised person reasonably believes the thing is 14
evidence of an offence against this Act; and 15
(b) seizure of the thing is consistent with the purpose of 16
entry as explained to the occupier when asking for the 17
occupier's consent. 18
(3) If the authorised person enters the place under a warrant, the 19
authorised person may seize the evidence for which the 20
warrant was issued. 21
(4) The authorised person may also seize anything else at the 22
place if the authorised person reasonably believes-- 23
(a) the thing is evidence of an offence against this Act; and 24
(b) the seizure is necessary to prevent the thing being 25
hidden, lost or destroyed. 26
(5) The authorised person may also seize a thing at the place if the 27
authorised person reasonably believes it has just been used in 28
committing an offence against this Act. 29
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199 Seizing thing or sample taken for examination 1
An authorised person who has taken a thing or sample for 2
examination under section 193(1)(c) may, after examining it, 3
seize it if-- 4
(a) the authorised person reasonably believes it is evidence 5
of an offence against this Act; and 6
(b) had the authorised person had the reasonable belief 7
when it was taken, the authorised person could, under 8
section 198, have seized the thing or, for a sample, the 9
thing from which the sample was taken. 10
200 Seizure of property subject to security 11
(1) An authorised person may seize a thing, and exercise powers 12
relating to the thing, despite a lien or other security over the 13
thing claimed by another person. 14
(2) However, the seizure does not affect the other person's claim 15
to the lien or other security against a person other than the 16
authorised person or a person acting for the authorised person. 17
Subdivision 2 Powers to support seizure 18
201 Power to secure seized thing 19
(1) Having seized a thing under this division, an authorised 20
person may-- 21
(a) leave it at the place where it was seized (the place of 22
seizure) and take reasonable action to restrict access to 23
it; or 24
(b) move it from the place of seizure. 25
(2) For subsection (1)(a), the authorised person may, for 26
example-- 27
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(a) seal the thing, or the entrance to the place of seizure, and 1
mark the thing or place to show access to the thing or 2
place is restricted; or 3
(b) for equipment--make it inoperable; or 4
Example-- 5
make it inoperable by dismantling it or removing a component 6
without which the equipment can not be used 7
(c) require a person the authorised person reasonably 8
believes is in control of the place or thing to do an act 9
mentioned in paragraph (a) or (b) or anything else an 10
authorised person could do under subsection (1)(a). 11
202 Offence to contravene other seizure requirement 12
A person must comply with a requirement made of the person 13
under section 201(2)(c), unless the person has a reasonable 14
excuse. 15
Maximum penalty--100 penalty units. 16
203 Offence to interfere 17
(1) If access to a seized thing is restricted under section 201, a 18
person must not tamper with the thing or with anything used 19
to restrict access to the thing without-- 20
(a) an authorised person's approval; or 21
(b) a reasonable excuse. 22
Maximum penalty--100 penalty units. 23
(2) If access to a place is restricted under section 201, a person 24
must not enter the place in contravention of the restriction or 25
tamper with anything used to restrict access to the place 26
without-- 27
(a) an authorised person's approval; or 28
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(b) a reasonable excuse. 1
Maximum penalty--100 penalty units. 2
Subdivision 3 Safeguards for seized things 3
204 Receipt and information notice for seized thing 4
(1) This section applies if an authorised person seizes anything 5
under this division unless-- 6
(a) the authorised person reasonably believes there is 7
no-one apparently in possession of the thing or it has 8
been abandoned; or 9
(b) because of the condition, nature and value of the thing it 10
would be unreasonable to require the authorised person 11
to comply with this section; or 12
Example-- 13
a soil sample of no inherent value 14
(c) the thing was seized under section 199 and this section 15
has, under section 193(3), already been complied with 16
for the thing. 17
(2) The authorised person must, as soon as practicable after 18
seizing the thing, give an owner or person in control of the 19
thing before it was seized-- 20
(a) a receipt for the thing that generally describes the thing 21
and its condition; and 22
(b) an information notice about the decision to seize it. 23
(3) However, if an owner or person from whom the thing is seized 24
is not present when it is seized, the receipt and information 25
notice may be given by leaving them in a conspicuous 26
position and in a reasonably secure way at the place at which 27
the thing is seized. 28
(4) The receipt and information notice may-- 29
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(a) be given in the same document; and 1
(b) relate to more than 1 seized thing. 2
(5) The authorised person may delay giving the receipt and 3
information notice if the authorised person reasonably 4
suspects giving them may frustrate or otherwise hinder an 5
investigation by the authorised person under this Act. 6
(6) However, the delay may be only for so long as the authorised 7
person continues to have the reasonable suspicion and 8
remains in the vicinity of the place at which the thing was 9
seized to keep it under observation. 10
205 Access to seized thing 11
(1) Until a seized thing is forfeited or returned, the authorised 12
person who seized the thing must allow an owner of the 13
thing-- 14
(a) to inspect it at any reasonable time and from time to 15
time; and 16
(b) if it is a document--to copy it. 17
(2) Subsection (1) does not apply if it is impracticable or would 18
be unreasonable to allow the inspection or copying. 19
(3) The inspection or copying must be allowed free of charge. 20
206 Return of seized thing 21
(1) This section applies if a seized thing has some intrinsic value 22
and is not-- 23
(a) forfeited or transferred under subdivision 4 or 5; or 24
(b) subject to a disposal order under division 4. 25
(2) The authorised person must return the seized thing to an 26
owner-- 27
(a) generally--at the end of 6 months after the seizure; or 28
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(b) if a proceeding for an offence involving the thing is 1
started within the 6 months--at the end of the 2
proceeding and any appeal from the proceeding. 3
(3) Despite subsection (2), if the thing was seized as evidence, the 4
authorised person must return the thing seized to an owner as 5
soon as practicable after the authorised person is satisfied-- 6
(a) its continued retention as evidence is no longer 7
necessary; and 8
(b) it is lawful for the owner to possess it. 9
(4) Nothing in this section affects a lien or other security over the 10
seized thing. 11
Subdivision 4 Forfeiture 12
207 Forfeiture by chief executive decision 13
(1) The chief executive may decide a seized thing is forfeited to 14
the State if an authorised person-- 15
(a) after making reasonable inquiries, can not find an 16
owner; or 17
(b) after making reasonable efforts, can not return it to an 18
owner. 19
(2) However, the authorised person is not required to-- 20
(a) make inquiries if it would be unreasonable to make 21
inquiries to find an owner; or 22
(b) make efforts if it would be unreasonable to make efforts 23
to return the thing to an owner. 24
Example for paragraph (b)-- 25
the owner of the thing has migrated to another country 26
(3) Regard must be had to the thing's condition, nature and value 27
in deciding-- 28
(a) whether it is reasonable to make inquiries or efforts; and 29
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(b) if inquiries or efforts are made--what inquiries or 1
efforts, including the period over which they are made, 2
are reasonable. 3
208 Information notice about forfeiture decision 4
(1) If the chief executive decides under section 207(1) to forfeit a 5
thing, the chief executive must as soon as practicable give a 6
person who owned the thing immediately before the forfeiture 7
(the former owner) an information notice about the decision. 8
(2) The information notice may be given by leaving it at the place 9
where the thing was seized, in a conspicuous position and in a 10
reasonably secure way. 11
(3) The information notice must state that the former owner may 12
apply for a stay of the decision if he or she appeals against the 13
decision. 14
(4) However, subsections (1) to (3) do not apply if the place 15
where the thing was seized is-- 16
(a) a public place; or 17
(b) a place where the notice is unlikely to be read by the 18
former owner. 19
Subdivision 5 Dealing with property forfeited or 20
transferred to State 21
209 When thing becomes property of the State 22
A thing becomes the property of the State if-- 23
(a) the thing is forfeited to the State under section 207(1); 24
or 25
(b) the owner of the thing and the State agree, in writing, to 26
the transfer of the ownership of the thing to the State. 27
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210 How property may be dealt with 1
(1) This section applies if, under section 209, a thing becomes the 2
property of the State. 3
(2) The chief executive may deal with the thing as the chief 4
executive considers appropriate, including, for example, by 5
destroying it or giving it away. 6
(3) The chief executive must not deal with the thing in a way that 7
could prejudice the outcome of an appeal against the 8
forfeiture under this Act. 9
(4) If the chief executive sells the thing, the chief executive may, 10
after deducting the costs of the sale, return the proceeds of the 11
sale to the former owner of the thing. 12
(5) This section is subject to any disposal order made for the 13
thing. 14
Division 4 Disposal orders 15
211 Disposal order 16
(1) This section applies if a person is convicted of an offence 17
against this Act. 18
(2) A court may make an order (a disposal order), on its own 19
initiative or on an application by the prosecution, for the 20
disposal of any of the following things owned by the person-- 21
(a) anything that was the subject of, or used to commit, the 22
offence; 23
(b) another thing the court considers is likely to be used by 24
the person or another person in committing a further 25
offence against this Act. 26
(3) The court may make a disposal order for a thing-- 27
(a) whether or not it has been seized under this Act; and 28
(b) if the thing has been seized--whether or not it has been 29
returned to the former owner. 30
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(4) In deciding whether to make a disposal order for a thing, the 1
court-- 2
(a) may require notice to be given to anyone the court 3
considers appropriate, including, for example, any 4
person who may have any property in the thing; and 5
(b) must hear any submissions that any person claiming to 6
have any property in the thing may wish to make. 7
(5) The court may make any order to enforce the disposal order 8
that it considers appropriate. 9
(6) This section does not limit the court's powers under another 10
law. 11
(7) In this section-- 12
court means-- 13
(a) a Magistrates Court; or 14
(b) any other court before which the defendant is convicted. 15
Division 5 Other information-obtaining powers 16
of authorised persons 17
212 Power to require name and address 18
(1) This section applies if an authorised person-- 19
(a) finds a person committing an offence against this Act; or 20
(b) finds a person in circumstances that lead the authorised 21
person to reasonably suspect the person has just 22
committed an offence against this Act; or 23
(c) has information that leads the authorised person to 24
reasonably suspect a person has just committed an 25
offence against this Act. 26
(2) The authorised person may require the person to state the 27
person's name, residential address, business address or an 28
address in the State (for someone temporarily in the State). 29
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(3) The authorised person may also require the person to give 1
evidence of the correctness of the stated name or address if, in 2
the circumstances, it would be reasonable to expect the person 3
to-- 4
(a) be in possession of evidence of the correctness of the 5
stated name or address; or 6
(b) otherwise be able to give the evidence. 7
(4) When making a personal details requirement, the authorised 8
person must give the person an offence warning for the 9
requirement. 10
(5) A requirement under this section is a personal details 11
requirement. 12
213 Offence to contravene personal details requirement 13
(1) A person of whom a personal details requirement has been 14
made must comply with the requirement, unless the person 15
has a reasonable excuse. 16
Maximum penalty--100 penalty units. 17
(2) A person may not be convicted of an offence under subsection 18
(1) unless the person is found guilty of the offence in relation 19
to which the personal details requirement was made. 20
214 Power to require production of documents 21
(1) An authorised person may require a person to make available 22
for inspection by an authorised person, or to produce to the 23
authorised person for inspection, at a reasonable time and 24
place nominated by the authorised person-- 25
(a) a document required to be kept by the person for 26
inspection under the Environmental Protection Act, a 27
resource Act or a source authority; or 28
(b) if a document or information required to be kept by the 29
person for inspection under this Act is stored or 30
recorded by means of a device--a document that is a 31
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clear written reproduction of the stored or recorded 1
document or information. 2
(2) A requirement under subsection (1) is a document production 3
requirement. 4
(3) For an electronic document, compliance with the document 5
production requirement requires the making available or 6
production of a clear written reproduction of the electronic 7
document. 8
(4) The authorised person may keep the document to copy it. 9
(5) If the authorised person copies the document, or an entry in 10
the document, the authorised person may require the person 11
responsible for keeping the document to certify the copy as a 12
true copy of the document or entry. 13
(6) A requirement under subsection (5) is a document 14
certification requirement. 15
(7) The authorised person must return the document to the person 16
as soon as practicable after copying it. 17
(8) However, if a document certification requirement is made of a 18
person, the authorised person may keep the document until 19
the person complies with the requirement. 20
215 Offence to contravene document production requirement 21
(1) A person of whom a document production requirement has 22
been made must comply with the requirement, unless the 23
person has a reasonable excuse. 24
Maximum penalty--100 penalty units. 25
(2) It is not a reasonable excuse for a person to fail to comply 26
with a document production requirement on the basis that 27
complying with the requirement might tend to incriminate the 28
person or expose the person to a penalty. 29
Note-- 30
See, however, section 225 (Evidential immunity for individuals 31
complying with particular requirements). 32
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(3) The authorised person must inform the person, in a way that is 1
reasonable in the circumstances-- 2
(a) that the person must comply with the document 3
production requirement even though complying might 4
tend to incriminate the person or expose the person to a 5
penalty; and 6
(b) that, under section 225, there is a limited immunity 7
against the future use of the information or document 8
given in compliance with the requirement. 9
(4) If the person fails to comply with the document production 10
requirement when the authorised person has failed to comply 11
with subsection (3), the person can not be convicted of the 12
offence against subsection (1). 13
(5) If a court convicts a person of an offence against subsection 14
(1), the court may, as well as imposing a penalty for the 15
offence, order the person to comply with the document 16
production requirement. 17
216 Offence to contravene document certification 18
requirement 19
(1) A person of whom a document certification requirement has 20
been made must comply with the requirement, unless the 21
person has a reasonable excuse. 22
Maximum penalty--100 penalty units. 23
(2) It is not a reasonable excuse for a person to fail to comply 24
with a document certification requirement on the basis that 25
complying with the requirement might tend to incriminate the 26
person or expose the person to a penalty. 27
Note-- 28
See, however, section 225 (Evidential immunity for individuals 29
complying with particular requirements). 30
(3) The authorised person must inform the person, in a way that is 31
reasonable in the circumstances-- 32
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(a) that the person must comply with the document 1
certification requirement even though complying might 2
tend to incriminate the person or expose the person to a 3
penalty; and 4
(b) that, under section 225, there is a limited immunity 5
against the future use of the information or document 6
given in compliance with the requirement. 7
(4) If the person fails to comply with the document certification 8
requirement when the authorised person has failed to comply 9
with subsection (3), the person can not be convicted of the 10
offence against subsection (1). 11
217 Power to require information 12
(1) This section applies if an authorised person reasonably 13
believes-- 14
(a) an offence against this Act has been committed; and 15
(b) a person may be able to give information about the 16
offence. 17
(2) The authorised person may, by notice given to the person, 18
require the person to give the authorised person information 19
related to the offence at a stated reasonable time and place. 20
(3) A requirement under subsection (2) is an information 21
requirement. 22
(4) For information that is an electronic document, compliance 23
with the information requirement requires the giving of a clear 24
image or written version of the electronic document. 25
(5) In this section-- 26
information includes a document. 27
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218 Offence to contravene information requirement 1
(1) A person of whom an information requirement is made must 2
comply with the requirement, unless the person has a 3
reasonable excuse. 4
Maximum penalty--100 penalty units. 5
(2) It is a reasonable excuse for an individual not to give the 6
information if giving the information might tend to 7
incriminate the individual or expose the individual to a 8
penalty. 9
(3) If a court convicts a person of an offence against subsection 10
(1), the court may, as well as imposing a penalty for the 11
offence, order the person to comply with the information 12
requirement. 13
Part 4 Other provisions relating to 14
authorised persons 15
Division 1 Damage 16
219 Duty to avoid inconvenience and minimise damage 17
In exercising a power, an authorised person must take all 18
reasonable steps to cause as little inconvenience, and do as 19
little damage, as possible. 20
Note-- 21
See also section 221. 22
220 Notice of damage 23
(1) This section applies if-- 24
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(a) an authorised person damages something when 1
exercising, or purporting to exercise, a power; or 2
(b) a person (the assistant) acting under the direction or 3
authority of an authorised person damages something. 4
(2) However, this section does not apply to damage the 5
authorised person reasonably considers is trivial or if the 6
authorised person reasonably believes-- 7
(a) there is no-one apparently in possession of the thing; or 8
(b) the thing has been abandoned. 9
(3) The authorised person must give notice of the damage to the 10
person who appears to the authorised person to be an owner, 11
or person in control, of the thing. 12
(4) However, if for any reason it is not practicable to comply with 13
subsection (3), the authorised person must-- 14
(a) leave the notice at the place where the damage 15
happened; and 16
(b) ensure it is left in a conspicuous position and in a 17
reasonably secure way. 18
(5) The authorised person may delay complying with subsection 19
(3) or (4) if the authorised person reasonably suspects 20
complying with the subsection may frustrate or otherwise 21
hinder the performance of the authorised person's functions. 22
(6) The delay may be only for so long as the authorised person 23
continues to have the reasonable suspicion and remains in the 24
vicinity of the place. 25
(7) If the authorised person believes the damage was caused by a 26
latent defect in the thing or other circumstances beyond the 27
control of the authorised person or the assistant, the 28
authorised person may state the belief in the notice. 29
(8) The notice must state-- 30
(a) particulars of the damage; and 31
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Chapter 7 Investigation and Enforcement
Part 4 Other provisions relating to authorised persons
[s 221]
(b) that the person who suffered the damage may claim 1
compensation under section 221. 2
Division 2 Compensation 3
221 Compensation 4
(1) A person may claim compensation from the State if the person 5
incurs loss because of the exercise, or purported exercise, of a 6
power by or for an authorised person including a loss arising 7
from compliance with a requirement made of the person under 8
this Act. 9
(2) However, subsection (1) does not include loss arising from a 10
lawful seizure or a lawful forfeiture. 11
(3) The compensation may be claimed and ordered in a 12
proceeding-- 13
(a) brought in a court with jurisdiction for the recovery of 14
the amount of compensation claimed; or 15
(b) for an alleged offence against this Act the investigation 16
of which gave rise to the claim for compensation. 17
(4) A court may order the payment of compensation only if it is 18
satisfied it is just to make the order in the circumstances of the 19
particular case. 20
(5) In considering whether it is just to order compensation, the 21
court must have regard to any relevant offence committed by 22
the claimant. 23
(6) A regulation may prescribe other matters that may, or must, 24
be taken into account by the court when considering whether 25
it is just to order compensation. 26
(7) Section 219 does not provide for a statutory right of 27
compensation other than is provided by this section. 28
(8) In this section-- 29
loss includes costs and damage. 30
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Part 4 Other provisions relating to authorised persons
[s 222]
Division 3 Other offences relating to 1
authorised persons 2
222 Giving authorised person false or misleading information 3
(1) A person must not, in relation to the administration of this 4
Act, give an authorised person information, or a document 5
containing information, that the person knows is false or 6
misleading in a material particular. 7
Maximum penalty--1665 penalty units. 8
(2) Subsection (1) applies to information or a document given in 9
relation to the administration of this Act whether or not the 10
information or document was given in response to a specific 11
power under this Act. 12
223 Obstructing authorised person 13
(1) A person must not obstruct an authorised person, or someone 14
helping an authorised person, exercising a power, unless the 15
person has a reasonable excuse. 16
Maximum penalty--100 penalty units. 17
(2) If a person has obstructed an authorised person, or someone 18
helping an authorised person, and the authorised person 19
decides to proceed with the exercise of the power, the 20
authorised person must warn the person that-- 21
(a) it is an offence to cause an obstruction, unless the person 22
has a reasonable excuse; and 23
(b) the authorised person considers the person's conduct an 24
obstruction. 25
(3) In this section-- 26
obstruct includes assault, hinder, resist, attempt to obstruct 27
and threaten to obstruct. 28
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Part 5 Appeals against decisions under chapter
[s 224]
224 Impersonating authorised person 1
A person must not impersonate an authorised person. 2
Maximum penalty--100 penalty units. 3
Division 4 Miscellaneous provision 4
225 Evidential immunity for individuals complying with 5
particular requirements 6
(1) This section applies if an individual gives or produces 7
information or a document to an authorised person under 8
section 194, 214 or 217, other than information or a document 9
mentioned in section 214(1)(a). 10
(2) Evidence of the information or document, and other evidence 11
directly or indirectly derived from the information or 12
document, is not admissible against the individual in any 13
proceeding to the extent it tends to incriminate the individual, 14
or expose the individual to a penalty, in the proceeding. 15
(3) Subsection (2) does not apply for a proceeding-- 16
(a) about the false or misleading nature of the information 17
or anything in the document; or 18
(b) in which the false or misleading nature of the 19
information or document is relevant evidence. 20
Part 5 Appeals against decisions 21
under chapter 22
226 Appeal to Magistrates Court 23
(1) The recipient of an information notice about a decision under 24
this chapter may appeal against the decision to a Magistrates 25
Court. 26
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Part 1 Science and Technical Implementation Committee
[s 227]
(2) Chapter 3, part 4, division 6 applies for the appeal-- 1
(a) as if the decision were an SCL protection decision; and 2
(b) as if a reference to the Land Court were a reference to 3
the Magistrates Court; and 4
(c) if the decision was not made by the chief executive--a 5
reference to the chief executive were a reference to the 6
person who made it. 7
Chapter 8 Miscellaneous provisions 8
Part 1 Science and Technical 9
Implementation Committee 10
227 Establishment 11
The Minister may establish a Science and Technical 12
Implementation Committee (the committee). 13
228 Membership 14
(1) The committee is to consist of a chairperson and at least 3 15
other members (each a committee member). 16
(2) Committee members are to be appointed by the Minister. 17
(3) However, the Minister may appoint a person as a committee 18
member only if satisfied the person has expertise or 19
experience in soil attributes and processes or another area of 20
knowledge prescribed under a regulation. 21
(4) A committee member-- 22
(a) holds office for the term stated in the person's 23
appointment; and 24
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Part 1 Science and Technical Implementation Committee
[s 229]
(b) is entitled to be paid the fees and allowances decided by 1
the Minister. 2
(5) A committee member is eligible for reappointment. 3
229 Functions 4
The committee's functions are to give the Minister-- 5
(a) independent scientific and technical advice about-- 6
(i) the administration of this Act relating to soil and 7
land resources; and 8
(i) other matters decided by the Minister; and 9
(b) if the Minister asks, a report about the administration of 10
this Act relating to soil and land resources. 11
230 Committee's business and operation 12
The Minister may make terms of reference providing for how 13
the committee is to conduct its business or perform its 14
functions. 15
231 Confidentiality relating to committee's functions 16
(1) This section applies to a person who-- 17
(a) is, or has been, a committee member; and 18
(b) in that capacity acquired protected information or has or 19
had access to, or custody of, a document containing 20
protected information. 21
(2) The person must not-- 22
(a) make a record of protected information; or 23
(b) whether directly or indirectly, divulge or communicate 24
protected information; or 25
(c) use protected information to benefit any person. 26
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Part 2 General provisions about applications
[s 232]
Maximum penalty--200 penalty units or 1 year's 1
imprisonment. 2
(3) However, subsection (2) does not apply if the record is made, 3
or the information is divulged, communicated or used-- 4
(a) to the extent necessary to perform the person's functions 5
as a committee member; or 6
(b) with the consent of-- 7
(i) if the information relates to an entity other than the 8
Minister--that entity; or 9
(ii) otherwise--the Minister; or 10
(c) as required or permitted by law. 11
(4) In this section-- 12
protected information means information not publicly 13
available and obtained for the performance of any of the 14
committee's functions. 15
Part 2 General provisions about 16
applications 17
232 Application of pt 2 18
This part applies for any application under this Act. 19
233 Requirements for making application 20
(1) The decision-maker must refuse to receive or process a 21
purported application not made under the requirements under 22
this Act for making the application. 23
(2) However, the decision-maker may decide to allow the 24
purported application to proceed and be decided as if it did 25
comply with the requirements if the decision-maker is 26
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Part 2 General provisions about applications
[s 234]
satisfied the application substantially complies with the 1
requirements. 2
234 Requisition to applicant 3
(1) The decision-maker may, by notice, require (an application 4
requisition) the applicant to do all or any of the following 5
within a stated reasonable period-- 6
(a) complete or correct the application if it appears to the 7
decision-maker to be incorrect, incomplete or defective; 8
(b) give the decision-maker additional information about, or 9
relevant to, the application; 10
(c) give the decision-maker an independent report by an 11
appropriately qualified person, or a statutory 12
declaration, verifying all or any of the following-- 13
(i) any information included in the application; 14
(ii) any additional information required under 15
paragraph (b). 16
(2) For subsection (1)(c), the application requisition may require 17
the statutory declaration-- 18
(a) to be made by an appropriately qualified independent 19
person or by the applicant; and 20
(b) if the applicant is a corporation--to be made for the 21
applicant by an executive officer of the applicant. 22
(3) The applicant must bear any costs incurred in complying with 23
the application requisition. 24
(4) The decision-maker may extend the period for complying 25
with the application requisition. 26
(5) Without limiting section 233(1) or 235, the decision-maker 27
may refuse to decide the application until the application 28
requisition is complied with. 29
(6) In this section-- 30
information includes a document. 31
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Part 2 General provisions about applications
[s 235]
235 Consequence of failure to comply with application 1
requisition 2
(1) This section applies if-- 3
(a) an application requisition has been given for an 4
application; and 5
(b) the period stated in the notice for complying with the 6
application requisition has ended; and 7
(c) the application requisition has not been complied with 8
to the decision-maker's satisfaction. 9
(2) If the application is a validation application or assessment 10
application, the decision-maker may-- 11
(a) if the decision-maker considers there is enough 12
information about the relevant matters for the 13
application--decide the application on the basis of that 14
information; or 15
(b) otherwise--decide that the application is lapsed. 16
(3) For an exceptional circumstances application, the 17
decision-maker may decide to refuse the application. 18
(4) In this section-- 19
relevant matters, for the application, means the matters 20
mentioned in-- 21
(a) if the application relates to a protection area--section 22
43; or 23
(b) if the application relates to the management 24
area--section 44. 25
236 Particular criteria generally not exhaustive 26
(1) This section applies if another provision of this Act permits or 27
requires the decision-maker to consider particular criteria in 28
deciding the application. 29
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Part 2 General provisions about applications
[s 237]
(2) To remove any doubt, it is declared that the decision-maker 1
may, in making the decision, consider any other criteria the 2
decision-maker considers relevant (other relevant criteria). 3
(3) However, subsection (2) does not apply if the provision 4
otherwise provides. 5
(4) The decision-maker may ask a submitter or anyone else for 6
information relating to the particular criteria or other relevant 7
criteria. 8
(5) In this section-- 9
criteria includes issues and matters. 10
237 Particular grounds for refusal generally not exhaustive 11
(1) This section applies if another provision of this Act provides 12
for particular grounds on which the decision-maker may 13
decide the application. 14
Example of another provision of this Act-- 15
section 235(2) or (3) 16
(2) To remove any doubt, unless the other provision otherwise 17
provides, the decision-maker may decide the application on 18
another reasonable and relevant ground, including, for 19
example, because of the precautionary principle. 20
(3) In this section-- 21
precautionary principle means the principle that lack of full 22
scientific certainty should not be used as a reason for 23
postponing a measure to prevent degradation of SCL or 24
potential SCL. 25
decide, an application, includes to refuse the thing the subject 26
of the application. 27
238 General power to impose conditions 28
A power to decide an application includes a power to-- 29
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Chapter 8 Miscellaneous provisions
Part 3 The decision register
[s 239]
(a) grant the application subject to conditions that must be 1
complied with before the application is granted; or 2
(b) approve or grant the thing the subject of the application 3
subject to conditions that must be complied with before 4
the thing is approved or granted. 5
239 Withdrawal of application 6
(1) The applicant may give the decision-maker a notice 7
withdrawing the application at any time before it is decided. 8
(2) The withdrawal takes effect when the notice is given. 9
240 Power to refund application fee 10
The decision-maker may, but need not, refund all or part of 11
any fee paid for the application if it is withdrawn or in other 12
circumstances the decision-maker considers appropriate. 13
Part 3 The decision register 14
241 Register 15
(1) The chief executive must keep a register showing the outcome 16
of each-- 17
(a) validation decision; and 18
(b) SCL protection decision; and 19
(c) exceptional circumstances decision. 20
(2) The chief executive may keep in the register any other 21
information the chief executive considers appropriate 22
including, for example, the records the chief executive must 23
keep under section 148. 24
(3) In this section-- 25
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Strategic Cropping Land Bill 2011
Chapter 8 Miscellaneous provisions
Part 4 Executive officers
[s 242]
register includes any document of a public nature, whatever 1
called. 2
242 Access to register 3
The chief executive-- 4
(a) may keep the decision register published on the 5
department's website; and 6
(b) must make the register available for inspection and 7
purchase. 8
Part 4 Executive officers 9
243 Executive officers must ensure corporation does not 10
commit SCL offences 11
(1) The executive officers of a corporation must ensure the 12
corporation complies with each provision of this Act under 13
which an SCL offence is created (an SCL offence provision). 14
(2) If a corporation commits an offence against an SCL offence 15
provision, each of the corporation's executive officers also 16
commits an offence, namely, the offence of failing to ensure 17
the corporation complies with the provision. 18
Maximum penalty--the penalty for the contravention of the 19
provision by an individual. 20
(3) Evidence the corporation has been convicted of an offence 21
against an SCL offence provision is evidence that each of the 22
executive officers committed the offence of failing to ensure 23
the corporation complies with the provision. 24
(4) However, it is a defence for an executive officer to prove-- 25
(a) if the officer was in a position to influence the conduct 26
of the corporation in relation to the SCL offence--the 27
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Chapter 8 Miscellaneous provisions
Part 5 Evidentiary provisions
[s 244]
officer exercised reasonable diligence to ensure the 1
corporation complied with the SCL offence provision; 2
or 3
(b) the officer was not in a position to influence the conduct 4
of the corporation in relation to the SCL offence. 5
Part 5 Evidentiary provisions 6
244 Application of pt 5 7
This part applies for a proceeding under or in relation to this 8
Act. 9
245 Authority 10
The power of the Minister, Coordinator-General, chief 11
executive or an authorised person to do anything under this 12
Act must be presumed unless a party to the proceeding, by 13
reasonable notice, requires proof of it. 14
246 Signatures 15
A signature purporting to be the signature of the Minister, 16
Coordinator-General or chief executive is evidence of the 17
signature it purports to be. 18
247 Evidentiary certificates 19
(1) A certificate signed, or purporting to be signed, by the chief 20
executive stating any of the following matters is evidence of 21
the matter-- 22
(a) that on a stated day or during a stated period stated land 23
was or was not any of the following-- 24
(i) SCL; 25
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Chapter 8 Miscellaneous provisions
Part 5 Evidentiary provisions
[s 248]
(ii) potential SCL; 1
(iii) in a protection area; 2
(iv) in the management area; 3
(v) in a zone; 4
(b) that a stated document of any of the following types is a 5
document given, issued, kept or made under this Act-- 6
(i) a map; 7
(ii) guidelines or a code; 8
(iii) a decision; 9
(iv) the decision register; 10
(v) another document kept under this Act; 11
(c) that a stated document is a copy of, or an extract from or 12
part of, a document mentioned in paragraph (a) or (b); 13
(d) that a copy of a stated document signed by an owner of 14
land was given to the chief executive; 15
(e) that on a stated day a stated person was given a stated 16
notice under this Act. 17
(2) Also, to the extent a matter mentioned in subsection (1) 18
relates to the Coordinator-General's functions under this Act, 19
a certificate signed, or purporting to be signed, by the 20
Coordinator-General stating any of the things mentioned in 21
subsection (1) about the matter is evidence of the matter. 22
248 Devices used by authorised person 23
(1) This section applies if-- 24
(a) a device is used by an authorised person to perform the 25
authorised person's functions under this Act; and 26
(b) the use is for a purpose for which the device was made. 27
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Chapter 8 Miscellaneous provisions
Part 5 Evidentiary provisions
[s 249]
(2) In the absence of evidence to the contrary, it is to be taken that 1
the device was working properly and the authorised person is 2
appropriately qualified. 3
(3) In this section-- 4
appropriately qualified means appropriately qualified at all 5
material times. 6
device includes an instrument, equipment and an installation. 7
working properly, for the device, includes that its operation 8
was accurate and precise at all material times. 9
249 Remotely sensed image reports 10
(1) A statement of any of the following matters in a report about a 11
remotely sensed image is evidence of the matter-- 12
(a) the person who made the report (the report-maker); 13
(b) the report-maker's qualifications; 14
(c) a stated document is, or is a copy of, a remotely sensed 15
image of a stated area; 16
(d) the day on which a stated remotely sensed image was 17
produced; 18
(e) the report-maker's stated conclusions drawn from a 19
stated remotely sensed image; 20
(f) the location of a stated area; 21
(g) whether cropping has taken place in a stated area at a 22
stated time or during a stated period. 23
(2) A signature in the report purporting be that of an appropriately 24
qualified person to give a report of that type is evidence that 25
the report-maker was so qualified. 26
(3) The notice must state the grounds on which the party intends 27
to rely to prove that the statement was not correct. 28
(4) In this section-- 29
report includes certificate. 30
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Chapter 8 Miscellaneous provisions
Part 6 Offence proceedings
[s 250]
250 Notice of challenge required for matters about devices or 1
remotely sensed image report 2
(1) This section applies if a party to the proceeding intends to 3
challenge-- 4
(a) a matter mentioned in section 248; or 5
(b) a statement mentioned in section 249. 6
(2) The party must give each other party to the proceeding notice 7
of the party's intention to adduce relevant evidence at least 28 8
days before the evidence is adduced. 9
(3) The notice must state the grounds on which the party intends 10
to rely to prove that the matter or statement was not correct. 11
Part 6 Offence proceedings 12
251 Division of offences against Act 13
(1) An offence against this Act for which the maximum penalty is 14
2 years imprisonment or more is an indictable offence, and a 15
crime. 16
(2) Any other offence against this Act is a summary offence. 17
252 Proceedings for indictable offences 18
(1) A proceeding for an indictable offence against this Act may, 19
at the prosecution's election, be taken summarily or on 20
indictment. 21
(2) A magistrate must not hear an indictable offence summarily 22
if-- 23
(a) the defendant asks at the start of the hearing that the 24
charge be prosecuted on indictment; or 25
(b) the magistrate considers that the charge should be 26
prosecuted on indictment. 27
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Chapter 8 Miscellaneous provisions
Part 6 Offence proceedings
[s 253]
(3) If subsection (2) applies-- 1
(a) the magistrate must proceed by way of an examination 2
of witnesses for an indictable offence; and 3
(b) a plea of the person charged at the start of the 4
proceeding must be disregarded; and 5
(c) evidence brought in the proceeding before the 6
magistrate decided to act under subsection (2) is taken to 7
be evidence in the proceeding for the committal of the 8
person for trial or sentence; and 9
(d) before committing the person for trial or sentence, the 10
magistrate must make a statement to the person under 11
the Justices Act 1886, section 104(2)(b). 12
(4) The maximum penalty of imprisonment that may be 13
summarily imposed for an indictable offence is 1 year's 14
imprisonment. 15
253 Limitation on who may summarily hear indictable offence 16
proceedings 17
(1) A proceeding must be before a magistrate if it is a 18
proceeding-- 19
(a) for the summary conviction of a person on a charge for 20
an indictable offence; or 21
(b) for an examination of witnesses for a charge for an 22
indictable offence. 23
(2) However, if a proceeding for an indictable offence is brought 24
before a justice who is not a magistrate, jurisdiction is limited 25
to taking or making a procedural action or order under the 26
Justices of the Peace and Commissioners for Declarations Act 27
1991. 28
254 Proceeding for summary offences 29
(1) A proceeding for a summary offence against this Act must 30
start within the later of the following periods to end-- 31
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Chapter 8 Miscellaneous provisions
Part 6 Offence proceedings
[s 255]
(a) 1 year after the commission of the offence; 1
(b) within 1 year after the offence comes to the 2
complainant's knowledge, but within 5 years after the 3
offence is committed. 4
(2) For subsection (1), an SCL offence does not come to the 5
complainant's knowledge merely because the complainant 6
receives a remotely sensed image that may provide evidence 7
of the offence. 8
255 Alternative offences 9
(1) This section applies if-- 10
(a) a section of this Act provides that an offence against a 11
subsection of the section (the smaller offence) is an 12
alternative offence for an offence against another 13
subsection of the section (the larger offence); and 14
(b) in a proceeding for an offence against the larger offence, 15
the trier of fact-- 16
(i) is not satisfied the defendant is guilty of the larger 17
offence; but 18
(ii) is satisfied the defendant is guilty of the smaller 19
offence. 20
(2) The trier of fact may find the defendant guilty of the smaller 21
offence. 22
(3) If the defendant is found guilty of the smaller offence, the 23
defendant is liable to be punished for the smaller offence. 24
(4) To remove any doubt, it is declared that-- 25
(a) this section applies regardless of whether-- 26
(i) the proceeding for the larger offence is summary or 27
on indictment; or 28
(ii) the trier of fact is a judge or a jury; and 29
(b) this section applies even if an indictment for the larger 30
offence does not include the smaller offence. 31
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Chapter 8 Miscellaneous provisions
Part 6 Offence proceedings
[s 256]
256 Statement of complainant's knowledge 1
In a complaint starting a proceeding for an offence against this 2
Act, a statement that the matter of the complaint came to the 3
complainant's knowledge on a stated day is evidence the 4
matter came to the complainant's knowledge on that day. 5
257 Conduct of representatives 6
(1) This section applies for a proceeding for an offence against 7
this Act if it is relevant to prove a person's state of mind about 8
particular conduct. 9
(2) It is enough to show-- 10
(a) the conduct was engaged in by a representative of the 11
person within the scope of the representative's actual or 12
apparent authority; and 13
(b) the representative had the state of mind. 14
(3) Conduct engaged in for a person by a representative of the 15
person within the scope of the representative's actual or 16
apparent authority is taken to have been engaged in also by 17
the person unless the person proves-- 18
(a) if the person was in a position to influence the 19
representative in relation to the conduct--the person 20
took reasonable steps to prevent the conduct; or 21
(b) the person was not in a position to influence the 22
representative in relation to the conduct. 23
(4) In this section-- 24
engaging, in conduct, includes failing to engage in conduct. 25
representative means-- 26
(a) for a corporation--an agent, employee or executive 27
officer of the corporation; or 28
(b) for an individual--an agent or employee of the 29
individual. 30
state of mind, of a person, includes the person's-- 31
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Strategic Cropping Land Bill 2011
Chapter 8 Miscellaneous provisions
Part 7 General provisions for appeals
[s 258]
(a) belief, intention, knowledge, opinion or purpose; and 1
(b) reasons for the belief, intention, opinion or purpose. 2
Part 7 General provisions for appeals 3
258 Application of pt 7 4
This part applies for an appeal against a decision under this 5
Act. 6
259 Appeal period 7
(1) The appeal must be started within 28 days after the appellant 8
receives notice of the decision. 9
(2) However, the court to which the appeal may be made may at 10
any time extend the time for starting the appeal. 11
260 Appeal does not generally affect decision 12
The appeal does not affect the operation of the decision or 13
prevent the implementation of the decision unless the decision 14
is stayed under section 261. 15
261 Stays 16
(1) The court to which the appeal is made may, on the appellant's 17
application, make an order staying the operation of the 18
decision (a stay). 19
(2) However, subsection (1) does not apply for a decision to give 20
a stop work notice. 21
(3) A stay may be granted only if the court thinks it is desirable 22
after considering-- 23
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Chapter 8 Miscellaneous provisions
Part 8 Other provisions
[s 262]
(a) the interests of any person whose interests may be 1
affected by the order being made or not being made; and 2
(b) written or oral submissions made to it by the 3
decision-maker for the decision; and 4
(c) the public interest. 5
(4) In granting a stay, the court may require an undertaking, 6
including an undertaking as to costs or damages, it considers 7
appropriate. 8
(5) The court may assess the costs or damages. 9
(6) In this section-- 10
costs or damages includes compliance action expenses. 11
Part 8 Other provisions 12
262 When documents are served by post 13
(1) Despite the Acts Interpretation Act 1954, section 39A(1), if 14
this Act requires or permits a document to be served by post, 15
service-- 16
(a) may be effected by properly addressing, prepaying and 17
posting the document as a letter; and 18
(b) is taken to have been effected at the time at which the 19
letter is posted. 20
(2) Subsection (1) applies whether the expression `deliver', 21
`give', `notify', `send' or `serve' or another expression is 22
used. 23
263 References to right to enter 24
A right under this Act to enter a place includes the right to-- 25
(a) leave and re-enter the place from time to time; and 26
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Chapter 8 Miscellaneous provisions
Part 8 Other provisions
[s 264]
(b) remain on the place for the time necessary to achieve the 1
purpose of the entry; and 2
(c) take on the place equipment, materials, vehicles or other 3
things reasonably necessary to exercise a power under 4
this Act. 5
264 Guidelines 6
(1) The chief executive may make guidelines giving advice about 7
applications under this Act. 8
(2) The chief executive must do the following for the criteria 9
guidelines and for any guidelines made under subsection (1) 10
or section 149-- 11
(a) publish them on the department's website; 12
(b) make them available for inspection and purchase. 13
265 Appropriate fee for purchasing copies 14
If a provision of this Act requires a document to be available 15
for inspection and purchase, the appropriate fee for giving a 16
copy of a document is the reasonable, but no more than the 17
actual, cost of making and giving the copy. 18
266 No compensation because of Act 19
(1) No compensation is payable by the State or an official-- 20
(a) for, or in connection with, the enactment, making or 21
operation of this Act or any statutory instrument under 22
it; or 23
(b) because of an amendment of a map under this Act; or 24
(c) because the carrying out of an activity is made unlawful, 25
or is conditioned or restricted, under this Act. 26
(2) In this section-- 27
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Chapter 8 Miscellaneous provisions
Part 8 Other provisions
[s 267]
compensation means any amount, whether by way of 1
compensation, reimbursement or otherwise. 2
267 Delegation by Minister, Coordinator-General and chief 3
executive 4
(1) The Minister, Coordinator-General or chief executive may 5
delegate their functions under this Act to an appropriately 6
qualified public service officer or employee. 7
(2) However, the Minister or Coordinator-General can not 8
delegate the function of deciding exceptional circumstances 9
applications. 10
268 Protection of officials from liability 11
(1) An official does not incur civil liability for an act done, or 12
omission made, honestly and without negligence under this 13
Act. 14
(2) If subsection (1) prevents a civil liability attaching to an 15
official, the liability attaches instead to the State. 16
269 Review of Act 17
(1) The Minister must review this Act's operation after 30 18
January 2014, but before 30 January 2016. 19
(2) The review must include a review of provisions about the 20
committee. 21
270 Approved forms 22
(1) The chief executive may approve forms for use under this Act. 23
(2) A form approved for use under this Act may be combined 24
with, or used together with, an approved form under another 25
Act. 26
Page 154
Strategic Cropping Land Bill 2011
Chapter 9 Transitional provisions
Part 1 Preliminary
[s 271]
271 Regulation-making power 1
(1) The Governor in Council may make regulations under this 2
Act. 3
(2) A regulation may provide-- 4
(a) for fees payable under this Act and the matters for 5
which they are payable; and 6
(b) for a maximum penalty of 20 penalty units for 7
contravention of the regulation. 8
Chapter 9 Transitional provisions 9
Part 1 Preliminary 10
272 Definitions for ch 9 11
In this chapter-- 12
certificate of application means a certificate of application for 13
a mining lease endorsed under the Mineral Resources Act, 14
section 252(2). 15
EIS means an environmental impact statement. 16
EP means an exploration permit under the Mineral Resources 17
Act. 18
EPC means an EP for coal. 19
finalised EIS TOR means-- 20
(a) final terms of reference for an EIS under the 21
Environmental Protection Act, section 39; or 22
(b) finalised terms of reference for an EIS under the State 23
Development Act, section 30. 24
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Chapter 9 Transitional provisions
Part 2 Existing source authorities
[s 273]
mining lease means a mining lease under the Mineral 1
Resources Act. 2
permanent impact restriction means section 93. 3
petroleum lease means a petroleum lease under the P&G Act 4
or a lease under the 1923 Act, section 40. 5
proposed tenure, for a provision about a related mining lease 6
application or petroleum lease application, means-- 7
(a) the proposed mining lease the subject of the related 8
mining lease application; or 9
(b) the proposed petroleum lease the subject of the related 10
petroleum lease application. 11
related mining lease application, for a provision about an 12
environmental authority application, means a mining lease 13
application under the Mineral Resources Act for authorised 14
activities the subject of the environmental authority 15
application. 16
related petroleum lease application, for a provision about an 17
environmental authority application, means a petroleum lease 18
application under the 1923 Act or the P&G Act for authorised 19
activities the subject of the environmental authority 20
application. 21
related resource application, for a provision about an 22
environmental authority application, means any application 23
under a resource Act for authorised activities the subject of 24
the environmental authority application. 25
Part 2 Existing source authorities 26
273 Existing source authorities not affected 27
To remove any doubt, it is declared that this Act does not 28
affect-- 29
Page 156
Strategic Cropping Land Bill 2011
Chapter 9 Transitional provisions
Part 3 Environmental and resource authority applications
[s 274]
(a) a source authority in force before the commencement; 1
or 2
(b) the operation of the Environmental Protection Act, 3
Planning Act or a resource Act for the authority. 4
Part 3 Environmental and resource 5
authority applications 6
Division 1 General provision 7
274 Act generally applies for all applications whenever made 8
(1) This Act applies for an environmental authority application or 9
resource authority application made, but not decided, before 10
the commencement. 11
(2) However, subsection (1) is subject to divisions 2 and 3. 12
Notes about the effect of this section for deciding the applications-- 13
1 If the land is not SCL or potential SCL, this Act will not affect the 14
environmental authority application or resource authority 15
application (each a source application). See sections 78 and 90. 16
2 If the land is SCL, an assessment application and an SCL protection 17
decision must be made before any source application can be 18
granted. See chapter 3, part 4, the Geothermal Act, sections 39 and 19
81, the GHG Storage Act, sections 40, 118, 130 and 235, the 20
Mineral Resources Act, section 391, the 1923 Act, section 75WC 21
and the P&G Act, sections 41, 84, 121, 132, 164, 178, 192, 396, 22
410 and 446. 23
3 If the land is potential SCL, a validation application may be made 24
for the land. If the outcome of the validation application is that the 25
land is not SCL, this Act will not affect the source application. 26
Otherwise, if the outcome of the validation application is that the 27
land is SCL, note 2 applies. 28
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Chapter 9 Transitional provisions
Part 3 Environmental and resource authority applications
[s 275]
4 If a validation application is not made, the applicant for a source 1
application must, for the assessment application, elect to treat the 2
land as being SCL. See section 84, as applied under section 96. 3
5 If, under an SCL protection decision, the land is identified 4
permanently impacted land, the mitigation requirement will apply. 5
Division 2 Exclusion of all of Act for particular 6
applications 7
275 Exclusion 8
An environmental authority application and its related mining 9
lease application or related petroleum lease application must 10
be dealt with and decided as if this Act had not commenced if 11
they are excluded under this division. 12
276 EIS stage completed on or before 31 May 2011 13
(1) An environmental authority application and its related mining 14
lease application or related petroleum lease application made 15
at any time is excluded if the EIS stage for the proposed 16
tenure was completed on or before 31 May 2011. 17
(2) For subsection (1), the EIS stage is completed only if one of 18
the following applied for an EIS for, or that included, the 19
proposed tenure-- 20
(a) the EIS process had been completed under the 21
Environmental Protection Act, section 60; 22
(b) the giving, under the State Development Act, of the 23
Coordinator-General's report for the EIS. 24
277 Draft environmental authority on or before 31 May 2011 25
(1) An environmental authority application and its related mining 26
lease application or related petroleum lease application are 27
excluded if a draft environmental authority was given on or 28
before 31 May 2011. 29
Page 158
Strategic Cropping Land Bill 2011
Chapter 9 Transitional provisions
Part 3 Environmental and resource authority applications
[s 278]
(2) In this section-- 1
draft environmental authority means a draft environmental 2
authority for the environmental authority application under 3
the Environmental Protection Act. 4
Division 3 Exclusion of permanent impact 5
restriction for particular 6
applications 7
278 Exclusion 8
(1) The permanent impact restriction does not apply for an 9
environmental authority application and its related resource 10
application if they are excluded under this division. 11
(2) To remove any doubt, it is declared that if subsection (1) 12
applies, all of this Act apart from the permanent impact 13
restriction applies for the applications, regardless of when 14
they were made or will be made. 15
Note-- 16
For the effects of this section, see notes 2 to 4 for section 274. 17
279 Applications made and finalised EIS TOR on or before 18
31 May 2011 19
An environmental authority application and its related mining 20
lease application or related petroleum lease application are 21
excluded if, on or before 31 May 2011-- 22
(a) there was a finalised EIS TOR for the proposed tenure; 23
and 24
(b) either-- 25
(i) for the mining lease application--a certificate of 26
application had been issued for the application; or 27
Page 159
Strategic Cropping Land Bill 2011
Chapter 9 Transitional provisions
Part 3 Environmental and resource authority applications
[s 280]
(ii) for the petroleum lease application--it complied 1
with the relevant requirements under the 1923 Act 2
or the P&G Act. 3
280 Finalised EIS TOR on or before 31 May 2011 for petroleum 4
lease application 5
(1) This section applies for an environmental authority 6
application for which the related resource application is for a 7
petroleum lease. 8
(2) The applications are excluded if-- 9
(a) on or before 31 May 2011 there was a finalised EIS 10
TOR for an area that included the area of an ATP; and 11
(b) the area subject to the petroleum lease application 12
includes the ATP's area. 13
(3) In this section-- 14
ATP means an authority to prospect under the P&G Act or the 15
1923 Act. 16
281 Existing mining lease and EP or MDL forming a 17
contiguous area 18
(1) This section applies if-- 19
(a) the area of a mining lease and an EP or MDL formed a 20
contiguous area on 23 August 2010; and 21
(b) on or before 23 August 2010-- 22
(i) a mining lease application was made for any of the 23
area of the EP or MDL; and 24
(ii) a certificate of application was issued for the 25
mining lease application; and 26
(c) the applicant was the tenure holder of the mining lease 27
and of the EP or MDL on 23 August 2010. 28
(2) The mining lease application and any environmental authority 29
application to which it relates are excluded. 30
Page 160
Strategic Cropping Land Bill 2011
Chapter 9 Transitional provisions
Part 3 Environmental and resource authority applications
[s 282]
(3) In this section-- 1
MDL means a mineral development licence under the Mineral 2
Resources Act. 3
282 Future mining lease relating to EPC 891 4
(1) Any environmental authority application and any related 5
resource application for a mining lease relating to EPC 891 is 6
excluded. 7
(2) However, the exclusion only applies for resource activities 8
under an EIS resulting from the finalised EIS TOR relating to 9
EPC 891, published on 2 June 2011. 10
Division 4 Provision for future environmental 11
authority or mining lease relating to 12
EPC 891 13
283 SCL protection conditions imposed 14
(1) This section applies for any environmental authority or 15
mining lease granted because of an application mentioned in 16
section 282(1). 17
(2) It is a condition of the lease that no open cut mining can be 18
carried out under the lease. 19
(3) It is a condition of the environmental authority that its holder 20
must use all reasonable endeavours to rehabilitate all impacts 21
on the land from underground coal mining carried out under 22
the lease. 23
Example-- 24
if the mining causes subsidence, contouring and laser levelling 25
(4) The conditions are SCL protection conditions. 26
(5) This section does not limit or otherwise affect the power, 27
under chapter 3, part 4, to impose other SCL protection 28
Page 161
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Chapter 9 Transitional provisions
Part 4 Miscellaneous provisions
[s 284]
conditions for the authorities that are not inconsistent with the 1
conditions. 2
Part 4 Miscellaneous provisions 3
284 Effect of regulation amendment 4
The amendment of the Sustainable Planning Regulation 2009 5
under this Act does not affect the Governor in Council's 6
power to further amend the regulation or to repeal it. 7
285 Provision for prescribing major renewable energy 8
projects as development in exceptional circumstances 9
(1) Section 113(2)(a) and section 114 do not apply for the making 10
of a regulation under section 113(1) to prescribe major 11
renewable energy projects. 12
(2) In this section-- 13
major renewable energy projects means developments for 14
projects under which it is proposed to generate more than 15
30MW of electricity from a renewable energy source. 16
renewable energy source means wind, solar energy or 17
biomass. 18
Examples of biomass-- 19
energy crops, wood waste, agricultural waste, waste from processing 20
agricultural products, food waste, food processing waste 21
Examples of things that are not a renewable energy source-- 22
fossil fuels and materials and waste products derived from them 23
Page 162
Strategic Cropping Land Bill 2011
Chapter 10 Amendment of legislation
Part 1 Amendment of Environmental Protection Act 1994
[s 286]
Chapter 10 Amendment of legislation 1
Part 1 Amendment of Environmental 2
Protection Act 1994 3
286 Act amended 4
This part amends the Environmental Protection Act 1994. 5
287 Amendment of s 146 (Purpose of ch 5) 6
Section 146, after subsection (2)-- 7
insert-- 8
`Note-- 9
The Strategic Cropping Land Act 2011, chapter 3, part 4, division 2 10
imposes restrictions on the issuing of environmental authorities for SCL 11
and potential SCL under that Act.'. 12
288 Amendment of s 309A (What this chapter is about) 13
Section 309A, after subsection (3)-- 14
insert-- 15
`Note-- 16
The Strategic Cropping Land Act 2011, chapter 3, part 4, division 2 17
imposes restrictions on the issuing of environmental authorities for SCL 18
and potential SCL under that Act.'. 19
Page 163
Strategic Cropping Land Bill 2011
Chapter 10 Amendment of legislation
Part 2 Amendment of Sustainable Planning Regulation 2009
[s 289]
Part 2 Amendment of Sustainable 1
Planning Regulation 2009 2
289 Regulation amended 3
This part amends the Sustainable Planning Regulation 2009. 4
290 Amendment of sch 7 (Referral agencies and their 5
jurisdictions) 6
Schedule 7, table 3-- 7
insert-- 8
`Particular development on SCL or potential SCL
27 Material change of use, other than a The SCL chief 1 The SCL
use or in an area mentioned in executive--as a principles.
schedule 13A, of a lot of 5ha or concurrence agency
2 The SCL Act's
larger if the footprint for the change
of use is-- purposes.
(a) wholly or partly on SCL or
potential SCL; and
(b) more than 750m2
28 Reconfiguring a lot, other than in an The SCL chief 1 The SCL
area mentioned in schedule 13A, if, executive--as a principles.
under the reconfiguration, any lot concurrence agency
2 The SCL Act's
with SCL or potential SCL in it is
less than 15ha purposes.
Page 164
Strategic Cropping Land Bill 2011
Chapter 10 Amendment of legislation
Part 2 Amendment of Sustainable Planning Regulation 2009
[s 291]
29 A material change of use (not The Minister The SCL Act,
relating to a significant project) in a administering the chapter 4
protection area-- SCL Act--as a
concurrence agency
(a) for which the SCL chief
executive is a concurrence
agency under item 27; and
(b) the carrying out of which will
have a permanent impact on
SCL or potential SCL; and
(c) the footprint of which is more
than 3000m2
30 A material change of use relating to The The SCL Act,
a significant project in a protection Coordinator-General chapter 4'.
area-- under the State
Development and
(a) for which the SCL chief Public Works
executive is a concurrence Organisation Act
agency under item 27; and 1971--as a
(b) the carrying out of which will concurrence agency
have a permanent impact on
SCL or potential SCL; and
(c) the footprint of which is more
than 3000m2
291 Insertion of new sch 13A 1
After schedule 13-- 2
insert-- 3
`Schedule 13A Excluded matters for SCL or 4
potential SCL concurrence 5
agency jurisdiction 6
schedule 7, table 3, items 27 and 28 7
1 Any of the following as defined under the standard planning 8
scheme provisions-- 9
· animal husbandry 10
Page 165
Strategic Cropping Land Bill 2011
Chapter 10 Amendment of legislation
Part 2 Amendment of Sustainable Planning Regulation 2009
[s 292]
· animal keeping 1
· cropping 2
· a home based business 3
· intensive animal industries, but only to the extent any of 4
the industries are feedlotting 5
· intensive horticulture 6
· landing 7
· outdoor lighting 8
· roadside stalls 9
· a winery 10
2 A domestic housing activity 11
3 A building, structure or activity supporting cropping on SCL 12
or potential SCL 13
4 An urban area 14
5 An area zoned under a planning scheme for rural residential or 15
future rural residential purposes 16
6 An area described as urban footprint under a regional plan or 17
State planning regulatory provision 18
7 A key resource area'. 19
292 Amendment of sch 26 (Dictionary) 20
Schedule 26-- 21
insert-- 22
`exceptional circumstances, for development, see the SCL 23
Act, section 15. 24
footprint, for a provision about development, means the 25
proportion of the relevant lot covered by-- 26
(a) buildings or structures measured to their outermost 27
projection; and 28
Page 166
Strategic Cropping Land Bill 2011
Chapter 10 Amendment of legislation
Part 2 Amendment of Sustainable Planning Regulation 2009
[s 292]
(b) any of the following relating to the buildings or 1
structures or the development-- 2
(i) asphalt, concrete or another hard built surface; 3
(ii) a carpark; 4
(iii) a road or access track; 5
(iv) an area used for vehicle movement or parking; 6
(v) an area used or that may be used for storage. 7
potential SCL see the SCL Act, section 10. 8
protection area see the SCL Act, section 28(2). 9
SCL see the SCL Act, section 9(2). 10
SCL Act means the Strategic Cropping Land Act 2011. 11
SCL chief executive means the chief executive of the 12
department in which the SCL Act is administered. 13
SCL principles see the SCL Act, section 11. 14
significant project see the State Development and Public 15
Works Organisation Act 1971, schedule 2.'. 16
Page 167
Strategic Cropping Land Bill 2011
Schedule 1
Schedule 1 Zonal criteria for original zones 1
section 27(1)(a) 2
Part 1 Preliminary 3
Division 1 Application 4
1 What sch 1 is about 5
(1) This schedule provides for the zonal criteria for land in zones, 6
other than for those created under a zonal amendment under a 7
regulation. 8
(2) To make a validation application for land, sections 43, 48 and 9
51 require an assessment of whether or not the land is zonal 10
criteria compliant, in the way provided for under any criteria 11
guidelines. 12
2 References to land or soil are to sites 13
In this schedule, a reference to land or to soil is not a reference 14
to all of the land the subject of the application, but a reference 15
to the land or soil at each site being assessed against the zonal 16
criteria. 17
Division 2 Publication definitions 18
3 Application of div 2 19
(1) This division defines, with an abbreviated title, the 20
publications (a defined publication) referred to in this 21
schedule. 22
(2) However, if a regulation prescribes a later edition or revision 23
of a defined publication, the definition is changed to the later 24
edition or revision. 25
Page 168
Strategic Cropping Land Bill 2011
Schedule 1
(3) A later edition or revision may be prescribed even though 1
there has been a change to the author, publisher or title of the 2
defined publication. 3
4 Defined publications 4
(1) The field handbook is National Committee on Soil and 5
Terrain (2009) `Australian Soil and Land Survey Field 6
Handbook', 3rd ed, CSIRO Publishing, Collingwood, 7
Victoria. 8
(2) The soil chemical methods is Rayment GE and Lyons DJ 9
(2011) `Soil Chemical Methods--Australasia', CSIRO 10
Publishing, Collingwood, Victoria. 11
(3) The standard soil colour chart is-- 12
(a) Fujihara Industry Company (2001) `Revised Standard 13
Soil Color Charts', Fujihara Industry Co, Tokyo; or 14
(b) Munsell Color Company (2000) `Munsell Soil Color 15
Charts', Munsell Color Co, Baltimore, MD. 16
Division 3 Drainage 17
5 Favourable drainage 18
Particular soil in land has favourable drainage if its profile 19
has no waterlogged layer within 1000mm of the surface. 20
6 Satisfactory drainage 21
Particular soil in land has satisfactory drainage if its profile 22
has no waterlogged layer within 300mm of the surface. 23
7 Waterlogged layer 24
(1) A waterlogged layer, for land, is a layer in its profile with any 25
of the following-- 26
(a) a dominant soil colour that is gleyed; 27
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Strategic Cropping Land Bill 2011
Schedule 1
(b) a dominant soil colour that-- 1
(i) is grey; and 2
(ii) has at least 10% distinct or prominent mottles of an 3
orange or rusty colour; 4
(c) any other dominant soil colour that has at least 10% 5
distinct or prominent mottles of a gleyed colour; 6
(d) a conspicuous bleach at least 100mm thick not directly 7
overlying bedrock or weathered rock. 8
(2) For this section, a soil's colour must be worked out by visually 9
comparing it with a standard soil colour chart. 10
(3) In this section-- 11
conspicuous bleach means a white or almost white colour-- 12
(a) that is the dominant colour of the layer; and 13
(b) that contains 10% or less mottles; and 14
(c) for which its closest match (when dry) is to a colour 15
chip with a value of 7 or 8 and a chroma of 4 or less on a 16
standard soil colour chart's 5YR, 7.5YR or 10YR chart. 17
gleyed, for a soil colour, means-- 18
(a) it is bluish-grey to greenish-grey; and 19
(b) its closest match (when moist) is to the colour chips of a 20
standard soil colour chart of any colour chip-- 21
(i) on a gley chart; or 22
(ii) with a value of 7 or 8 and a chroma of 3 or less on 23
a standard soil colour chart's 2.5Y or 5Y chart. 24
grey, for a soil colour, means-- 25
(a) it is not gleyed; and 26
(b) its closest match (when moist) is to a colour chip with a 27
value of 4 or more and a chroma of 2 or less on any chart 28
of a standard soil colour chart. 29
mottles means clear patches or streaks of sub-dominant colour 30
(when moist) within a differently coloured soil matrix. 31
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Schedule 1
orange, for a soil colour, means its closest match (when 1
moist) is to a colour chip with a value 6 or 7 and a chroma of 6 2
or more on a standard soil colour chart's 5YR or 7.5YR chart. 3
rusty, for a soil colour, means its closest match (when moist) 4
is to a colour chip with a value 3 or more and a chroma of 3 or 5
more on a standard soil colour chart's 2.5YR, 5R, 7.5R or 10R 6
chart. 7
Division 4 Rockiness 8
8 Rockiness 9
(1) Rockiness is the average density of-- 10
(a) unattached rock fragments larger than 60mm average 11
maximum dimension on the surface of the land; and 12
Note-- 13
Rock fragments refers to cobbles, stones and boulders as defined 14
under the field handbook. 15
(b) consolidated outcrops of underlying bedrock protruding 16
above the surface. 17
(2) The average density must be worked out using the visual 18
estimation charts in the field handbook. 19
9 Bedrock 20
Bedrock is a continuous mass of consolidated rock that has 21
been little-weathered. 22
Notes about bedrock-- 23
1 It may underlie a profile or protrude above the surface. 24
2 It is usually too hard to dig with hand tools, even if moist. 25
3 It is not underlain by unconsolidated soil material and is 26
distinguished from hardpans that are underlain by unconsolidated 27
soil material. However, bedrock may be underlain by other layers of 28
softer rock. 29
4 Under the field handbook it is defined as an `R' horizon. 30
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Schedule 1
10 Weathered rock 1
(1) Weathered rock is loosely consolidated material-- 2
(a) in which there has been minimal biological activity; and 3
(b) that is more like fresh, unweathered rock than the soil 4
material above. 5
(2) For subsection (1), the material may be any of the following 6
as defined under the field handbook-- 7
(a) partially weathered rock; 8
(b) saprolite; 9
(c) decomposed rock. 10
Note-- 11
Features distinguishing weathered rock from soil are-- 12
(a) a markedly increased occurrence of rock fragments compared with 13
soil layers above; or 14
(b) a presence of a `ghost rock' structure in which the material has the 15
outline of rock layers or fragments but is as soft as the overlying 16
soil layers; or 17
(c) a predominance of `mealy' material with a characteristic gritty 18
appearance similar to fine `crusher dust' or `deco'. 19
Division 5 Other definitions 20
11 Chloride content 21
Chloride content is a measurement of soil chloride using a 1:5 22
soil to water suspension, under method 5A1, 5A2, 5A3 or 23
5A4 under soil chemical methods. 24
12 Electrical conductivity 25
Electrical conductivity is a measurement of soil salinity using 26
a 1:5 soil to water suspension carried out in the field or by 27
laboratory measurement following the method 3A1 in soil 28
chemical methods. 29
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Strategic Cropping Land Bill 2011
Schedule 1
13 Gilgai microrelief 1
Gilgai microrelief is gilgai microrelief as defined under the 2
field handbook. 3
14 Soil pH 4
Soil pH is a measurement of soil acidity or alkalinity carried 5
out in the field, or by laboratory measurement using a 1:5 soil 6
to water suspension under method 4A1 in soil chemical 7
methods. 8
15 Rigid soils and non-rigid soils 9
(1) Rigid soils are soils with minimal capacity to shrink and swell 10
with changing water content. 11
(2) For subsection (1), minimal capacity to shrink and swell exists 12
only if, when dry, the soil does not have-- 13
(a) open cracks that-- 14
(i) are 5mm wide or more; and 15
(ii) extend from at least 300mm below the surface 16
vertically upwards to-- 17
(A) the surface; or 18
(B) immediately below a plough layer; or 19
(C) immediately below a thin, natural surface 20
layer; or 21
(b) gilgai microrelief. 22
(3) Non-rigid soils are soils other than rigid soils. 23
16 Slope 24
The slope of particular land is the upward or downward 25
surface incline, measured over an interval of at least 20m. 26
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Strategic Cropping Land Bill 2011
Schedule 1
17 Soil depth 1
(1) Soil depth, for soil, is the depth of the soil to any of the 2
following-- 3
(a) bedrock; 4
(b) a hard pan; 5
(c) weathered rock; 6
(d) a continuous gravel layer. 7
(2) In this section-- 8
continuous gravel layer means a continuous layer that-- 9
(a) extends beneath most of the surface; and 10
(b) contains very abundant (90% or more) unconsolidated 11
rock fragments of 2mm or more. 12
Note-- 13
A continuous gravel layer retards penetration by plant roots. 14
hard pan means a hardened layer of soil-- 15
(a) formed by natural processes; and 16
(b) that is a strongly cemented or very strongly cemented 17
pan as defined under the field handbook. 18
18 Soil physico-chemical limitation 19
(1) A soil physico-chemical limitation for soil means it has-- 20
(a) for any soil in the Western Cropping zone or Eastern 21
Darling Downs zone--a chloride content of more than 22
800mg/kg; and 23
(b) for any soil in the Coastal Queensland zone, Granite 24
Belt zone or Wet Tropics zone--an electrical 25
conductivity of more than 0.56 dS/m; and 26
(c) for any soil in any zone--a soil pH of 5.0 or less; and 27
(d) for rigid soils in any zone-- 28
(i) a soil pH of more than 8.9; or 29
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Strategic Cropping Land Bill 2011
Schedule 1
(ii) an exchangeable sodium percentage of more than 1
15; or 2
(iii) a calcium to magnesium ratio of 0.1 or less. 3
(2) The exchangeable sodium percentage is the percentage of the 4
total cation exchange capacity (CEC) due to exchangeable 5
sodium, measured using-- 6
(a) generally--the most appropriate method described in 7
Table 15.2 of soil chemical methods; or 8
(b) for strongly acid soils--method 15J1 in soil chemical 9
methods (known as `effective CEC' or `ECEC'). 10
(3) However, the exchangeable sodium percentage must not be 11
used if-- 12
(a) the CEC or ECEC is less than 3cmol/kg; or 13
(b) the soil texture is sandy loam or lighter, as defined under 14
the field handbook. 15
(4) The calcium to magnesium ratio is the ratio of exchangeable 16
calcium to exchangeable magnesium, worked out using a 17
relevant method under soil chemical methods. 18
19 Soil water storage 19
(1) Soil water storage is the amount of total water stored in a soil 20
profile that is available for plant use, expressed as millimetres 21
of water from the surface to the effective rooting depth of the 22
soil. 23
(2) For subsection (1)-- 24
(a) the amount may be worked out by-- 25
(i) the soil texture look-up table; or 26
(ii) a combination of laboratory measurement and 27
direct field measurement, using the methodology 28
under subsection (4); and 29
(b) the effective rooting depth of the soil is the shallowest of 30
the following for the soil-- 31
(i) its soil depth; 32
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(ii) the depth of any soil physico-chemical limitation 1
for the soil; 2
(iii) a depth of 1000mm. 3
(3) However, the soil texture look-up table can not be used if the 4
value worked out by using the table is within 15% of the 5
amount stated in part 2, criterion 8 for the zone. 6
(4) For subsection (2)(a)(ii), the methodology is-- 7
(a) a drained lower limit must be measured at a soil water 8
potential of negative 1500kPa; and 9
(b) the drained upper limit for the soil must be worked out 10
using direct field measurement; and 11
(c) the soil water storage is the difference between the value 12
of the 2 limits. 13
(5) In this section-- 14
soil texture look-up table means the following table, using the 15
soil texture classes under the field handbook-- 16
Soil texture Estimated soil water
storage per 100mm of
soil depth (in mm)
sand; clayey sand; loamy sand 4
sandy loam 5
loam; silty loam; sandy clay loam 6
clay loam; clay loam, sandy; silty clay loam 8
light clay; light medium clay 10
medium clay; medium heavy clay; heavy 12
clay
Note-- 17
Individual values for each increment or soil layer are summed to the 18
effective rooting depth to give the soil water storage. 19
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20 Surface 1
Surface, for a provision about land or soil, is the ground 2
surface of the land or soil. 3
Part 2 Criteria 4
Division 1 Western Cropping zone 5
Criterion 1 6
Slope is 3% or less. 7
Criterion 2 8
Rockiness is 20% or less. 9
Criterion 3 10
The average density of gilgai microrelief with depressions of more than 11
500mm is less than 50% of the land surface. 12
Criterion 4 13
Soil depth is 600 mm or more. 14
Criterion 5 15
The land has favourable drainage. 16
Criterion 6 17
Soil pH at 300mm depth and 600mm depth is as follows-- 18
(a) for rigid soils--5.1 or more to 8.9; 19
(b) for non-rigid soils--more than 5.0. 20
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Criterion 7 1
Soil at 600mm depth or shallower has a chloride content of less than 2
800mg/kg. 3
Criterion 8 4
The land's soil water storage is 100mm or more. 5
Division 2 Eastern Darling Downs zone 6
Criterion 1 7
Slope is 5% or less. 8
Criterion 2 9
Rockiness is 20% or less. 10
Criterion 3 11
The average density of gilgai microrelief with depressions of more than 12
500mm is less than 50% of the land surface. 13
Criterion 4 14
Soil depth is 600mm or more. 15
Criterion 5 16
The land has favourable drainage. 17
Criterion 6 18
Soil pH at 300mm depth and 600mm depth is as follows-- 19
(a) for rigid soils--5.1 or more to 8.9; 20
(b) for non-rigid soils--more than 5.0. 21
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Criterion 7 1
Soil at 600mm depth or shallower has a chloride content of less than 2
800mg/kg. 3
Criterion 8 4
The land's soil water storage is 100mm or more. 5
Division 3 Coastal Queensland zone 6
Criterion 1 7
Slope is 5% or less. 8
Criterion 2 9
Rockiness is 20% or less. 10
Criterion 3 11
The average density of gilgai microrelief with depressions of more than 12
500mm is less than 50% of the land surface. 13
Criterion 4 14
Soil depth is 600mm or more. 15
Criterion 5 16
The land has favourable drainage. 17
Criterion 6 18
Soil pH at 300mm depth and 600mm depth is as follows-- 19
(a) for rigid soils--5.1 or more to 8.9; 20
(b) for non-rigid soils--more than 5.0. 21
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Criterion 7 1
Soil at 600mm depth or shallower has an electrical conductivity of less than 2
0.56 dS/m. 3
Criterion 8 4
The land's soil water storage is 75mm or more. 5
Division 4 Wet Tropics zone 6
Criterion 1 7
Slope is 5% or less. 8
Criterion 2 9
Rockiness is 20% or less. 10
Criterion 3 11
The average density of gilgai microrelief with depressions of more than 12
500mm is less than 50% of the land surface. 13
Criterion 4 14
Soil depth is 600mm or more. 15
Criterion 5 16
The land has favourable drainage. 17
Criterion 6 18
Soil pH at 300mm depth and 600mm depth is as follows-- 19
(a) for rigid soils--5.1 or more to 8.9; 20
(b) for non-rigid soils--more than 5.0. 21
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Criterion 7 1
Soil at 600mm depth or shallower has an electrical conductivity of less than 2
0.56 dS/m. 3
Criterion 8 4
The land's soil water storage is 50mm or more. 5
Division 5 Granite Belt zone 6
Criterion 1 7
Slope is 5% or less. 8
Criterion 2 9
Rockiness is 20% or less. 10
Criterion 3 11
The average density of gilgai microrelief with depressions of more than 12
500mm is less than 50% of the land surface. 13
Criterion 4 14
Soil depth is 600mm or more. 15
Criterion 5 16
The land has satisfactory drainage. 17
Criterion 6 18
Soil pH at 300mm depth and 600mm depth is as follows-- 19
(a) for rigid soils--5.1 or more to 8.9; 20
(b) for non-rigid soils--more than 5.0. 21
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Criterion 7 1
Soil at 600mm depth or shallower has an electrical conductivity of less than 2
0.56 dS/m. 3
Criterion 8 4
The land's soil water storage is 25mm or more. 5
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Schedule 2 Dictionary 1
section 8 2
1923 Act see section 17(1). 3
advisory group see section 145. 4
alternative offence has the meaning affected by section 255. 5
application requisition see section 234(1). 6
appropriately qualified, for the performance of a function, 7
includes having the qualifications, experience and 8
competence to perform the function. 9
approval includes a certificate of classification or other 10
certificate, or a consent, notice, permission, permit or other 11
authorisation, whatever called. 12
approved form means the form approved under section 270. 13
assessment application see section 94(1). 14
authorised person means a person who holds office under 15
chapter 7, part 1 as an authorised person. 16
available for inspection and purchase, for a provision about a 17
document of or held by the department or the State 18
Development department, means that the entity's chief 19
executive must do the following-- 20
(b) make the document available for inspection during 21
office hours on business days, free of charge, by 22
members of the public at the entity's head office and any 23
of its regional offices decided by the chief executive; 24
(b) permit anyone to take extracts from the document at the 25
head office and the decided offices; 26
(c) if anyone asks for a copy of the document or part of it 27
and pays an appropriate fee, give the person the copy. 28
bedrock, for schedule 1, see schedule 1, section 9. 29
boundary change means-- 30
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(a) a change to a boundary because of the closure, 1
realignment or widening of a road; or 2
(b) a reconfiguration of a lot under the Planning Act; or 3
(c) a change to a local government boundary. 4
certificate of application see section 272. 5
chloride content, for schedule 1, see schedule 1, section 11. 6
commencement see section 2. 7
committee see section 227. 8
committee member see section 228(1). 9
compliance action see section 164(2). 10
compliance action expenses see section 164(3). 11
compliance notice see section 161. 12
contiguous means abutting, with at least 1 side in common. 13
Coordinator-General see the State Development Act, 14
schedule 2. 15
criteria decision see section 60. 16
criteria guidelines see section 51(1). 17
cropping includes the following-- 18
(a) the yield of any form of cultivated crop for any purpose, 19
including, for example, for food, as fibre, for fodder or 20
medicinal purposes; 21
(b) the growing of trees to produce, or as a component for, 22
food, fibre or a medicinal product; 23
(c) harvesting a timber plantation. 24
cropping history decision see section 65(2). 25
decided non-SCL see section 9(3). 26
decision-maker-- 27
(a) for a provision about an application under this 28
Act--means the person who is deciding, or is or will be 29
required to decide, the application; or 30
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(b) for a decision--means the person who made the 1
decision. 2
decision register means the register the chief executive keeps 3
under section 241. 4
deed requirements see section 134(b). 5
development see section 13(1), as affected by section 13(2). 6
development approval see section 16(3). 7
disposal order see section 211(2). 8
document certification requirement see section 214(6). 9
document production requirement see section 214(2). 10
EIS see section 272. 11
electrical conductivity, for schedule 1, see schedule 1, section 12
12. 13
electronic document means a document of a type under the 14
Acts Interpretation Act 1954, section 36, definition document, 15
paragraph (c). 16
eligible land see section 61(2)(b). 17
eligible person, for land, see section 41. 18
environmental authority see the Environmental Protection 19
Act, schedule 4. 20
Environmental Protection Act means the Environmental 21
Protection Act 1994. 22
EP see section 272. 23
EPC see section 272. 24
exceptional circumstances, for development, see section 15. 25
exceptional circumstances application see section 115(2). 26
exceptional circumstances criteria see section 117(d). 27
exceptional circumstances decision see section 115(3). 28
executive officer, of a corporation, means a person who is 29
concerned with or takes part in its management, whether or 30
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not the person is a director or the person's position is given 1
the name of executive officer. 2
favourable drainage, for schedule 1, see schedule 1, section 3
5. 4
field handbook, for schedule 1, see schedule 1, section 4(1). 5
finalised EIS TOR see section 272. 6
financial assurance see section 99(1)(d). 7
financial assurance condition see section 99(4). 8
former owner see section 208(1). 9
general power, for a provision about an authorised person, see 10
section 193(1). 11
Geothermal Act see section 17(1). 12
GHG Storage Act see section 17(1). 13
gilgai microrelief, for schedule 1, see schedule 1, section 13. 14
help requirement see section 194(1). 15
highly suitable for cropping, for land, means the land is 16
highly suitable for cropping because of its soil, climatic and 17
landscape features. 18
holder-- 19
1 The holder of an environmental authority or resource 20
authority is each person who, from time to time under 21
the Act under which the authority was granted, is the 22
holder of the authority. 23
2 The holder of a development approval is the owner of 24
the land the subject of the approval and anyone else in 25
whom the benefit of the approval vests. 26
IDAS see section 16(2). 27
identified permanently impacted land see section 12. 28
identity card, for a provision about an authorised person, 29
means an identity card issued under section 173(1). 30
imposed authority see section 102(1). 31
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information notice, for a decision, means a notice stating the 1
following-- 2
(a) the decision and the reasons for it; 3
(b) the rights of appeal under this Act against the decision; 4
(c) the period in which any appeal under this Act must be 5
started; 6
(d) how rights of appeal under this Act are to be exercised; 7
(e) that, other than for a decision to give a stop work notice, 8
a stay of a decision the subject of an appeal under this 9
Act may be applied for under this Act. 10
information requirement see section 217(3). 11
Land Act means the Land Act 1994. 12
land registrar, for a provision about land, means the registrar 13
responsible for keeping the land registry in which the land is 14
recorded. 15
land registry means the land registry under the Land Act, 16
section 275 or the freehold land register. 17
lot means-- 18
(a) a lot under the Land Title Act 1994; or 19
(b) a separate, distinct parcel of land for which an interest is 20
recorded in a register under the Land Act. 21
management area see section 29. 22
map, without any reference to any particular type of map, see 23
section 30. 24
Mineral Resources Act see section 17(1). 25
minimum size, for land or an area or part of land or an area, 26
see section . 27
mining lease see section 272. 28
minor, for a map amendment, see section 32. 29
minor amendment, for a provision about an application, 30
means any of the following changes to the application-- 31
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(a) a change that merely corrects a mistake about the 1
applicant's name or address; 2
(b) a change of applicant; 3
(c) a change that merely corrects a spelling or grammatical 4
error. 5
mitigation see section 131. 6
mitigation criteria see section 135. 7
mitigation deed see section 134. 8
mitigation fund see section 141. 9
mitigation measure see section 133. 10
mitigation requirement see section 11(7). 11
mitigation value, of identified permanently impacted land, 12
see section 132(1). 13
non-rigid soils, for schedule 1, see schedule 1, section 15(3). 14
notice means a notice in writing. 15
occupier, of a place, includes a person who exercises or may 16
exercise lawful authority or control in relation to the place, 17
and includes a person apparently in charge of the place. 18
of, a place, includes at or on the place. 19
offence warning, for a direction or requirement by an 20
authorised person, means a warning that, without a reasonable 21
excuse, it is an offence for the person to whom the direction or 22
requirement is made not to comply with. 23
official means a following person-- 24
(a) the Minister; 25
(b) the Coordinator-General; 26
(c) the chief executive; 27
(d) an authorised person; 28
(e) a person acting under the direction of a person 29
mentioned in any of paragraphs (a) to (d); 30
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(f) anyone else performing functions under or relating to 1
this Act for whose performance of the functions the 2
State may be held vicariously liable. 3
owner-- 4
1 An owner, of land, means each of the following persons 5
for the land-- 6
(a) for freehold land--a registered owner; 7
(b) for land for which a person is, or will be on 8
performing conditions, entitled to a deed of grant 9
in fee simple--the person; 10
(c) if an estate in fee simple of land is being purchased 11
from the State--the purchaser; 12
(d) for DOGIT land under the Aboriginal Land Act 13
1991 or the Torres Strait Islander Land Act 14
1991--a trustee for the land; 15
(e) for land held under a lease under the Aurukun and 16
Mornington Shire Leases Act 1978, section 3--a 17
local government in whose area the land is 18
situated; 19
(f) for Torres Strait Islander land under the Torres 20
Strait Islander Land Act 1991 that is taken to be a 21
reserve because of section 151 of that Act--each 22
trustee of the land; 23
(g) for land under the Land Act for which there are 24
trustees--a trustee; 25
(h) for land held under a tenure--the tenure holder; 26
(i) for land held from the State under an Act under an 27
interest that is less than fee simple (other than 28
occupation rights under a permit under the Land 29
Act)--the person who holds the interest. 30
2 Also, a mortgagee of land is the owner of land if-- 31
(a) the mortgagee is acting as mortgagee in possession 32
of the land and has the exclusive management and 33
control of the land; or 34
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Schedule 2
(b) the mortgagee or a person appointed by the 1
mortgagee is in possession of the land and has the 2
exclusive management and control of the land. 3
3 An owner, of a thing that has been seized under chapter 4
7, includes a person who would be entitled to possession 5
of the thing had it not been seized. 6
P&G Act see section 17(1). 7
permanent impact see section 14(1). 8
permanent impact restriction see section 272. 9
personal details requirement see section 212(5). 10
person in control, of a thing, includes anyone who reasonably 11
appears to be, claims to be, or acts as if he or she is, the person 12
in possession or control of the thing. 13
petroleum lease see section 272. 14
place includes the following-- 15
(a) premises; 16
(b) vacant land; 17
(c) a place held under more than 1 title or by more than 1 18
owner; 19
(d) the land or water where a building or structure, or a 20
group of buildings or structures, is situated. 21
Planning Act see section 16(1). 22
Planning and Environment Court means the Planning and 23
Environment Court under the Planning Act. 24
potential SCL see section 10. 25
pre-development condition, for a provision about the carrying 26
out of development on land, means that the land is restored 27
to-- 28
(a) its condition before the development started; or 29
(b) if the condition can not be worked out--a condition 30
consistent with contiguous SCL for the land. 31
premises includes-- 32
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Schedule 2
(a) a building or other structure; and 1
(b) a part of a building or other structure; and 2
(c) a caravan or a vehicle as defined under the Transport 3
Operations (Road Use Management) Act 1995; and 4
(d) premises held under more than 1 title or by more than 1 5
owner. 6
property, for chapter 2, part 2, see section 46. 7
proposed authorities, for chapter 3, part 4, division 3, see 8
section 94(1). 9
proposed authority, for chapter 4, part 2, see section 115(2). 10
proposed tenure see section 272. 11
protection area see section 28(2). 12
protection area amendment see section 31(2). 13
protection area map see section 28(1). 14
public place means-- 15
(a) a place, or part of the place-- 16
(i) the public is entitled to use, is open to members of 17
the public or is used by the public, whether or not 18
on payment of money; or 19
Example of a place that may be a public place under 20
subparagraph (i)-- 21
a road 22
(ii) the occupier of which allows, whether or not on 23
payment of money, members of the public to enter; 24
or 25
(b) a place that is a public place under another Act. 26
reasonably believes means believes on grounds that are 27
reasonable in the circumstances. 28
reasonably suspects means suspects on grounds that are 29
reasonable in the circumstances. 30
recipient-- 31
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(a) for a provision about a notice, means the person to 1
whom it is given; and 2
(b) for an information notice, includes a person who was 3
entitled under this Act to be given the notice, but has not 4
been given it. 5
registry record (SCL) see section 74(2). 6
related mining lease application see section 272. 7
related petroleum lease application see section 272. 8
related resource application see section 272. 9
relevant person, for a provision about an exceptional 10
circumstances application, see section 117(a). 11
relevant website, for a provision about an exceptional 12
circumstances application, means-- 13
(a) if the relevant person is the Coordinator-General--the 14
State Development department's website; or 15
(b) otherwise--the department's website. 16
remotely sensed image, means information acquired about an 17
object or phenomenon without making physical contact with 18
it. 19
Example-- 20
an image obtained by using aerial sensor technology to detect or classify 21
the object or phenomenon by way of electromagnetic radiation emitted 22
from aircraft or satellites or other propagated signals 23
required cropping history see section 49. 24
required decider, for an exceptional circumstances 25
application, see section 116(3). 26
resource Act see section 17(1). 27
resource activity see section 17(2), as affected by section 28
17(3). 29
resource authority see section 18. 30
restoration notice see section 153(2). 31
rigid soils, for schedule 1, see schedule 1, section 15(1). 32
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road see the Land Act, section 93. 1
rockiness, for schedule 1, see schedule 1, section 8. 2
satisfactory drainage, for schedule 1, see schedule 1, section 3
6. 4
SCL see section 9(2). 5
SCL offence means an offence against chapter 3, part 1 or 6
section 137. 7
SCL principles see section 11. 8
SCL protection conditions see section 98(1)(b). 9
SCL protection decision see section 90(1)(b). 10
significant community benefit see section 118. 11
significant project see the State Development Act, schedule 2. 12
slope, for schedule 1, see schedule 1, section 16. 13
soil chemical methods, for schedule 1, see schedule 1, section 14
4(2). 15
soil depth, for schedule 1, see schedule 1, section 17. 16
Soil pH, for schedule 1, see schedule 1, section 14. 17
soil physico-chemical limitation, for schedule 1, see schedule 18
1, section 18(1). 19
soil water storage, for schedule 1, see schedule 1, section 19. 20
source authority see section 20. 21
standard conditions code see section 81(1). 22
standard soil colour chart, for schedule 1, see schedule 1, 23
section 4(3). 24
State Development Act means the State Development and 25
Public Works Organisation Act 1971. 26
State Development department means the department in 27
which the State Development Act is administered. 28
Statewide newspaper means a newspaper circulating 29
generally in the State. 30
stop work notice see sections 150(2) and 151(4). 31
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stop work notice service power see section 178(1)(d). 1
strategic cropping land see section 9(1). 2
submissions means written submissions. 3
submission period-- 4
(a) for a provision about a validation application, see 5
section 55(2)(i); or 6
(b) for a provision about an exceptional circumstances 7
application, see section 121(2)(h)(ii). 8
submitter, for a provision about a submission about an 9
application, means the person making the submission. 10
successor means successor in law, including, for example, a 11
personal representative, successor in title and assign. 12
surface, for schedule 1, see schedule 1, section 20. 13
temporary impact see section 14(4). 14
tenure means the holding of land from the State under a 15
resource Act, the Land Act or another Act under an interest 16
that is less than fee simple (other than occupation rights under 17
a permit under the Land Act). 18
tenure holder means a person holding a tenure. 19
transferee see section 157(1)(b). 20
trigger map see section 25. 21
validation application see section 40(1). 22
validation decision see section 40(1). 23
waterlogged layer, for schedule 1, see schedule 1, section 7. 24
weathered rock, for schedule 1, see schedule 1, section 10. 25
wilfully means-- 26
(a) intentionally; or 27
(b) recklessly; or 28
(c) with gross negligence. 29
zonal amendment see section 31(1). 30
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zonal criteria see section 27(1). 1
zonal criteria compliant, for land, see section 27(3). 2
zone see section 26(2). 3
zone map see section 26(1). 4
© State of Queensland 2011
Page 195
AMENDMENTS TO BILL
Strategic Cropping Land Bill 2011
Strategic Cropping Land Bill 2011
Amendments agreed to during Consideration
1 Clause 6 (Exclusions from this Act)
Page 18, line 21, `(ii)'--
omit, insert--
`(iii)'.
2 Clause 41 (Who is an eligible person)
Page 36, line 21, `tenure'--
omit, insert--
`resource authority'.
3 Clause 55 (Public notice of application)
Page 42, line 22, `44'--
omit, insert--
`48'.
4 After clause 89
Page 59, after line 24--
insert--
`89A Power to prescribe particular concurrence agency
application fees
`A regulation may prescribe the application fee for the
Minister, chief executive or Coordinator-General as a
concurrence agency under IDAS for a development
application for the development.
Notes--
Page 1
Strategic Cropping Land Bill 2011
1 For the requirement to pay the fee, see the Planning Act, section
272(1)(c)(i).
2 For the concurrence agency roles, see the Sustainable Planning
Regulation 2009, schedule 7, table 3, items 27 to 30.'.
5 After clause 112
Page 71, after line 18--
insert--
`Part 5 Resource activities complying
with standard conditions code
`Division 1 Preliminary
`112A Application of pt 5
`(1) This part applies for a resource activity on SCL or potential
SCL if the carrying out of the activity under an environmental
authority or resource authority complies with the standard
conditions code.
`(2) However, this part does not apply for a resource authority for
which an SCL protection decision is required to be made
under part 4 for the issuing of an environmental authority for
the resource activity.
`(3) To remove any doubt, it is declared that this part applies for an
environmental authority or resource authority application
even if--
(a) when the application was made, the land was not SCL or
potential SCL; but
(b) the land becomes SCL or potential SCL before the
authority is granted.
Page 2
Strategic Cropping Land Bill 2011
`112B SCL compliance certificate required before
environmental authority can be issued
`An environmental authority for the resource activity can not
be issued until an SCL compliance certificate is given for the
environmental authority and the resource authority for the
resource activity.
`Division 2 Applying for SCL compliance
certificate
`112C Who may apply
`A person who has applied, or may apply, for an
environmental authority or resource authority for the resource
activity may apply for a certificate (an SCL compliance
certificate) for the resource activity.
`112D Requirements for application
`(1) The application must--
(a) be made to the chief executive in the approved form; and
(b) describe the land on which the activity is to be carried
out, and state the real property description of each lot
that forms it; and
(c) describe the resource activity; and
(d) be accompanied by the fee prescribed under a
regulation; and
(e) include, or be accompanied by, any other information
prescribed under a regulation.
`(2) Also, sections 84 and 85 apply for making the application as
if--
(a) the application were a development application for the
land; and
Page 3
Strategic Cropping Land Bill 2011
(b) the footprint of the development under section 85
includes infrastructure or proposed infrastructure
relating to the resource activity.
`112E Giving of SCL compliance certificate
`If the chief executive is satisfied the application complies
with section 112D, the chief executive must give the person
the SCL compliance certificate before, or at the same time as,
the environmental authority is issued.
`Division 3 Application of standard conditions
code
`112F Standard conditions code applies to particular authority
`(1) This section applies if a resource activity under an
environmental authority or resource authority is carried out in
compliance with the standard conditions code.
`(2) The conditions under the standard conditions code for
carrying out the resource activity are taken to be conditions of
the environmental authority or resource authority.
`(3) If there is any inconsistency between the standard conditions
code and another condition of, or imposed on, the
environmental authority or resource authority, the standard
conditions code prevails to the extent of the inconsistency.'.
6 Clause 143 (Payments from fund)
Page 87, line 20, `productivity principles'--
omit, insert--
`productivity principle'.
7 Clause 192 (Application of div 1)
Page 114, line 22, `power'--
Page 4
Strategic Cropping Land Bill 2011
omit, insert--
`powers'.
8 Clause 249 (Remotely sensed image reports)
Page 146, lines 27 to 29--
omit, insert--
`(3) In this section--'.
9 Clause 281 (Existing mining lease and EP or MDL forming
a contiguous area)
Page 160, lines 22 to 28--
omit, insert--
`(b) on or before 23 August 2012--
(i) a mining lease application is or was made for any
of the area of the EP or MDL; and
(ii) a certificate of application is or was issued for the
mining lease application; and
(c) on 23 August 2010, the applicant was--
(i) the holder of the mining lease and also--
(A) the holder of the EP or MDL; or
(B) a party to a joint venture or partnership
agreement with the holder of the EP or MDL
about resource activities for the proposed
mining lease the subject of the application;
or
(C) a subsidiary of the holder of the EP or MDL,
as defined under the Corporations Act,
section 46; or
(ii) the holder of the EP or MDL and also--
(A) a party to a joint venture or partnership
agreement with the holder of the mining
lease; or
Page 5
Strategic Cropping Land Bill 2011
(B) a subsidiary of the holder of the mining
lease.'.
10 Clause 291 (Insertion of new sch 13A)
Page 166, line 4, `any of'--
omit.
11 Clause 292 (Amendment of sch 26 (Dictionary))
Page 166, lines 23 to 26--
omit, insert--
``footprint, for a provision about development, means the
portion of the relevant lot covered by--'.
12 Clause 292 (Amendment of sch 26 (Dictionary))
Page 167, after line 7--
insert--
`permanent impact, on SCL or potential SCL, see the SCL
Act, section 14(1).'.
13 Schedule 1 (Zonal criteria for original zones)
Page 175, line 13, `3cmol/kg'--
omit, insert--
`3cmolc/kg'.
14 Schedule 2 (Dictionary)
Page 183, line 21, `(b)'--
omit, insert--
`(a)'.
Page 6
Strategic Cropping Land Bill 2011
15 Schedule 2 (Dictionary)
Page 187, lines 26 and 27--
omit, insert--
`minimum size, for land or a part of land, see section 62.'.
16 Schedule 2 (Dictionary)
Page 189, line 26--
omit, insert--
`(h) for land that, under a resource Act, is in the area of a
resource authority under that Act--the holder of the
resource authority;'.
17 Schedule 2 (Dictionary)
Page 193, after line 5--
insert--
`SCL compliance certificate see section 112C.'.
18 Schedule 2 (Dictionary)
Page 194, lines 15 to 19--
omit.
© State of Queensland 2011
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