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Strategic Cropping Land Bill 2011
Strategic Cropping Land Bill 2011
Explanatory Notes
Short title
The short title of the Bill is the Strategic Cropping Land Bill 2011
Policy objectives and the reasons for them
The purpose of the Bill is to implement a legislative framework that
recognises the State's strategic cropping land (SCL) as a finite resource that
must be protected against the impacts of development and preserved for
future generations. The Bill will utilise planning and development powers
to manage development impacts and, in identified areas, protect such land
from developments that will have a permanent impact and diminish the
productivity of the land.
In recent times, Queensland's SCL resources have been subject to an
increasing range of competing land uses, including resource developments,
like mining and coal seam gas projects, and urban expansion. The pressure
to use SCL areas for non-agricultural uses has escalated as the economies
of the resource sector have changed and urban growth continues.
As Queensland grows, this Bill will strike a balance between these
competing land uses and ensure that there is no overall loss of agricultural
productivity associated with the State's SCL in the long term.
The Bill provides a consistent process for assessing and deciding whether
developments are able to proceed on SCL, providing clarity and certainty
for investment decisions by the agriculture, urban development and
resources sectors.
The Bill will apply to resource developments, including mining, petroleum,
gas and geothermal energy, and to statutory regional plans, local
government planning schemes and development applications, outside areas
identified for urban purposes, made assessable by Local Governments
under the Sustainable Planning Act 2009.
The Bill contributes to a broad suite of Queensland Government initiatives
which manage the expansion of Queensland's resources sector and
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population growth by minimising land-use conflict and protecting the
environment and our natural resources.
Other initiatives include the Land Access framework for resource
exploration and development; Coal Seam Gas regulatory framework;
Resource Exploration and Urban living policy; statutory regional planning;
and the regionalisation strategy.
By balancing competing land uses, the Government's initiatives also
support sustainable regional development.
Achievement of policy objectives
The Bill provides a framework for the identification of SCL and assessment
of impacts of development on SCL, across an area of the state extending
from Mossman, north of Cairns and south to the New South Wales border
near St George.
This area, some 42 million hectares or 24% of the State, extends from the
coast, west to areas such as Clermont, Emerald, Roma and St George.
The Bill establishes eight criteria and five zones to be used in identifying
whether land is SCL or non-SCL. The scientific criteria contained in the
Bill and applied to identify SCL are consistent across the zones but have
different threshold values relevant to the soil and landscape features within
each zone. The five zones accommodate regional differences in climate,
land forms and cropping systems.
There are two Protection Areas -- one in central Queensland in the
Emerald and Springsure area and one in southern Queensland in the
Darling Downs, South Burnett, Lockyer Valley and Scenic Rim area. The
Protection Areas cover some 4.78 million hectares and the Management
Area will cover approximately 37.2 million hectares.
Developments on SCL, whether in a Protection or Management Area will
be conditioned to avoid and minimise impacts on SCL and restore any
temporary impacts that may occur.
Developments in a Protection Area will not be able to permanently impact
the SCL unless exceptional circumstances for the development are
demonstrated. Developments in the Management Area, and exceptional
circumstances projects in a Protection Area, will be required to mitigate
any unavoidable permanent impacts.
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The Bill specifically provides for:
· The identification of SCL -- maps are to be used by land holders and
developers to identify the zones and protection and management areas
and land where SCL is expected to exist. The maps also act as a
trigger for developers to identify when they should confirm whether
the land is or is not SCL.
· Validating whether land is SCL or not -- where a proponent wants to
confirm the land as either being SCL or not being SCL, the Bill
requires the land to be analysed through an on-ground assessment
against eight scientific soil criteria, and where the project is in a
Management Area, to demonstrate whether the land has a defined
history of cropping.
The Bill also provides development proponents with the option of
accepting how the trigger map locates SCL for their development and
to proceed to commence the development assessment process. A
person may also seek to validate land against the requirements,
without the land being subject to a development proposal.
· Assessment of the development impacts on the land -- the
development must reasonably avoid and minimise the impacts to the
SCL to the greatest extent practicable. The development may be
conditioned for any temporary impacts, to restore the land to its
pre-development condition. Conditions may also be imposed to
manage, restrict or prohibit any impacts from the development.
The SCL assessment process ties in with the existing assessment
processes under the Sustainable Planning Act 2009 (SPA),
Environmental Protection Act 1994 (EP Act) and the various resource
Acts.
The Bill identifies that there will be a SCL State Planning Policy and
the SCL matters it will deal with for its operation. Concurrence
agency roles and referral triggers are to be established under the
Sustainable Planning Regulation 2010 for the Integrated Development
Assessment System (IDAS).
The SCL assessment process also links with the environmental
authority requirements under the EP Act and align with resources Act
authorities to ensure that relevant resource developments account for
SCL considerations and requirements.
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· Projects to be approved in exceptional circumstances -- where a
project is likely to have permanent impacts on SCL in a Protection
Area, the project cannot proceed unless it demonstrates exceptional
circumstances.
To demonstrate exceptional circumstances, the project must satisfy the
two-pronged test which requires evidence that on a state wide basis
there are no alternative sites for the project and that the project
presents an overwhelming and significant community benefit to the
State.
The Minister may also, through a regulation, declare a class of project
to be an exceptional circumstance project. In deciding to declare a
class of project, the Minister must apply strict decision rules in the
Bill. The Bill prescribes most resources developments from being
declared.
· Mitigation -- development that will have a permanent impact on SCL
is required to address the consequent loss of productive cropping
value of the land by providing mitigation.
The mitigation arrangement is designed to ensure no loss of
agricultural productive value in the long term. Mitigation can be
provided through either a mitigation deed or a payment into the
mitigation fund. Mitigation deeds and payments from the mitigation
fund are to establish projects and other activities that have an enduring
public benefit and increase the overall cropping productivity of the
local areas affected by the permanently impacted SCL. The
Government will administer the mitigation fund and seek advice from
a community advisory group before making a decision on expenditure
from the fund or entering a Deed.
· Developments that are exempt from the Bill -- some activities have
been identified which, due to their nature and benefits to the
community and State, have been exempted from the Bill.
These include:
Infrastructure and existing strategic port lands under the Transport
Infrastructure Act 1994;
Certain infrastructure under the Electricity Act 1994;
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Identified functions, powers and developments under the State
Development and Public Works Organisation Act 1971, except for
significant projects under Part 4 of this Act.
Other identified developments, including for key resource areas and
developments of a prescribed and relatively small size, including for
many farm diversification developments, are provided for by
amendment of the Sustainable Planning Regulation 2009.
· Appeals -- appeals against decisions made under the Bill will be
appealable to the Planning and Environment Court, except for appeals
against conditions imposed on a resource authority or an
environmental authority for resources developments which will be to
the Land Court.
These arrangements make the full range of resolution avenues
including mediation, direction hearings and appeal to a higher
jurisdiction, available to the appellant. The Land Court is the ordinary
jurisdiction to appeal resource activity conditions and the
arrangements under this Bill will enable review on SCL protection
decisions for a resource development to occur in conjunction with any
other review action.
· Transitional project arrangements -- the Bill provides transitional
arrangements for resource developments that had achieved certain
stages in the development assessment process as at 31 May 2011.
Depending on the advanced stage of the project, these arrangements
enable the eligible projects to either proceed without SCL conditions
or to continue, with conditions requiring that the developments avoid
and minimise their impacts and mitigate any permanent impacts on
SCL that are unavoidable.
A transitional provision has been included for the Springsure Creek
coal project (related to the exploration permit for coal, EPC 891). The
special provisions have been provided because significant elements of
the approval process were administratively complete at 31 May 2011
and were finalised on 2 June 2011. The Bill provides that any
authorities issued for the mining project to proceed will be strictly
conditioned to minimise impacts on SCL.
· Strategic Cropping Land Science and Technical Implementation
Committee (STIC) -- the STIC will be established to advise the
Minister responsible for the Act, on scientific and technical issues
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relating to the implementation of the SCL validation criteria and
related advisory roles specified by the Minister.
· Enforcement -- enforcement powers have been established under the
Bill to enable the Act to be properly and effectively administered.
Provisions have been provided for authorised officers to enter
property without consent or warrant in limited circumstances.
Limited power of entry without consent or warrant is justified when
consent cannot be obtained to carry out necessary functions under this
Bill. In many circumstances, the interests of persons from whom
consent is required may be inconsistent with the interests of the Chief
Executive in achieving the purposes of this Bill. Otherwise, standard
enforcement provisions allow authorised persons to enter land only
with consent or under a warrant.
· Offences -- have been introduced to ensure that the framework can be
effectively enforced. The offences and penalties established by the
Bill are consistent with the level and types of penalties for
environmental harm already enforceable under the EP Act.
· No compensation will be payable under the Act -- the Bill expressly
provides that no liability or compensation can be sought for any loss
or damage arising from the commencement of the Act, including any
suite that may otherwise arise due to the exercise or purported
exercise of a power under the Act. The provisions reflect the accepted
precedents established under common law.
Alternative ways of achieving policy objectives
There is no alternative way other than the proposed Act of achieving the
policy objectives of this Bill.
While State Planning Policy 1/92 provides protection for good quality
agricultural land, it does not address the land use pressures from resources
developments or provide clear circumstances where development cannot
proceed.
To address this issue, the Bill establishes a separate Act for SCL, which
provides assessment and decision processes that align with the existing
resource and development legislation.
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A less efficient alternative would be to regulate development on the SCL
entirely in each individual resource Act and the SPA. The Bill provides a
process that integrates with existing statutory assessment processes.
Estimated cost for government implementation
The implementation of the Strategic Cropping Land Act 2011 will have
financial implications for the Queensland Government. Assessment and
administration costs will be incurred in the processing and assessment of
applications for SCL validation, development impacts and exceptional
circumstances. These costs will be funded through application fees under a
user pays cost recovery model. Full recovery of costs through a schedule of
application fees was proposed in a Regulatory Assessment Statement as the
most economically efficient cost recovery model. Application fees will be
included in the regulation to the Act.
Consistency with fundamental legislative principles
The Bill is generally consistent with fundamental legislative principles.
Potential breaches of Fundamental Legislative Principles (FLPs) for the
Act are as follows:
No compensation payable
The Bill provides that no compensation is payable by the State or an
official for, or in connection with, the enactment or operation of this Act or
a statutory instrument under it. Established legal principles provide that the
State cannot be held liable for passing an Act of Parliament that may result
in any loss or financial harm to a person affected by the legislation.
The provisions in the Bill merely reflect this principle and provide clear
notice that the Bill will be subject to the principle's application.
Power to enter land and search for, or seize documents or other property,
without a warrant
The Bill allows authorised officers to enter property without consent in
limited circumstances required for assessment, enforcement and
compliance activities. Generally, officers will be required to provide notice
before they enter the property. However, a warrant will not be necessary in
many circumstances. An authorised person may also seize a thing at the
place they have entered without consent or a warrant if the authorised
person reasonably believes the thing is evidence of an offence against this
Bill.
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While legislation that confers the power to enter premises, and search for or
seize documents or other property, without a warrant issued by a judge or
other judicial official is considered to be a breach of fundamental
legislative principles, the breach is justified.
The breach is mitigated as entry without a warrant is only provided for in
limited circumstances. Predominantly these circumstances arise where it is
necessary to enter the land to give effect to compliance measures and for
assessment associated with an application made under the Bill. No entry is
permitted in the place or part of a place where a person resides. If a person
refuses to consent, or withdraws consent previously given, a warrant will
then be required.
This entry power is necessary to give immediate effect to compliance
measures such as the stop work notice to stop the suspected commission of
an offence causing impacts on the SCL and to gain evidence about the
offence without potentially frustrating proceedings.
Consultation
The Bill has been prepared following extensive consultation with key
stakeholders, the community, government agencies and local government.
Key stakeholders have been engaged through a Stakeholder Advisory
Committee which has met 12 times since early 2010. The committee
includes representatives from the agricultural, resource and urban
development sectors, as well as representatives from local government and
natural resource management groups.
Public feedback was sought on four different matters: a discussion paper in
February 2010; a policy framework in August 2010; a Regulatory
Assessment Statement in May 2011; and a draft State Planning Policy in
August 2011. Stakeholder feedback was also sought on the proposed
criteria for identifying SCL which was released in April 2011.
The department's website was regularly updated to provide the progress
updates on the implementation of Government policy. This included full
details of each of the documents released for public consultation and other
documents to support the implementation.
This included:
· Protecting Queensland's strategic cropping land: Proposed criteria for
identifying SCL
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· Protecting Queensland's strategic cropping land: Guidelines for
applying the proposed SCL criteria
· Protecting Queensland's strategic cropping land: A technical
assessment of the proposed criteria for identifying SCL
· Protecting Queensland's strategic cropping land: An independent
expert review of the criteria for identifying SCL
· Draft Trigger Maps
· Transitional Arrangements
· An online mapping tool.
All relevant Local Councils were provided with a copy of the draft State
Planning Policy for SCL and invited to make a submission. Many of those
were consulted directly about the Draft State Planning Policy for Strategic
Cropping Land. (SPP).
Within Government, an interagency steering committee has oversighted the
development of the policy, framework, the SPP and the Bill. The steering
committee has executive level representatives from the Department of
Environment and Resource Management; Department of Employment,
Economic Development and Innovation (resources and agriculture
representatives); Office of the Coordinator-General; Treasury; Department
of the Premier and Cabinet; and the Department of Local Government and
Planning.
Consistency with legislation of other jurisdictions
There is no precedent for this Bill in the legislation of other jurisdictions.
The Bill is specific to the State of Queensland, and is not uniform with or
complementary to legislation of the Commonwealth or another State.
This Bill when enacted will be the first legislation in Australia to regulate
development on SCL for its protection and management for the long term
that specifically includes the regulation of resource developments such as
mining, gas and petroleum exploration and production.
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Notes on provisions
Chapter 1 Preliminary
Part 1 Introduction
Short title
Clause 1 provides that the Act may be cited as the Strategic Cropping Land
Act 2011.
Commencement
Clause 2 provides for the Act to commence on the date of assent or 30
January 2012, whichever is later.
Part 2 Purposes and application of Act
Purposes of Act
Clause 3 provides that the purposes of the Act are to:
· protect land that is highly suitable for cropping; and
· manage the impacts of development on that land; and
· preserve the productive capacity of that land for future generations.
Strategic cropping land (SCL) is a finite resource that must be protected
into the future to ensure it is conserved for growing food and fibre crops,
which support economic growth for Queensland's regional communities.
Therefore, it is important to strike a balance between the State's
agricultural, resource and development industries. The purposes of the Act
reflect that objective.
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How the purposes are achieved
Clause 4 of the Act provides generally how the purposes of the Act will be
achieved.
The purposes of the Act will be achieved in several key phases and
principles are established to protect and manage the impacts of
development on SCL or potential SCL.
The Bill provides for the identification of SCL resources through mapping
areas of potential SCL and validating the location of SCL against the zonal
criteria and, for potential SCL in the management area, the cropping
history test. Clause 4 then provides for the purposes to be achieved through
the SCL assessment process which assesses the potential impacts of
development on SCL and imposes appropriate conditions. The Bill's
purposes are lastly achieved through the consideration of exceptional
circumstances for development projects in a protection area that are likely
to have permanent impacts and mitigation requirements for any permanent
impacts that occur on SCL in the management area and the protection
areas.
The assessment of the potential impacts of a development on SCL will be
managed through a comprehensive assessment process, which is integrated
with the existing planning and development assessment frameworks for all
forms of development, including resource development and certain
developments under the Sustainable Planning Act 2011. The Bill identifies
criteria for the chief executive to consider when determining where
developments should be prohibited, restricted, conditioned or exempt. The
Act provides for a suite of mechanisms for achieving this purpose,
including assessment criteria, the imposition of conditions on approvals, a
State Planning Policy under the Sustainable Planning Act 2009 (SPA) and
assessment and compliance codes.
An "exceptional circumstances test" has been established to ensure the Act
provides a fair balance between protecting the SCL resource and managing
the impacts of development that have an overwhelmingly significant
benefit to the community. Where a project demonstrates exceptional
circumstances, it may proceed in an area where it would otherwise be
prohibited. The project will still be assessed to ensure it avoids and
minimises its impacts to the greatest extent possible and will be required to
restore any temporary impacts.
Where the project has permanent impacts on SCL that cannot be avoided,
the development proponent must mitigate those impacts. The exceptional
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circumstances framework ensures that perverse outcomes do not arise
where a project will have an overwhelmingly significant benefit to the
community but can not proceed because there are no alternative sites for it
to be located.
The Act will preserve the productive capacity of the land by requiring
developments that have a temporary impact to fully restore the land to its
pre-development status. Developments that have a permanent impact on
SCL--whether in the management area or a protection area where
exceptional circumstances have been demonstrated--must mitigate for the
lost cropping productivity of the land. Mitigation can be fulfilled through a
payment into the mitigation fund or by undertaking a deed for activities or
projects that will provide an enduring public benefit and address the lost
productive capacity of the permanently impacted land.
Act binds all persons
Clause 5 provides that the Act is binding on all persons, including the
States and the Commonwealth to the extent permitted by the legislative
power of Parliament. However, the Commonwealth and the States cannot
be prosecuted for any offence against the Act.
Exclusions from this Act
Clause 6 provides for developments to which this Act does not apply. The
provision identifies a range of developments that are critical to provide
essential community services and infrastructure of State importance and
other government projects that are provided as a community service such
as electricity, roads and other transport infrastructure.
The powers of the Governor in Council, Minister and Coordinator-General
under the State Development and Public Works Organisation Act 1971
(State Development Act), except for Part 4 of that Act, are primarily used
to facilitate projects that are a priority to the State and other activities that
benefit the community, such as state development areas which provide for
long term planning and development of strategic land assets in Queensland.
Consequently, most processes related to the exercise of an official's powers
under the State Development Act will also be exempt.
For example, where a state development area (SDA) is declared by the
Governor in Council and the Minister administering the State Development
Act has approved the development scheme for the area, any developments
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in the SDA are exempt and will not require an SCL assessment when
seeking necessary development approvals.
While not obliged to, the Coordinator-General will consider the SCL
framework when performing the functions and exercising the powers under
the State Development Act.
Projects declared as significant projects and functions under Part 4 of the
State Development Act are not exempt from this Act. These projects are
generally private projects that have sought a declaration or assistance from
the Coordinator-General to facilitate the approval process.
It is also made clear through this clause, that developments that are not
proposed within a SCL zone will not be captured by this Act.
Relationship with resource Acts and Environmental Protection
Act
Clause 7 provides that subject to clause 6 the Act applies despite any
resource Act or the Environmental Protection Act.
The intent of this clause is to ensure that development on SCL and potential
SCL, other than development that the Act does not apply to, is regulated
regardless of provisions in a resource Act or the Environmental Protection
Act.
Part 3 Interpretation
Division 1 Dictionary
Dictionary
Clause 8 provides that the dictionary is contained in schedule 2 of the Act
to define particular words used throughout the Act.
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Division 2 Key definitions
Subdivision 1 Definitions about cropping land
Strategic cropping land, SCL and decided non-SCL
Clause 9 defines the terms SCL and decided non-SCL that are used
throughout the Act.
Potential SCL
Clause 10 defines the term potential SCL that is used throughout the Act
and clarifies that where the land has been validated under Chapter 2 Part 2
of the Act, it is no longer potential SCL.
SCL Principles
Clause 11 provides five principles for SCL that underpin the application of
the Act. The principles are:
Protection--the protection of SCL is primary in the application of this Act
and in achieving its purposes. This principle ensures that the value of SCL
as a finite and irreplaceable resource is not outweighed by shorter term
values associated with development, particularly economic values. In
pursuit of this principle, developments in a protection area that will have
permanent impacts will not be able to proceed unless exceptional
circumstances can be demonstrated.
Avoidance--developments proposed to be located on SCL, must take all
reasonable steps to ensure that the development footprint avoids SCL to the
extent reasonably practical. This principle will also support decisions of the
chief executive to impose conditions on a development to ensure that the
impacts of the development do in fact avoid SCL as deemed appropriate
though the SCL assessment.
Minimisation--where developments can not avoid SCL, where ever
possible impacts of the development on the land must be minimised.
Minimising could include reconfiguring the development footprint to
lessen the area of SCL that will be affected or adopting an alternative
development method, such as directional drilling to access a resource
deposit. Adopting development practices or methods that allow for the land
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to be restored to its pre-development condition will also be considered to
be consistent with the minimisation principle.
The minimisation principle will also support the decisions of the chief
executive to impose conditions to ensure that the impacts of the
development are in fact minimised in accordance with the outcomes of the
SCL assessment.
Mitigation--where permanent impacts do arise from the approved
development, mitigation is required to address the lost productive capacity
of the land for cropping. Mitigation is intended to be a final resort after all
attempts to reasonably avoid and minimise the impacts of the development
have been exhausted.
Productivity--this principle aims to ensure that any dealings involving
SCL and mitigation measures in particular, provide for the endurance of the
resource for future generations. Productivity is the principle that underpins
the application of the powers and functions of this Act in ensuring the
purposes are achieved while balancing competing land needs.
Identified permanently impacted land
Clause 12 defines the term identified permanently impacted land that is
used throughout the Act.
Subdivision 2 Definitions about development
Development
Clause 13 defines the term development that is used throughout the Act.
Development refers to developments that are assessed through the SPA
framework and resource activities under the identified resource Acts.
When development has a permanent impact or temporary
impact
Clause 14 defines the terms permanent impact and temporary impact that
are used throughout the Act.
The Act establishes a definition for permanent impact based on the affect to
cropping. While some types of resource activity have been identified
because they will inherently have a permanent impact on the land, a
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regulation-making provision allows for additional activities to be listed as
having permanent impacts. This includes establishing levels of temporary
impact that when occurring cumulatively will have a permanent impact.
When development is in exceptional circumstances
Clause 15 defines exceptional circumstances to be either development
prescribed in a regulation or development decided to be so in an
exceptional circumstances decision.
Subdivision 3 Divisions about Acts and authorities
under them
Planning Act, IDAS and development approval
Clause 16 provides a definition for these terms, that when referred to
throughout the Act is the same, consistent with or a reference to the
Sustainable Planning Act 2009 and its provisions.
Resource Act and resource activity
Clause 17 defines the terms resource Act and resource activity that are used
throughout the Act. These terms provide a singular reference throughout
the Act to the various resource Acts affected by this Act and the activities
that are authorised under them.
Resource authority
Clause 18 defines the term resource authority which is used throughout the
Act.
Environmental authority
Clause 19 defines the term environmental authority which is used
throughout the Act.
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Source authority
Clause 20 provides for the term source authority to be used when referring
to development approvals, environmental authorities and resource
authorities collectively.
Division 3 References in provisions
Functions
Clause 21 defines how the term function can be interpreted when referred
to in the Act.
References for applications and applicants
Clause 22 defines how references throughout the Act to an application and
the applicant are to be interpreted.
Where the application reference relates to an application made under the
Petroleum and Gas (Production and Safety) Act 2004 (P&G Act), the
reference is only to the preferred tenderer the Minister for Mines has
decided to grant the resource authority to, under section 41 of the P&G
Act.
To be clear, a reference to an applicant for the P&G Act is not a reference
to an applicant under section 844 of that Act. The P&G Act provides for
each person who submits a tender to be an applicant. However this Act
only applies to the tenderer to whom the Mines Minister grants the
authority to prospect under the P&G Act. This Act does not apply to the
tender process itself.
References in decisions to the land
Clause 23 defines how a reference throughout the Act to about a decision
and the land affected by that decision are to be interpreted.
References to source authorities
Clause 24 defines how a reference throughout the Act to a source authority
is to be interpreted.
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Chapter 2 Identifying strategic cropping
land
Part 1 Maps, zones, criteria and areas
Division 1 Definitions
This part provides the definitions for terms relating to mapping used
throughout this Part and the Act.
Trigger map
Clause 25 defines the term trigger map that is used throughout the Act. The
purpose of the trigger map is to identify land that is potential SCL and must
be validated or elected to be treated as SCL, prior to a development
undergoing an assessment to determine its impacts on SCL and what
conditions, if any, the CE may place on the development.
Zone map and zone
Clause 26 defines the terms zone map and zone that are used throughout
the Act.
Five zones will be established upon commencement to determine the extent
of this Act's application. SCL criteria for each zone, used for the validation
process, will also be given effect.
Zonal criteria and zonal criteria-compliant land
Clause 27 defines the terms zonal criteria and zonal criteria-compliant that
are used throughout the Act. Schedule 1 prescribes criteria for each zone
that identify SCL in that zone.
Protection area map and protection area
Clause 28 defines the terms protection area map and protection area that
are used throughout the Act. SCL within a protection area is afforded a
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higher level of protection against development than land in the
management area. Developments in a protection area that will have
permanent impacts on the land will be prohibited unless exceptional
circumstances can be demonstrated.
Management area
Clause 29 defines the term management area that is used throughout the
Act.
Map generally
Clause 30 defines how the term map should be interpreted when the type of
map has not been specified.
Division 2 Map amendments
Subdivision 1 Preliminary
What is a zonal amendment and a protection area amendment
Clause 31 defines the terms zonal amendment and a protection area
amendment as they are used throughout this Part.
When a map amendment is minor
Clause 32 identifies when an amendment to the map will be considered
minor and thereby only requires the approval of the chief executive and
publishing on the department's website to be validly made.
Subdivision 2 Amendments by the chief executive
Minor amendments
Clause 33 provides how the chief executive must make minor amendments
to the maps for the amendment to be valid and effected.
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Trigger map amendments
Clause 34 allows the chief executive to amend the trigger map by adding or
removing potential SCL.
The trigger map may only be amended where the chief executive is
satisfied that the area added to the map is likely to have land that is highly
suitable for cropping. Alternatively, the chief executive must be satisfied
that the land to be removed is not expected to be suitable for cropping. Any
amendments to the trigger map must be approved through a regulation
before it takes affect.
Resources projects that had received their final approvals prior to the land
becoming potential SCL, will not be captured by the change and may
continue to operate under the conditions imposed on the development
approval or resource authority when it was issued. Future projects and
expansions, renewals and amendment of these existing permits on that land
however, will need to address the requirements of this Act before the future
approval is issued.
Where the map amendments include additional land as potential SCL, any
existing resources applications may be required to satisfy the provisions of
this Act including validating the land and an SCL assessment. These steps
will be required despite the fact that when the development application was
made, this Act did not apply. Resource developments that have not received
their resource authority will be subject to the change and, irrespective of
the progress of the project through the assessment process, will undergo an
SCL assessment and be accordingly conditioned or prevented from being
undertaken.
The development assessment framework under SPA, however, has existing
provisions for managing these types of changes to the assessment
requirements.
Development approvals and resource authorities for projects that elected to
be assessed according to the trigger map and have subsequently been
approved and conditioned on that basis will not be affected by the change
in the trigger map. The approval or authority and any conditions imposed
on it, remain in affect and unchanged by the mapping amendment.
However after the change has taken effect, permit holders may apply to the
administering authority to have the permit amended to remove the SCL
conditions if the change in the trigger maps is to remove the potential SCL
from the development footprint.
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Subdivision 3 Zonal and protection area
amendments
Power to amend by regulation
Clause 35 allows the Minister to make changes to extend or contract the
boundaries or create new zones and protection areas. Where the Minister
decides to make a new zone or area the amendment will not take effect
until approved through a regulation.
A new protection area may be established within an existing zone or
created simultaneously with the creation of a new zone.
Ministerial notice of proposed amendment
Clause 36 requires the Minister to advertise an intended change to a zone
or protection areas and invite public submissions to the Minister within 21
days.
Ministerial decision on whether to amend
Clause 37 requires that, prior to a regulation being made for a new zone or
protection area, the Minister must consider any public submissions
received and the required criteria, including whether the land within the
amendment area is likely to be highly suitable for cropping.
Division 3 Access to maps
Record-keeping obligations for maps
Clause 38 establishes the record keeping requirements of the chief
executive in relation to maps.
Public access to maps and draft amendments
Clause 39 requires the chief executive to keep maps and draft maps
published on the department's website and make them available to the
public for inspection and purchase. The map has effect when made in the
regulation, however will cease to have effect if, the regulation for the
amendment is disallowed.
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Part 2 Deciding what is strategic
cropping land
This part outlines the process required to determine whether potential SCL
on the trigger map is, in actual fact, SCL or not--the validation process.
When determining whether land is SCL the chief executive must be
satisfied that the land or parts of the land, demonstrate all eight of the zonal
criteria. Where the land is in a management area, the chief executive must
also determine whether the land demonstrates the required history of
cropping.
Division 1 Application Stage
Subdivision 1 General provisions for making
application
Who may apply
Clause 40 provides that an eligible person can submit a validation
application for the land. The clause also establishes that the chief
executive may make the validation decision for the application to recording
in the decision register either SCL or non-SCL and that these are both a
final decisions.
Further, an application is a prohibited application if a final decision has
already been made for the land; or there is, in a protection area, a validation
application already for the land; or in the management area a decision or
application for cropping history exists for a particular property or a
decision or application exists for zonal criteria for particular land.
Who is an eligible person
Clause 41 defines who is eligible to apply for a validation decision over the
land.
As the land must be validated before a development occurs, the validation
process may be undertaken by a person other than the land's owner and
includes a person who has made an application under a resource Act.
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Therefore this provision identifies the range of persons who may wish to or
would be required to apply to have the land validated.
General application requirements
Clause 42 states the requirement for a validation application.
Subdivision 2 Applications relating to a protection
area
Additional requirement for assessment against zonal criteria
Clause 43 states that a validation application in the protection area must
also include an assessment of whether or not the land is zonal criteria
compliant.
Subdivision 3 Applications relating to the
management area
Additional requirements
Clause 44 provides that this subdivision applies to the management area.
Application must be property-based
Clause 45 states that the application must be made on a property basis.
What is a property
Clause 46 defines the term property, which is required for the validation
process when determining whether the land has the required cropping
history (the cropping history test). While the chief executive's validation
decision will apply to the land identified in the application--variably a
development area or tenure area or a land owner's property--the cropping
history test is determined on a property basis, which may include land that
does not form part of the application area.
The definition of property provides for different cropping enterprise
configurations, where the enterprise's land may be jointly or separately
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Strategic Cropping Land Bill 2011
owned by, individuals, conglomerates or family companies, but all of the
enterprise's owners are not registered owners of each land parcel that forms
the enterprise property.
Further, the definition is blind to any physical features, such as a road or
waterway that separate the property's land parcels. In determining the
extent of the parcels of land that form the property, the definition should be
interpreted to identify whether the parcels would be adjoining if the road or
waterway was not located between the parcels.
References to the property in this part for application
Clause 47 provides in this part that a reference to a property is a reference
to each of the properties the application is for.
Additional application requirements
Clause 48 establishes the requirements for a validation application in the
management area. To provide a high level of flexibility for applicants, the
two validation requirements in a management area--addressing the zonal
criteria and the cropping history test--may be applied for separately (and
in no specific order) or together. This provision caters for the different
permutations requiring the application to address the zonal criteria,
demonstrate the required history of cropping, or both.
When a property has the required cropping history
Clause 49 identifies what must be demonstrated before the chief executive
may be satisfied that the cropping history test for a property has been met.
The cropping history test requires the property has had land within it
cultivated at least 3 times between 1 January 1999 and 31 December 2010,
or that perennial crops were established on the property or timber
plantations existed on the property for a total collective period of 3 years.
The individual crops and the time period for perennial crops do not need to
be grown consecutively. However the cropping history test will not be
demonstrated where the three crops or perennial crops are grown
simultaneously on different areas of the property. The following examples
have been included for further clarity.
Example 1--A property had an established peach orchard at the
commencement of the relevant period on 1 January 1999. After 2 years of
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the required period, new owners purchased the property and replaced the
orchards with sown pastures for grazing. The property was again sold in
June 2009 and the new owners cultivated an area of the land and
established corn stands. While the crops were not grown consecutively, and
were not in the same sub-class of the cropping history test (perennial or
season/cultivation crop), this property would satisfy the chief executive that
the cropping history had been demonstrated (perennial crops over two
years and another crop).
Example 2--a property is a mixed-grazing property, meaning that both
cropping and grazing occur on different parts of the property, with the
cropped areas split between three paddocks (P1, P2 and P3). During the
summer season in year 1, P1 has an established corn crop, which has an
annual cycle; P2 is growing the summer crop, sorghum; and P3 is fallow in
preparation of a winter wheat crop. At the end of the annual cycle (two
seasons), this property will have demonstrated that the property had been
cropped twice--the summer (sorghum) and the winter crop (wheat) or the
annual crop (corn) and either of the seasonal crops (sorghum or wheat).
Another crop at any other time in the period will provide the property with
the required cropping history.
Example 3--a resource development application and validation application
have been submitted to the department, which includes an area that forms
part of the property in Example 2. The application is for a part of the
property which is used exclusively for grazing and therefore has never been
cropped. Because P1, P2 and P3 have been regularly cropped as reflected
in Example 2, the chief executive would be satisfied that the property has
the required cropping history and the land covered by the resource
application meets the cropping history test as it is part of the property.
Things that are not crops for required cropping history
Clause 50 establishes exceptions to the definition of cropping history. Uses
for domestic purposes, such as a vegetable patch or a few fruit trees that
have been established are not considered a crop for the purpose of
demonstrating the required cropping history. Carbon sequestration forests,
subject to a covenant that prevents the trees from being harvested are not
considered crops.
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Subdivision 4 Other provisions
Methodology for criteria assessment must comply with any
prescribed guidelines
Clause 51 provides that an application assessment of whether land is zonal
criteria compliant must comply with any statutory guideline prescribed
under a regulation. The requirement does not apply if no such guideline is
made under the regulation.
The clause also states for what the guideline must provide for.
Public access to application
Clause 52 requires the details of a SCL validation application to be
published on the department's website. The purpose of this provision is to
make validation applications accessible to the general public to enable
them to make an informed submission. This allows for public scrutiny of
the information to be considered by the chief executive in decision-making.
Division 2 Notice and submission stage
Application of div 2
Clause 53 provides the time period during which this division applies.
Notice to owners
Clause 54 requires the validation applicant to personally notify all of the
owners that the validation application has been submitted and provide them
with a copy of the application. Owners are defined in Schedule 2
Dictionary.
Public notice of application
Clause 55 establishes the public notification process that the validation
applicant must comply with. The notice must be published in a newspaper
that generally circulates in each of the local government areas that may be
affected by the application. The notice must provide sufficient information
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to allow an interested person to identify the land and review the application
and decide whether to make a submission.
The notification requirement under this provision may be undertaken in
conjunction with another required public notification provision for a
resource authority application or associated with an environmental impact
statement. The public notification requirement will only be satisfied where
the joint notice addresses each of the requirements under this clause.
The notice must contain prescribed information related to making a
submission.
Acceptance of submissions
Clause 56 provides for the chief executive to accept submissions made
about a validation application.
Amending application
Clause 57 allows for an applicant to make significant amendments to their
validation application only before it is publically notified and to make
minor amendments at any stage prior to the application being decided by
the chief executive.
Division 3 Decision Stage
Subdivision 1 Preliminary
Application of div 3
Clause 58 establishes that the decision stage does not commence until the
public submission stage has been completed.
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Subdivision 2 What has to be decided for a
protection area
Application of sdiv 2
Clause 59 establishes that this subdivision only applies to land that is in a
protection area.
Criteria decision
Clause 60 requires the chief executive to make a criteria decision about
whether any of the land is zonal criteria compliant.
Validation decision if any of the land is zonal criteria compliant
Validation decision if any of the land is zonal criteria compliant
Clause 61 requires the chief executive, after determining whether areas of
land are zonal criteria compliant, to only record the decision in the decision
register if the decided land is larger than the areas specified.
What is the minimum size
Clause 62 provides the minimum area that must be identified for a
validation decision about the SCL criteria for each of the five SCL zones.
The minimum size thresholds will ensure that the areas on the validated
land can be productively cropped using standard cropping practices.
Validation decision otherwise
Clause 63 provides that where zonal criteria complaint land does not meet
the minimum size requirement for the zone, the chief executive must
register a decision that the land is non-SCL.
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Subdivision 3 What has to be decided for the
management area
Application of sdiv 3
Clause 64 provides that the subdivision applies to validation decisions for
land in the management area.
Decision if application only addresses required cropping
history
Clause 65 applies if a cropping history application is for land in one or
more properties and requires how a cropping history decision for each
property must be recorded in the decision register.
The clause provides that certain validation decisions must be made in
defined circumstances.
If it is decided that a property does not have a cropping history the whole
property must be recorded on the decision register as non-SCL on the
decision register.
If it is decided that a property has a cropping history and no criteria
decision has previously been made for part of the property, only the
cropping history decision is recorded on the decision register.
If it is decided that a property has a cropping history and a previous criteria
decision is that a part of the property is zonal criteria compliant, those areas
of the property are to be recorded as SCL on the decision register.
If it is decided that a property has a cropping history and a previous criteria
decision is that a part of the property is not zonal criteria compliant, those
areas of the property are to be recorded as non-SCL on the decision
register.
Decision if application only addresses zonal criteria
Clause 66 applies for a criteria application related only to zonal criteria on
any part of the property.
If an applicant is only eligible to make an application for part of the
property (for example a holder of a resource tenure that covers only a part
of the property) the criteria decision can only be made for that part of the
property.
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If a previous cropping history decision has not been made, then the criteria
decision must be recorded on the decision register.
If the criteria decision is that none of the property is zonal criteria
compliant then the whole property is to be recorded in the decision register
as non-SCL.
If a previous cropping history decision has confirmed that the property has
a cropping history, any area that is decided to be zonal criteria compliant
and has the required minimum area must be recorded as SCL and any areas
not meeting both those requirements together are to be recorded as
non-SCL.
Both matters addressed--threshold cropping history decision
Clause 67 requires that if an application over an area of land is for a
decision about cropping history and zonal criteria, then the chief executive
must make the cropping history decision and if that decision is that the
property does not have a cropping history the property is to be recorded as
non-SCL on the decision register.
Both matters addressed - deciding application if cropping
history decided
Clause 68 provides that if; under section 67 the decision is that the property
has the required cropping history, the chief executive must make the
criteria decision.
If an applicant is only eligible to make an application for part of the
property (for example a holder of a resource tenure that covers only a part
of the property) the criteria decision can only be made for that part of the
property.
Any area that is decided to be zonal criteria compliant and has the required
minimum area must be recorded as SCL and any areas not meeting both
those requirements together are to be recorded as non-SCL on the decision
register.
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Subdivision 4 Making validation decision
Criteria for decision
Clause 69 requires that, when making the validation decision, the chief
executive must consider any submissions about the application that have
been accepted and, the application is, or includes, a criteria application, the
criteria guidelines.
Decision period
Clause 70 provides for a period in which the decision must be made.
Notice and taking effect of decision
Clause 71 requires the chief executive to notify the applicant and any other
identified eligible person of the validation decision.
Each eligible person has the right to appeal the chief executive's decision.
The validation decision does not take effect until the appeal period has
ended or at the conclusion of an appeal against the decision.
Effect of validation decision
Clause 72 provides that once a validation decision has taken effect it
attaches to the land and is binding on all eligible persons and their
successors.
A future validation decision cannot be made for the land, once the decision
takes effect. However in a management area a further application and
decision may be made where either the cropping history test or the zonal
criteria were not addressed and decided in an earlier decision.
Division 4 Appeals against validation decisions
Appeal to Planning and Environment Court
Clause 73 provides that an eligible person who has received an information
notice about a decision may appeal that decision to the Planning and
Environment Court.
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Part 3 Land registry records for
particular validation decisions
Record required for SCL and decided non-SCL
Clause 74 provides that after the chief executive's decision is recorded in
the decision register, a record of that decision is to be kept so that a search
of the land registry will show the record. Keeping of the record in this way
allows persons with an interest in the land to be aware of the decision about
SCL and decided non-SCL.
Correcting, updating or removing registry record (SCL)
Clause 75 provides for the chief executive to give a notice to the land
registrar seeking to amend, update or remove the registry record. The chief
executive may utilise this provision to correct a minor error or to amend a
record where development on the land has had a permanent impact and is
no longer considered to be SCL. A record cannot be removed unless the
chief executive is satisfied that the land has been subject to a permanent
impact.
Chapter 3 Development on strategic
cropping land or potential
strategic cropping land
Part 1 When development is permitted
Development with a permanent impact
Clause 76 makes it an offence for a person to carry out development on
SCL or potential SCL that has a permanent impact on the land. The
higher-level indictable offence provides for permanent impacts that occur
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as a result of a wilful action. The maximum penalties and the terms or
imprisonment reflect the gravity of the offence.
The effect of a wilful offence leading to the permanent destruction of the
land for cropping justifies the proposed jail-term should a court choose to
impose it. Strategic cropping land is a finite and highly limited soil
resource that cannot be recreated once it is lost. The lesser offence includes
actions of gross negligence as the effects of these actions will result in the
same loss and impact to the arable soil, as any offence arising from a
reckless or intentional action.
The proposed periods of imprisonment will provide an additional deterrent
for potential offenders, particularly where the large profits able to be
derived from some forms of unlawful development mean that a monetary
penalty is not sufficient to prevent the offender's conduct. In the envisaged
cases, the private economic gains from an unlawful action which
permanently impacts on SCL are expected to far outweigh any fine that
may be imposed. However the personal and enduring affect of a custodial
sentence, which may be recorded as a criminal conviction, is anticipated to
be an effective deterrent to potential offending actions.
Development with a temporary impact
Clause 77 makes it an offence to carry out development on SCL or
potential SCL that has a temporary impact on the land. The higher-level
penalties provide for temporary impacts that occur as a result of a wilful
action. In addition to the significant fines that have been provided for these
offences, an offender may be given a restoration notice, under clause 153,
that will require that land to be restored to its pre-development condition.
Exemptions
Clause 78 provides exemptions to the offences in sections 76 and 77, where
the impacts of a development have been permitted through a development
approval or resource authority.
Where a change of the trigger map or a voluntary validation of the land
changes the status of the land to SCL or potential SCL (when it was
previously recorded as neither), a person will not be committing an offence
where they are carrying out the development in accordance with a valid
approval or authority.
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Emergency activity defence
Clause 79 provides a defence to the offences in sections 76 and 77, for
activities that are undertaken on the SCL or potential SCL in response to an
emergency situation. The defendant is still required to reasonably limit the
impacts of the emergency activities on the land and restore the land (where
possible), after the emergency activity has been completed.
Failing to take reasonable measures to avoid any impacts to the SCL or
potential SCL or ensure the activities impacts are restorable and then
restored at the completion of the works, may still constitute an offence.
Part 2 State planning policy and codes
Division 1 Policies and codes for IDAS
State planning policy for SCL
Clause 80 mandates a State planning policy for SCL under the Sustainable
Planning Act 2009 (Planning Act) and provides for the State planning
policy to contain applicable codes under IDAS for SCL which address the
Act's purposes and how the Act achieves them.
Division 2 Standard conditions code for
resource activities
Standard conditions code
Clause 81 provides for a code which contains standard conditions for
resource development on SCL or potential SCL to be made by regulation.
The code will not permit resource development which has a permanent
impact on SCL or potential SCL within a protection area. Any activities
that can not be undertaken in accordance with the standard code must be
assessed and conditioned under Part 4 of this Chapter before they can be
undertaken.
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Part 3 Development approvals
Division 1 Preliminary
Application of pt 3
Clause 82 provides for this part to apply to developments on SCL or
potential SCL that will be assessed under IDAS in accordance with the
Planning Act.
Division 2 Requirements for development
applications
Operation of div 2
Clause 83 clarifies that division 2 imposes requirements for making
development applications and specifies that a development application will
not be considered properly made for the purpose of the Planning Act if the
requirements of the Planning Act are not met.
Requirement that land be, or elected to be treated as, SCL
Clause 84 requires an applicant to provide evidence that the land has been
validated under Chapter 2, Part 2 of the Act or elect that for the purpose of
the SCL assessment, the land shown on the trigger map as potential SCL is
taken to be SCL.
Evidence of validation is provided via copy of a relevant information notice
about a validation decision or a registry record (SCL).
The clause requires that in deciding an application where the applicant has
elected to adopt the trigger map, the chief executive must assess the impact
of the development on the land as if the potential SCL had been validated
as being SCL. This does not prevent the land from being validated in the
future, by the applicant or another eligible person.
The affect of the election is only relevant to that applicant. Subsequent
development application over the land will still be required to provide
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evidence that the land has been validated or elect to be assessed against the
trigger map.
Location requirements
Clause 85 requires an applicant to provide information which clearly
indicates the location of all SCL or potential SCL on the site, the location
of the proposed development on the SCL or potential SCL and the footprint
of the proposed development.
This information is required to enable the chief executive for the SCL
assessment to determine whether the development has avoided or
minimised the impacts of the development to the full extent that is
reasonably practicable. This information may also be considered by the
chief executive to determine appropriate conditions to be imposed, should
the development be approved.
Development in exceptional circumstances
Clause 86 requires an applicant for development in exceptional
circumstances to provide evidence that the development is of a type
prescribed by regulation to be development in exceptional circumstances,
or a copy of the relevant exceptional circumstances decision.
Report
Clause 87 requires an applicant to provide a report which addresses the
impact of the proposed development on SCL or potential SCL and
identifies any constraints on the configuration of the development or its
operation which have occurred as a result of the need to minimise impacts
on the SCL or potential SCL.
In common with section 85, this information is required by the chief
executive for the SCL assessment to determine whether the development
has avoided or minimised the impacts of the development to the full extent
that is reasonably practicable. This information may also be considered by
the chief executive to determine appropriate conditions to be
imposed--such as identifying areas within the application areas where
activities on the SCL or potential SCL are not allowed or are
restricted--should the development be approved.
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Prescribed matters
Clause 88 specifies that the application must include any information
prescribed under regulation.
Division 3 Miscellaneous provisions
Development must comply with mitigation requirement
Clause 89 applies to development that if approved will have a permanent
impact on the land. This clause specifies that any requirement for
mitigation imposed under Chapter 5 is taken to be a condition of the
development approval.
The effect of this provision allows enforcement action to be taken against
the holder of the development approval for a breach of the development
approval, where the holder has failed to fulfil the mitigation requirement.
Part 4 Strategic cropping land
protection assessment for
environmental and resource
authorities
Division 1 Preliminary
Application and operation of pt 4
Clause 90 specifies that Part 4 applies to resource activities on SCL or
potential SCL. This clause also provides for the chief executive to decide
the impact of the resource activity and to determine whether conditions are
imposed on either or both of the environmental authority or resource
authority. The provision applies irrespective of whether the land changes
from not being SCL or potential SCL, to being SCL or potential SCL.
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Division 2 Restrictions of environmental
authority being issued
Application of div 2
Clause 91 provides that the restrictions on the issue of environmental
authorities under this division do not apply if the resource activity complies
with a standard conditions code under clause 81.
SCL protection decision required before environmental
authority can be issued
Clause 92 requires that an environmental authority for a resource activity
can not be issued until an SCL protection decision has been made under
section 98 for resource activity.
Restriction on issuing authority for identified permanently
impacted land in protection area
Clause 93 specifies that an environmental authority can only be issued for a
resource activity which has permanent impacts in a protection area if it is in
exceptional circumstances in accordance with Chapter 4.
Division 3 Applying for and obtaining SCL
protection decision
Subdivision 1 Assessment applications
Who may apply
Clause 94 specifies that a person who has applied or is entitled to apply for
a resource authority or an environmental authority may apply for a SCL
protection decision for the resource activity. This clause also sets out
circumstances in which a person can make an assessment application for a
resource activity as if an earlier decision had not been made. These
circumstances include when the earlier decision was made, the resource
activity was not in exceptional circumstances but has subsequently become
development in exceptional circumstances.
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General requirements
Clause 95 sets out the minimum requirements for an assessment
application including the use of an approved form, a description of the land
including the real property decision, a description of the resource activity
proposed and payment of the appropriate fee prescribed by regulation.
Additional requirements for making a development application
also apply
Clause 96 provides that the requirements under Part 3, division 2 (relating
to IDAS development applications made under the Planning Act) also
apply to applications relating to resource applications. In addition this
clause also specifies that for the purpose of resource applications, the
footprint of the development also includes infrastructure relating to the
resource activity.
Subdivision 2 Amending application
Amending application
Clause 97 enables an applicant to make permitted amendments to their
application. Permitted amendments may be either minor amendments or
other amendments if the chief executive is satisfied that the amendment
would not adversely affect the chief executives ability to decide the
application. Permitted amendments can only be made before the
application is decided and the chief executive must be notified of the
amendment. Other than permitted amendments, no other amendments may
be made to the application.
Subdivision 3 Deciding application
What must be decided
Clause 98 sets out the requirements for an SCL protection decision.
Specifically the SCL protection decision must include a decision about the
extent of the permanent and temporary impacts resulting from the resource
activity and a decision regarding imposing conditions. In the event that
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SCL protection conditions are to be imposed, the decision must specify to
which of the authorities conditions will attach.
SCL protection conditions generally
Clause 99 sets the broad parameters for SCL protection conditions which
may be imposed on either the environmental authority or the resource
authority. The SCL protection conditions may limit the carrying out of the
resource activity, direct installation and operation of particular plant and
equipment and require payment of security to ensure compliance with any
SCL conditions imposed or payment of any expenses associated with
compliance action.
In making the SCL assessment decision and determining appropriate
conditions for the resource activity, the chief executive may identify areas
of SCL or potential SCL where, to protect the SCL resource, activities can
not be undertaken or only identified activities that will have a temporary
impact can be undertaken, on that land.
In these circumstances, the chief executive can impose a condition on the
resource activity's authority that all or identified activities are prohibited on
the identified land. Other conditions may be imposed that allow activities
on the identified areas, but only those activities, whether specified or not,
that would only have a temporary impact on the land.
A condition may also be imposed which directs the authority holder to
operate in a specified fashion, undertake a required action or refrain from
doing something, where the chief executive considers the direction
necessary or desirable to achieve the Act's purpose. For example, the chief
executive may direct the holder of coal seam gas authority to conduct
direction drilling from an area of the land that is not SCL or potential SCL.
The chief executive may also require a financial assurance from the
authority holder, to be held in the event that that the development does not
comply with a condition or to cover the department's expenses in relation
to a compliance activity. The chief executive may choose to require a
financial assurance in conjunction with a restoration condition imposed for
any temporary impacts that result from the development. Where the
authority holder fails to fully restore the land to its pre-development
condition, the department may draw on the financial assurance to undertake
the remaining restoration works.
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Criteria for decision
Clause 100 sets out the criteria the chief executive must consider in making
an SCL protection decision. The chief executive must consider the extent
and effect of the resource activities to determine whether the impacts are
likely to be temporary or permanent. The chief executive must also
consider whether the development has been configured to avoid and
minimise the resources activity's impacts to the greatest extent possible.
Information notice about assessment decision
Clause 101 requires the chief executive to provide the applicant with
assessment certificate for the SCL protection decision and specifies matters
which must be stated in the assessment certificate.
SCL protection conditions apply to issued authority
Clause 102 relates to SCL protection conditions imposed on either or both
of the proposed authorities. In particular this clause specifies that SCL
protection conditions are taken to be conditions of the imposed authority
and where inconsistencies arise, the SCL protection condition prevails to
the extent of any inconsistency.
Division 4 SCL protection conditions imposed
under Act
Condition requiring compliance with mitigation requirement
Clause 103 provides that where an approved resource activity has a
permanent impact on the land, the mitigation requirement under Chapter 5
is taken to be a condition of the resource authority.
Condition empowering financial assurance changes
Clause 104 provides for the chief executive to change a financial assurance
condition at anytime, provided the chief executive gives the authority
holder at least 20 business days to make submissions regarding the
proposed change and considers any statements the authority holder
provides within the notice period.
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Condition empowering replenishment of financial assurance
Clause 105 provides for the chief executive to issue a notice requiring the
holder of a current authority to replenish the financial assurance where part
of the assurance has been used. The chief executive must give the authority
holder at least 20 business days to comply with the notice.
Division 5 Other provisions about financial
assurance
General provisions
Clause 106 provides generally for how the state must handle a financial
assurance paid under an authority condition. The State may use the
financial assurance and any interest that it accrues, to undertake any of the
activities provided for in clause 99(1)(d). Where it is deemed necessary,
the State may retain all or part of the financial assurance until any claims
against the assurance have been settled or the chief executive is satisfied
not claim is likely to be made.
New holder must comply with financial assurance condition
Clause 107 requires a person who has become the holder of an authority
that has a financial assurance condition, to give a financial assurance before
carrying out any activities under the authority.
Division 6 Appeals against decisions under part
Right of appeal to Land Court
Clause 108 provides for holders of a resource authority who have been
given an information notice in relation to an SCL assessment decision, may
appeal the decision to the Land Court.
Land Court mediation
Clause 109 allows any party to an appeal in the Land Court (under s108)
may ask for mediation.
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Nature of appeal
Clause 110 provides for the appeal to be heard anew
Land Court's powers for appeal
Clause 111 provides that the Land Court has the same powers as the chief
executive when hearing an appeal against a decision made under this Part.
Decision for appeal
Clause 112 provides for the Land Court to make orders and directions in
relation to the appeal decision.
Chapter 4 Exceptional Circumstances
Where development in a protection area is likely to have permanent
impacts on SCL or potential SCL, it will not be permitted to proceed unless
exceptional circumstances under this Chapter can be demonstrated.
A decision that a development is exceptional circumstances identifies that
the development is more significant than protecting the SCL resource. The
two exceptional circumstances criteria--no alternative site and significant
community benefit--provided in Part 2--have been established to ensure
that only developments that present a scarce and overwhelmingly
significant opportunity that benefit the State, will be able to proceed.
Part 1 Prescribed exceptional
circumstances
Power to prescribe a type of development
Clause 113 provides for the Minister to make a regulation to identify
classes of development that are considered to provide an overwhelmingly
significant benefit to Queensland.
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It is not intended that developments that would not otherwise meet the
exceptional circumstances criteria, are to be prescribed by regulation under
this provision. However, where certain developments, are identified that
may have some intrinsic feature that provides a significant benefit to the
community and the State, these developments can be prescribed as
exceptional circumstances.
Recognising a category of development with exceptional circumstances
does not provide that class of development with an exemption from the
Act. The only effect of an exceptional circumstances decision is that the
development falling within a category prescribed by regulation will be
allowed to proceed in a protection area, where that the development may
have permanent impacts on SCL or potential SCL.
Developments of the type listed in the regulation will still be assessed
against Chapter 3 of the Act and will be required to avoid and minimise the
any impacts on SCL to the greatest extent possible. Where permanent
impacts are unavoidable, mitigation arrangements will need to be made
under Chapter 5 of the Act where the development permanently impacts
SCL.
The Minister cannot make a regulation for resource activities under the
Mineral Resources Act 1989, Petroleum Act 1923 or the Petroleum and Gas
(Production and Safety) Act 2004 to be considered exceptional
circumstance developments. This does not prevent a resource development
proponent from applying for exceptional circumstances for their particular
development under clause 115.
Public notice of proposal and submissions
Clause 114 provides for the Minister to publish a notice about the intention
to make a regulation for a class of development to be an exceptional
circumstance development. The notice must be circulated throughout the
State and invite the public to make submissions about the proposal. The
Minister must provide a submission period of at least 21 days, before
forming an opinion about whether or not to make the regulation.
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Part 2 Decided exceptional
circumstances
Division 1 Application stage
Who may apply
Clause 115 clarifies that exceptional circumstances applications are only
required for developments in a protection area that will or are likely to have
a permanent impact on SCL or potential SCL.
The section provides for any person who can apply for a development
approval or a resource authority to apply for exceptional circumstances.
Who must decide exceptional circumstances application
Clause 116 provides that the Coordinator-General and the Minister can
decide exceptional circumstance applications.
The Coordinator-General will decide any applications that relate to
developments seeking to be, or which have been declared a significant
project under Part 4 of the State Development and Public Works
Organisation Act 1971. Once an application has been made to the
Coordinator-General for a declaration, an application for exceptional
circumstances for that project will be decided by the Coordinator-General
in accordance with this Chapter.
The Minister will decide all other exceptional circumstance applications,
including for example, where an application is made for exceptional
circumstances prior to an application for a significant project declaration
being made under the State Development and Public Works Organisation
Act 1971. In this circumstance, the Minister will be the decision-maker for
the application where the Minister has yet to make a decision, but a
significant project declaration application is made to the
Coordinator-General.
Additionally, where the Coordinator-General has made a decision about a
declaration application under Part 4 of the State Development and Public
Works Organisation Act 1971 and the decision is that the development is
not a significant project, the Minister will be the decision-maker for any
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subsequent exceptional circumstance application that may be made by the
development proponent.
Requirements for application
Clause 117 requires applications for exceptional circumstances to provide
a description of the development and its footprint in relation to the SCL or
potential SCL on the land; address the exceptional circumstances criteria;
and pay the prescribed fee.
What is a significant community benefit
Clause 118 defines the term significant community benefit, as used
throughout this Act.
A significant community benefit, in carrying out the development on the
land, means that the development must be represent both an
overwhelmingly significant opportunity of benefit to the State and the
benefit of carrying out the development outweighs the State's interest in
protecting the land as SCL.
Public access to application
Clause 119 provides that a description of the exceptional circumstances
application must be made available to the public on the department's
website. The application document must also be made available for
viewing and purchase upon request.
The information must remain available until the application is decided,
withdrawn or lapses.
Division 2 Notice and submission stage
Application of div 2
Clause 120 provides that Division 2, relating to the notice and submission
stages of the application, do not take effect until 14 days have passed since
an application for exceptional circumstances was made or, within 14 days
after the after the applicant complies with an application requisition or is
given a notice that no application requisition will be given.
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Where an acknowledgment has been received the applicant may continue
with the public notification process in Division 2. Otherwise, if an
application requisition has been issued, the applicant must not publish the
notice under Division 2 until the requisition has been complied with.
Public notice of application
Clause 121 requires the exceptional circumstances applicant to publish a
notice within the surrounding local government areas and a newspaper that
has State-wide circulation.
The purpose of the notice is to advise the public of the exceptional
circumstances application and provide sufficient information for an
interested person to decide whether or not to make a submission on the
application. The notice does not need to contain a comprehensive or
technical description of the site and development proposal. Instead, the
notice should provide general information and direct a person to the
department's website or a service centre for further information, if it is
sought.
Interested persons will have at least 21 days to make a submission on the
application.
Acceptance of submissions
Clause 122 provides for the Coordinator-General and the chief
executive--where the Minister is the decision maker--to accept properly
made submissions that are received with in the submission period.
Amending application
Clause 123 provides for the applicant to amend an exceptional
circumstances application prior to the public notice being published.
Minor amendments and other amendments the decision-maker is satisfied
will not inhibit an interested person from making a submission may be
made at any time prior to the application being decided.
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Division 3 Decision stage
Application of div 3
Clause 124 provides that Division 3 applies at the end of the submission
stage for an exceptional circumstances application that has not been
withdrawn or refused.
Chief executive's report if required decider is the Minister
Clause 125 requires the chief executive to prepare a report on the
submissions received under clause 122. The report is to be used by the
Minister to decide whether a project demonstrates exceptional
circumstances.
While the requirements of the report are not prescribed, the chief executive
should ensure the report adequately and accurately reflects the content of
the submissions received. The report will assist the Minister to form an
opinion in relation to the community's view on the application.
Deciding application
Clause 126 provides that the Minister cannot make a decision on the
application until the chief executive has provided the Minister with a copy
of the submission report.
The decider--whether the Minister or the Coordinator-General--can
decide that a development demonstrates exceptional circumstances only
where it meets the exceptional circumstances criteria. To meet the criteria,
the development must demonstrate that there is no alternative site where
the development could be reasonably located and the development has a
significant community benefit.
Sole criterion for deciding no alternative site
Clause 127 provides criteria for the decision-maker to consider in
determining whether there is another site within Queensland where the
development could be undertaken. These criteria are exclusive. The
decision-maker can not consider any matters that are not identified in this
provision.
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In deciding whether there is an alternative site for a resource development,
the decision-maker must consider the availability of the resource at the
State-wide level. Therefore, if the resource can be located elsewhere in the
State, the decision-maker must decide that the "no alternative site" criteria
can not be met and therefore exceptional circumstances do not exist.
For the purpose of the no alternative site criteria, a reference to a resource
must be interpreted blind to any distinctions between classification, grade
or quality of the resource to be extracted or obtained through the
development. For example, if the application relates to a resource
development seeking a mining lease in a protection area and the
development is seeking to extract coal, the decision-maker must turn their
mind to alternative coal deposits across the State, irrespective of whether
those deposits harbour thermal or coking coal.
However, a proposed alternative site that, due to a legal restriction could
not be developed, such as a mineral deposit within a national park, will not
be considered by the decision-maker.
Clause 127 also provides a number of factors that are to be disregarded by
the decision-maker. Primary among these is the ownership of the
alternative site and whether or not the applicant would be able to obtain
tenure or a resource authority for the proposed alternative site--for
example, where an alternative site has been identified for a coal seam gas
project, but that site is already subject to a permit, whether held by the
applicant or another person. As the resource could legally be obtained from
this site, it will remain a viable alternative for the no alternative site criteria
and, consequently exceptional circumstances would not be given for the
development.
For developments requiring an approval under IDAS, an alternative site is
one where the development can reasonably be carried out. If the
development will provide a service to an identified community or locale,
the decision-maker must consider alternative sites within the context of the
community or locale the development will service. For example, if the
proposed development is a new school to service a rural community,
alternative site must be within a reasonable distance of that community.
Additionally, where the development is for a proposed extension to an
airport, alternative sites will be limited to the land adjoining the airport.
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Sole criterion for deciding significant community benefit
Clause 128 provides criteria for the decision-maker to consider in
determining whether the development will have a significant community
benefit if it was approved for the site. These criteria are exclusive. The
decision-maker can not consider any matters that are not identified in this
provision.
For the decision-maker to decide that the development has a significant
community benefit, the development must demonstrate that it:
· provides a public benefit
· benefits the State; and
· would result in significant adverse social, environmental and
economic impacts to the State if the development does not proceed.
While the development must demonstrate public benefits, it may also have
a private or personal benefit for the developer or investors. This will not
disqualify the project from having a significant community benefit,
provided the public benefits far outweigh (in relative terms) the private
benefits. Similarly, a project that services a community may provide a
statewide benefit where it alleviates the pressure on those services in the
surrounding communities. An example would be where the development
proposes to build a hospital in a rural community. While someone living in
Brisbane, is unlikely to rely on the services provided by the new hospital, it
may relieve the pressure on surrounding hospitals and major city hospitals
and is therefore providing a State benefit.
While significantly adverse economic impacts arising from the
development not proceeding are a valid consideration, the decision-maker
must not decide the significance of the community benefits solely on
economic considerations and particularly the economic benefits that the
State may derive from the development, such as through royalties for
resource activities or land taxes that may be collected by the State.
Notice and taking effect of a decision
Clause 129 requires the decision-maker to give an applicant a notice of the
exceptional circumstances decision as soon as practicable after the decision
is made. Where the decision is that the development does not demonstrate
exceptional circumstances, the applicant must also be given an information
notice with reasons for the decision and advising the applicant of their
appeal rights available through the Planning and Environment Court.
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Where a project has demonstrated exceptional circumstances, it must
obtain the necessary development approvals or resource authority. The
impacts of the development on the SCL and potential SCL will be assessed
through the approval processes, to ensure the development still avoids and
minimises the impacts to the greatest extent possible of the development on
any SCL and will be conditioned accordingly.
Division 4 Appeals against exceptional
circumstances decision
Appeal to Planning and Environment Court
Clause 130 provides for the applicant to appeal the exceptional
circumstances decision to the Planning and Environment Court.
Chapter 5 Mitigation
Part 1 Preliminary
What is Mitigation
Clause 131 defines the term mitigation to be either a payment to the
mitigation fund or a mitigation deed reflecting the mitigation value of the
land permanently impacted by the development.
The development approval or resource authority holder may choose to
mitigate the development using both methods. Where this is the case the
total mitigation must not be less than the mitigation value.
What is the mitigation value of identified permanently impacted
land
Clause 132 defines the term mitigation value, which is the dollar value,
determined by the total area permanently impacted by the development and
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the mitigation rate prescribed in the regulation. The mitigation value is
reflective of the lost productive capacity of the land, arising from the
permanent impacts.
The prescribed mitigation rates relate to the market value of arable
(irrigated and non-irrigated) land within identified mitigation zones. These
zones largely align with the five SCL zones; however, there are additional
sub-zones for the Western Downs and Queensland Coastal zones.
What are mitigation measures
Clause 133 defines a mitigation measure to be an activity that is undertaken
to address the loss of productive capacity of permanently impacted SCL or
potential SCL.
A mitigation measure could include research and development into
cropping systems, techniques and methods or other activities that address
the mitigation criteria in clause 135.
What is a mitigation deed
Clause 134 defines a mitigation deed as an undertaking between the chief
executive and the development approval or resource authority holder, for
the completion of mitigation measures aimed at addressing the lost
productive capacity of the SCL arising from the permanent impacts of the
development.
What are the mitigation criteria
Clause 135 lists the mitigation criteria, which must be addressed before the
chief executive can enter into a mitigation deed or approve expenditure
from the mitigation fund. The mitigation must satisfy all of the mitigation
criteria.
There are six general criteria that must be achieved by a mitigation
measure. A mitigation measure must:
7. aim to increase the productivity of cropping in the State; and
8. provide a public, rather than a private, benefit; and
9. aim to provide an enduring effect; and
10. be quantifiable and able to be independently valued; and
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11. benefit the largest possible number of cropping agribusinesses; and
12. if a cropping activity or system existed for identified permanently
impacted land to which the measures relate, provide a benefit to that
type of activity or system in the relevant local area.
A contribution to a cropping activity or system may be achieved through
research and development activities.
When determining the local area that was impacted by the lost SCL
resource arising from the development, the chief executive should consider
the local government area boundaries, catchment and sub-catchments areas
and the operational area of the regional natural resource management
(NRM) groups within the community. The regional NRM groups are
bodies recognised by the Government, which organise on-ground works
and community NRM events.
Part 2 Mitigation for identified
permanently impacted land
Division 1 Mitigation requirement
Application of div 1
Clause 136 provides that Division 1 applies to development approval and
resource authority holders where all or part of the land subject to the
development footprint will be permanently impacted by the development.
Prohibition on carrying out development without prior
mitigation
Clause 137 requires the development approval and resource authority
holder to fulfil the mitigation requirement, by entering a mitigation deed or
making a payment to the mitigation fund, prior to commencing the
development on SCL or potential SCL.
The provision establishes offences where this requirement is not complied
with.
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Division 2 Mitigation deeds
Deed requirements
Clause 138 establishes the requirements for a mitigation deed. In addition
to addressing the mitigation criteria established in Clause 135, a mitigation
deed must also comply with the mitigation and productivity principles in
Clause 11.
A mitigation deed can not include an activity that is or could be a condition
of the development approval or resource authority. For example, a
mitigation deed can not be entered for activities that are designed to restore
or rehabilitate the land or surrounding SCL. These activities are an
ordinary requirement of an approval or authority for developments that
impact the land and will not address the lost productive capacity of the SCL
resource, as required by the Act.
Entry into mitigation deed by the chief executive
Clause 139 requires the chief executive to seek advice from the
Community Advisory Group (CAG) established under Part 4, about the
proposed mitigation deed. The CAG's advice must be sought prior to the
chief executive executing the deed.
Mitigation deed binds holder's successors
Clause 140 provides that a mitigation deed binds successors to the
development approval or resource authority holder who is a party to the
mitigation deed. It also binds successors for the area of the source
authority. For example, where a resource authority has been issued and the
parent company which holds the authority restructures, transferring the
rights under the authority between two subsidiary companies.
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Part 3 Strategic cropping land
mitigation fund
Establishment
Clause 141 establishes the SCL mitigation fund.
Purpose and administration
Clause 142 establishes the purpose of the mitigation fund and provides for
the financial administration of the fund. The mitigation fund collects
mitigation payments made by development proponents under clause 131,
which can be amalgamated and allocated to fund mitigation measures such
as research, development, extension or infrastructure projects that will
benefit the productive capacity of the cropping activity or system or the
locality.
Payments from fund
Clause 143 provides for the chief executive to approve amounts to be paid
from the mitigation fund, where the CAG have been consulted and the
measures proposed to be funded meet the mitigation criteria and required
principles of the Act.
Individual payments into the mitigation fund can be pooled to fund larger,
more strategic mitigation measures. The chief executive with advice from
the CAG, can identify projects, such as an enduring research program, that
would require more funding than the amount received from the mitigation
value of a single project. In these circumstances, the chief executive may
allocate funds that have been received under clause 131 from separate
developments, which address the individual projects' impacts in the same
locality or to similar cropping activities or systems.
The chief executive may also approve payments for the fund, without
consulting the CAG, where those payments are for an expense incurred by
the chief executive or a member of the CAG, in performing their functions
in the Act. CAG expenses would include payment of reasonable travel,
accommodation and similar expenses that the members will incur when
travelling for meetings or conducting CAG business.
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Reporting requirement for mitigation measures
Clause 144 requires the recipient of a payment from the mitigation fund to
provide periodic reports to the chief executive on the progress of the
mitigation measures and the related expenditure of the allocated funds.
Part 4 Community advisory group
Establishment
Clause 145 requires the chief executive to establish community advisory
groups. The chief executive may elect to establish a single group to
consider mitigation deeds and fund payments, or establish multiple groups
that represent different areas where cropping is undertaken. The areas for
the community advisory groups may, but need not, align with the local
areas identified by the chief executive under clause 135.
Functions
Clause 146 establishes that the functions of advisory groups are to advise
the chief executive about mitigation measures under mitigation deeds or
payments from the mitigation fund.
Membership
Clause 147 provides for the chief executive to appoint a chairperson and
other members to a community advisory group.
Part 5 Miscellaneous provisions
Record of and access to mitigation measures
Clause 148 requires the chief executive to keep a record of all mitigation
measures under a mitigation deed or funded from the mitigation fund to be
published on the department's website.
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Reports submitted by deed holders and recipients of a payment from the
mitigation fund, under clauses 138 and 144 respectively, must also be made
available on the department's website.
Mitigation guidelines
Clause 149 provides for the chief executive to make guidelines about a
range of mitigation matters, including the practices of the community
advisory group, how the mitigation requirements may be met and how
funding from the mitigation fund relates and may contribute to other
funding programs.
Where guidelines are developed for the purpose of this Chapter, they must
be made available on the department's website.
Chapter 6 Power to require compliance
Part 1 Stop work notices
Power to give stop work notice
Clause 150 provides for an authorised person to give a person a stop work
notice if the authorised person reasonably believes the person has
committed, is committing, or is involved in an activity that is likely to
result in the commission of an SCL offence. The stop work notice requires
the recipient to stop committing the suspected offence or avoid the likely
commission of the offence.
Stop work notices will be applied to suspected offences to ensure that
further impacts, whether permanent or temporary, are not inflicted on the
SCL or potential SCL while the department undertakes a more
comprehensive investigation of the matter.
Requirements for giving stop work notice
Clause 151 provides the requirements for the contents of a stop work
notice.
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The notice may be given orally where it is not practical to give a written
notice. However where the notice is given orally, written confirmation must
be provided as soon as practicable. This circumstance is likely to occur
where the authorised person happens across an unauthorised activity on
SCL. The authorised person may approach the suspected offender and
require that person to stop the activity. As soon as possible afterwards, the
authorised person must prepare a written notice and issue that to the
person.
Offence to contravene stop work notice
Clause 152 makes it an offence for a person issued with a stop work notice
not to comply with it without a reasonable excuse. Due to the irreversible
nature of impacts that may result and therefore the gravity of the offence,
this provision provides for significant maximum penalties and a possible
term of imprisonment. The maximum penalty for a wilful offence is 4,165
penalty units or 5 years imprisonment. Offences that are not wilful will
face a maximum penalty of 3,000 penalty units.
The provision also provides for the stop work notice to direct the recipient
on actions that are required for the person to comply with the notice.
The offences have been established to deter potential offenders from
undertaking unlawful or unauthorised activities that have an impact on
SCL.
To protect SCL, which is a finite resource, a stop work notice may be
issued as an interim measure while a more comprehensive investigation is
completed.
Part 2 Restoration notices
Division 1 General provisions
Power to give restoration notice
Clause 153 provides for an authorised person to give a person a restoration
notice where the authorised person reasonably believes that the person has
committed, is committing or is involved in an activity that is likely to result
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in an SCL offence. A restoration notice can only be given where the
authorised person believes that the impacts arising from the activity are
capable of being rectified.
The authorised person may state on the notice specific actions that must be
undertaken to restore the land and provide for a time or interval when the
authorised person will return to monitor compliance with the notice.
Requirements for giving restoration notice
Clause 154 states the requirements for a restoration notice, including the
period within which the restoration works must be completed.
Offence to contravene restoration notice
Clause 155 makes it an offence for a person issued with a restoration notice
to contravene the notice without a reasonable excuse. The maximum
penalty for this offence is 3,000 penalty units.
Land registry record of restoration notice
Clause 156 provides for the chief executive to request the land registrar to
keep a record of the restoration notice in the land registry to ensure that a
person making a search of the registry will be aware that a restoration
notice has been issued over that parcel of land.
Division 2 Transfers of land the subject of a
restoration notice
Application of div 2
Clause 157 provides that the division applies to land transfer transactions,
where the land is subject to a restoration notice and will be enforceable
against the transferee (such as a new owner of the land) and any of their
successors.
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Transferee becomes a recipient as well
Clause 158 provides that the recipient of the restoration notice and any
person who subsequently obtains an interest in the land will be held jointly
and severally responsible.
Where the department undertakes restorative measures, or completes a
partially restored site, as a result of a failure by the recipient or their
transferee to complete the restoration work, the chief executive may make a
claim against either or both the recipient and the transferee, to recover the
costs and expenses incurred by the department in doing the work. However
a previous owner of the land will not be held liable, criminally or
otherwise, for a contravention of the restoration notice that occurs after the
transfer took effect.
Chief executive may extend compliance period
Clause 159 provides for the chief executive to extend the restoration period
of the notice, where requested by the transferee. The chief executive may
elect to extend the period stated even where the request was received after
the end of the period stated in the notice. The extension has no other effect
on the notice, other than to extend the time within which the restoration
activity must be completed.
Division 3 Miscellaneous provision
Chief executive's power to amend restoration notice
Clause 160 provides that the chief executive may amend a restoration
notice.
As an example, the chief executive may amend the restoration notice
because of changes in technology that relate to the steps identified in the
restoration notice that the recipient must undertake.
Amendments to restoration notices can only be made either with the
recipient's agreement in writing, or after the chief executive has:
· given the recipient notice of the proposed amendment and the
reasoning for it;
· provided the recipient 28 days to make submissions about the
proposed amendment; and
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· considered all submissions made in the required period.
The chief executive must notify the recipient about the decision to amend
the restoration notice.
Part 3 General provisions about
compliance notices
Meaning of compliance notice
Clause 161 provides for the term compliance notice to be used when
referring to restoration and stop work notices collectively.
Declaratory provisions
Clause 162 provides that a restoration and stop work notice may be issued,
whether or not proceedings have commenced for the matter. The provision
clarifies that issuing a stop work notice for an activity does not prevent the
authorised officer from also giving the recipient a restoration notice in
relation to that activity. Further, issuing a compliance notice under this Part
does not limit or otherwise affect, any other compliance avenue available to
the chief executive or another party under this Act, the Planning Act or a
resource Act relating to the matter.
Other persons bound by compliance notice
Clause 163 provides that a compliance notice binds the recipient's
successors. Where the recipient is the holder of a development approval or
resource authority, the notice binds any person who holds that development
approval or resource authority.
It is also taken that the successors or holders of the authority are taken to
have received the compliance notice and that any reference in the notice to
the recipient includes both the recipient and the successor. The clause
further provides that any compliance action expenses owing to the State by
the recipient become owing by the recipient and the successor or holder of
the authority.
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Power to remedy compliance notice contravention
Clause 164 provides for an authorised person to take any reasonable steps,
and if necessary, use reasonable force to ensure compliance with a
compliance notice.
Any reasonable expenses incurred by the State in undertaking a compliance
action under this Part, including the cost of services that the State provides
for itself, can be recovered from the recipient as a debt.
Effect on compliance notice of subsequent acquittal in relevant
proceeding
Clause 165 provides that where a recipient of a stop work notice is
acquitted in a proceeding against them, the stop work notice will cease to
have effect. Similarly, where the recipient of a restoration notice is
acquitted of any offence against this Act, the restoration notice is taken
never to have had any effect. However, any compliance action taken
relating to a notice is not invalidated or effected by the acquittal.
Part 4 Appeals against decision to give
stop work or restoration notice
Appeal to Planning and Environment Court
Clause 166 provides the recipient--of an information notice about a
decision under this chapter--the right to appeal the decision within 28 days
of the notice being issued. The appeal is made to the Planning and
Environment Court.
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Chapter 7 Investigation and
Enforcement
Part 1 General provisions about
authorised persons
Division 1 Appointment
Authorised persons
Clause 167 prescribes that this chapter provides for the appointment of
authorised persons, and gives authorised persons particular powers. The
purpose of these provisions is to ensure the chief executive has available
suitably qualified persons who can help the chief executive process
applications under this Act and deal with issues about compliance.
Functions of authorised persons
Clause 168 outlines the functions of an authorised officer, which are to:
· help the processing of applications under this Act
· investigate, monitor and enforce compliance with the Act;
· investigate or monitor whether an occasion has arisen for the exercise
of powers under this Act;
· facilitate the exercise of powers under the Act.
· give stop work notices and restoration notices, and taking compliance
action if they are not complied with.
Authorised officers have powers related to the processing of applications to
assist the chief executive in situations where consent for access to land or
consent to carry out application assessment activities cannot be obtained.
Appointment and qualifications
Clause 169 states that the chief executive may, by instrument in writing,
appoint an officer of the department as an authorised person, if the chief
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executive is satisfied that the person has the necessary expertise or
experience.
Appointment conditions and limit on powers
Clause 170 specifies that an authorised person holds office on the
conditions stated in their instrument of appointment, or in a notice signed
by the chief executive given to the authorised person, or in a regulation.
The instrument of appointment, the signed notice or a regulation, may limit
the powers of an authorised person.
When office ends
Clause 171 states that the office of an authorised person ends if the term of
office stated in a condition of office ends, or under another condition of
office, the office ends; or the authorised person resigns. However, the
clause does not limit the ways the office of a person as an authorised person
ends.
Resignation
Clause 172 provides that an authorised person may resign by signed notice
given to the chief executive.
Division 2 Identity cards
Issue of identity card
Clause 173 requires the chief executive to issue an identity card to each
authorised person. The identity card must contain a recent photo of the
person, a copy of their signature and identify them as an authorised person
under the Act and stating the expiry date of the card. This clause does not
prevent a single identity card being issued to a person for this Act and other
purposes.
Production or display of identity card
Clause 174 ensures that the authorised officer produces or displays their
identity card to a person when exercising powers in relation to that person
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under this Act. If that is not practicable, then the authorised person must
produce their identity card at the first reasonable opportunity.
The purpose of the clause is to ensure a person, in relation to whom a
power is being exercised, can readily identify an authorised officer in a
timely way.
Return of identity card
Clause 175 requires an authorised officer to return their identity card to the
chief executive within 21 days after the office ends unless the person has a
reasonable excuse. The maximum penalty for this offence is 50 penalty
units.
Division 3 Miscellaneous provisions
References to exercise of powers
Clause 176 states that if a provision of this chapter refers to the exercise of
a power by an authorised person; and there is no reference to a specific
power; the reference is to the exercise of all or any authorised persons'
powers under this chapter or a warrant, to the extent the powers are
relevant.
Reference to document includes reference to reproductions
from electronic document
Clause 177 provides that in Chapter 7 a reference to a document includes a
reference to an image or writing produced from an electronic document; or
not yet produced, but reasonably capable of being produced, from an
electronic document, with or without the aid of another article or device.
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Part 2 Entry of places by authorised
persons
Division 1 Power to enter
General power to enter places
Clause 178 prescribes the circumstances when an authorised person may
enter a place.
This clause does not authorise entry to any part of the place where a person
resides.
If entry was authorised by consent then the power is subject to any
conditions of the consent and ceases if the consent is withdrawn. If the
power to enter is under a warrant, the entry is subject to the terms of the
warrant.
The Clause includes circumstances where an authorised person may enter a
place without consent or warrant. This power is limited to circumstances
where the authorised person requires access related to stopping an SCL
offence; to undertake compliance actions; to conduct activities related to
applications and authorities; to access land it is necessary to cross for
certain purposes and to access a place after reasonable attempts to locate an
occupier have not been successful.
Powers of entry without warrant in these circumstances is justified when
consent cannot be obtained to carry out necessary functions under this Act.
In many circumstances, the interests of persons from whom consent may
be required may be inconsistent with the interests of the Chief executive in
achieving the purposes of this Act.
Procedure for particular entries not by notice or consent or
under a warrant
Clause 179 provides requirements if an authorised person intends to enter a
place for prescribed purposes related to applications, authorities, stop work
notices and compliance notices. Entry may be without warrant or consent
if the authorised person produces or displays their identity card in the
required way; tells the occupier of the purpose of the entry and that the
entry is permitted under this Act without consent or warrant.
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This power is justified when access with consent cannot be obtained
because the interests of persons from whom consent may be required may
be inconsistent with the interests of the Chief executive in achieving the
purposes of this Act.
Division 2 Entry by consent or after reasonable
attempts to locate an occupier
Subdivision 1 Preliminary
Application of div 2
Clause 180 provides that this division applies if an authorised person
intends to ask an occupier of a place for consent to enter the place.
Subdivision 2 Provisions for entry by consent
Incidental entry to ask for access
Clause 181 provides that the authorised person may, without the occupier's
consent or a warrant, enter land around premises at the place to an extent
that is reasonable to contact the occupier. For this purpose the authorised
person may enter part of the place the authorised person reasonably
considers that members of the public ordinarily are allowed to enter when
they wish to contact an occupier of the place.
Matters authorised person must tell occupier
Clause 182 ensures that the authorised officer has explained to the occupier
the purpose of the entry, including the powers intended to be exercised; that
the occupier is not required to give consent; and that the consent may be
given subject to conditions and may be withdrawn at any time.
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Consent acknowledgement
Clause 183 provides that where consent is given the authorised person may
ask the occupier to sign an acknowledgement of consent. The clause
provides the minimum details to be included in the acknowledgement.
The clause also provides that if the occupier signs the acknowledgment, a
copy must be given to the occupier.
The clause further provides that if proceedings arise about whether the
occupier consented to entry and an acknowledgement notice is not
produced in evidence, the onus of proof is on the person relying on the
lawfulness of the entry to prove the occupier consented.
Entry only by warrant or other authorisation if consent refused
Clause 184 states that if the occupier refuses consent to enter, the
authorised person must not enter the place unless the entry is under a
warrant or is otherwise authorised under a power of entry.
Subdivision 3 Entry after reasonable attempts to
locate an occupier
Entry power and requirement
Clause 185 provides that an authorised person may enter a place, other than
where a person is residing or apparently resides, if they are unable, after
reasonable attempts, to locate an occupier. The Authorised person must
leave a notice in a conspicuous place and in a reasonably secure way
stating the date, time and purpose of the entry.
Division 3 Entry under warrant
Subdivision 1 Obtaining warrant
Application for warrant
Clause 186 states that an authorised person may apply to a magistrate for a
warrant for a place.
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The authorised person must prepare a written application that states the
grounds on which the warrant is sought; the written application must be
sworn; and the magistrate may refuse to consider the application until the
authorised person gives the magistrate all the information the magistrate
requires about the application in the way the magistrate requires.
Issue of warrant
Clause 187 provides the criteria that the magistrate must be satisfied of, in
order to issue a warrant for the place.
The clause also provides the details that the warrant must state, including
that within 14 days after the warrant's issue, the warrant ends.
Electronic application
Clause 188 allows an application for a warrant to be made by phone, fax,
email, radio, videoconferencing or another form of electronic
communication if the authorised person reasonably considers it necessary
because of urgent circumstances or other special circumstances, including,
for example, the authorised person's remote location.
The application may not be made before the authorised person prepares the
written application but may be made before the written application is
sworn.
Additional procedure if electronic application
Clause 189 provides, for an electronic application, that the magistrate must
be satisfied that the application is necessary and that it was properly made.
The provision also provides how, once the magistrate issues the original
warrant, a duplicate warrant is to be issued by the magistrate or otherwise
how a duplicate warrant is to be completed by the authorised officer. A
duplicate warrant, in either circumstance, is as effectual as the original.
This clause also provides that the authorised person must, as soon as is
reasonable, send to the magistrate the written application and secondly if
the authorised person completed a form of warrant --the duplicate warrant.
The magistrate must keep the original warrant and, on receiving the
documents from the authorised officer mentioned above attach the
documents to the original warrant; and give the original warrant and
documents to the clerk of the court of the relevant magistrate's court.
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If an issue arises in a proceeding about whether an exercise of a power was
authorised by a warrant issued under this section; and the original warrant
is not produced in evidence; the onus of proof is on the person relying on
the lawfulness of the exercise of the power to prove a warrant authorised
the exercise of the power. This clause does not limit the ability to make an
application for a warrant.
Defect in relation to a warrant
Clause 190 provides that a warrant, including a duplicate warrant, is not
invalidated by a defect in the warrant or compliance with this subdivision
unless the defect affects the substance of the warrant in a material
particular.
Subdivision 2 Entry procedure
Entry procedure
Clause 191 states the actions, if an authorised person is intending to enter a
place under a warrant or duplicate warrant, that the authorised person must
do, or make reasonable attempts to do before entering the place.
However, the clause provides that the authorised person need not undertake
these actions if the authorised person reasonably believes that entry to the
place without compliance is required to ensure the execution of the warrant
is not frustrated.
Part 3 Other authorised persons'
powers and related matters
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Division 1 General powers of authorised
persons after entering places
Application of div 1
Clause 192 provides that the power under this division may be exercised if
an authorised person enters a place under an entry power, other than the
power related to access land or a public place or if the entry was only under
the stop work notice service power.
However, if the authorised person enters under by consent or under a
warrant, the powers under this division are subject to any conditions of the
consent or terms of the warrant.
General powers
Clause 193 provides an authorised person with a range of powers, each a
general power.
The authorised person may take a necessary step to allow the exercise of a
general power. The power includes taking on to a place any reasonably
required person, for instance persons with technical qualifications to assist
in application processing when consent for entry cannot otherwise be
obtained for the purpose.
The clause further provides conditions on specific general powers.
Power to require reasonable help
Clause 194 gives an authorised person the power to require help of an
occupier of the place or a person at the place to give the authorised person
reasonable help to exercise a general power, including, for example, to
produce a document or to give information.
When making the help requirement, the authorised person must inform the
person that it is an offence not to comply with a help requirement without a
reasonable excuse.
Offence to contravene help requirement
Clause 195 establishes a maximum penalty of 100 penalty units for a
failure of a person to comply with a help requirement without a reasonable
excuse. It is a reasonable excuse for an individual not to comply with a
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help requirement if complying might tend to incriminate the individual or
expose the individual to a penalty unless the document or information is
required to be held or kept by the defendant under this Act.
Division 2 Powers after entry under stop work
notice service power
Powers
Clause 196 provides that if an authorised officer uses an entry power and
the entry was only under the stop work notice service power, the authorised
officer may only give the occupier the stop work notice; and take into or
onto the place any person the authorised officer reasonably requires for
giving the notice.
Division 3 Seizure by authorised persons and
forfeiture
Subdivision 1 Power to seize
Seizing evidence at a place that may be entered without
consent or warrant
Clause 197 gives an authorised person, who enters a place that they are
authorised to enter under this Act without the consent of an occupier of the
place and without a warrant; the power to seize a thing that the authorised
person reasonably believes is evidence of an offence against this Act.
Seizing evidence at a place that may be entered only with
consent or warrant
Clause 198 applies where an authorised person, is only authorised to enter
a place only with the consent of the occupier of the place or with a warrant
and enters the place.
If entry is by consent, then, the clause provides that the authorised person
may seize anything the authorised person reasonably believes is evidence
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of an offence against this Act and seizure of the thing is consistent with the
purpose of entry as explained to the occupier when asking for the
occupier's consent. If however, entry is by warrant then the authorised
person may seize the evidence for which the warrant was issued.
The clause further provides that the authorised person may also seize any
other thing at the place, if the authorised person reasonably believes it is
evidence of an offence and seizure is necessary to prevent the thing being
hidden, lost or destroyed or the authorised person reasonably believes it has
just been used in committing an offence against this Act.
Seizing thing or sample taken for examination
Clause 199 provides the relevant power for when an authorised person may
seize a thing or sample they believe is evidence of an offence against this
Act after taking the thing or sample for examination and after examining it.
The clause applies as if, the authorised person had the reasonable belief
when the thing or sample was taken and at the time they could have seized
it.
Seizure of property subject to security
Clause 200 provides that an authorised person may seize a thing, and
exercise powers relating to the thing, despite a lien or other security over
the thing claimed by another person.
However, the seizure does not affect the other person's claim to the lien or
other security against a person other than the authorised person or a person
acting for the authorised person.
Subdivision 2 Powers to support seizure
Power to secure seized thing
Clause 201 provides that after an authorised officer seizes a thing, they
may leave it at the place of seizure and take reasonable action to restrict
access to it by sealing the thing, or the entrance to the place of seizure, and
mark the thing or place to show access to the thing or place is restricted; or
for equipment, by making it inoperable; or require a person the authorised
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person reasonably believes is in control of the place or thing to do these
acts.
The Authorised officer may also move the thing seized from the place of
seizure.
Offence to contravene other seizure requirement
Clause 202 makes it an offence with a maximum penalty of 100 penalty
units for a person not to comply with a requirement made of the person to
do an act under section 200, unless the person has a reasonable excuse.
Offence to interfere
Clause 203 makes it an offence to tamper with a seized thing to which
access is restricted, without an authorised person's approval or a reasonable
excuse. It is also an offence under this clause to enter the place or tamper
with anything used to restrict access to the place without an authorised
person's approval or a reasonable excuse. The penalty is a maximum of 100
penalty units.
Subdivision 3 Safeguards for seized things
Receipt and information notice for seized thing
Clause 204 requires a receipt (describing the thing and its condition) and
an information notice about the decision to seize the thing under this
division, be given to a person as soon as practicable after the thing has been
seized.
If the person is not present when the thing is seized, the receipt and
information notice may be left in a conspicuous position and in a
reasonably secure way at the place at which the thing is seized. The receipt
and information notice may be given in the same document and relate to
more than one seized thing.
The authorised person may delay giving the receipt and information notice
if the authorised person reasonably suspects giving them may frustrate or
otherwise hinder an investigation by the authorised person under this Act.
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However, the delay may be only for so long as the authorised person
continues to have the reasonable suspicion and remains in the vicinity of
the place at which the thing was seized to keep it under observation.
A receipt and information notice do not need to be given if the authorised
person reasonably believes there is no-one apparently in possession of the
thing or the thing has been abandoned; or because of the condition, nature
and value of the seized thing it would be unreasonable to require the
authorised person to comply with this section; or if the thing was seized
under clause 199 and this clause has, under clause 193(3) already been
complied with.
Access to seized thing
Clause 205 requires that until a seized thing is forfeited or returned, the
authorised person who seized the thing must allow an owner of the thing, to
inspect it at any reasonable time, and from time to time, and if it is a
document copy it unless it is impracticable or would be unreasonable.
The inspection or copying must be allowed free of charge. This provision is
important to ensure that rights of a person to access their property are not
taken away unless it is impracticable or unreasonable to uphold them.
Return of seized thing
Clause 206 requires the authorised person to return the seized thing to an
owner at the end of 6 months after the seizure or, if a proceeding for an
offence involving the thing is started within the 6 months -- at the end of
the proceeding and any appeal from the proceeding.
This clause only applies to a seized thing that has some intrinsic value and
that is not forfeited or transferred under subdivision 4 or 5 and not subject
to a disposal order under Division 5. However, if the thing was seized as
evidence, the authorised person must return the thing to an owner as soon
as it is no longer required to be retained as evidence and it is lawful for the
owner to possess it.
Nothing in this section affects a lien or other security over the seized thing.
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Subdivision 4 Forfeiture
Forfeiture by chief executive decision
Clause 207 gives the chief executive the power to decide a seized thing is
forfeited to the State if after making reasonable inquiries cannot find an
owner or after making reasonable efforts, cannot return it to an owner.
The authorised person is not required to make inquiries if it would be
unreasonable to make inquiries to find an owner or if it would be
unreasonable to make efforts to return the thing to an owner. Regard must
be had to the things condition, nature and value in deciding whether it is
reasonable to make inquiries or efforts; and if inquiries or efforts are made,
what inquiries or efforts, including the period over which they are made,
are reasonable.
Information notice about forfeiture decision
Clause 208 applies if the chief executive decides to forfeit a thing, the chief
executive must as soon as practicable give a person who owned the thing
immediately before the forfeiture (the former owner) an information notice
for the decision.
The information notice may be given by leaving it at the place where the
thing was seized, in a conspicuous position and in a reasonably secure way.
The information notice must state that the former owner may apply for a
stay of the decision if he or she appeals against the decision.
However, this does not apply if the place where the thing was seized is a
public place or a place where the notice is unlikely to be read by the former
owner.
Subdivision 5 Dealing with property forfeited or
transferred to State
When thing becomes property of the State
Clause 209 provides that a thing becomes the property of the State if the
thing is forfeited to the State or the owner of the thing and the State agree,
in writing, to the transfer of the ownership of the thing to the State.
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How property may be dealt with
Clause 210 allows the chief executive to deal with the thing, if it becomes
property of the state, as the chief executive considers appropriate. The
chief executive must not deal with the thing in a way that could prejudice
the outcome of any appeal relating to the forfeiture under this Act. If the
chief executive sells the thing, the chief executive may, after deducting the
costs of the sale, return the proceeds of the sale to the former owner of the
thing. This clause is subject to any disposal order made for the thing.
Division 4 Disposal orders
Disposal order
Clause 211 allows the Magistrate's court to make a disposal order if a
person is convicted of an offence against this Act for the disposal of
anything that was the used to commit the offence or another thing the court
considers is likely to be used in committing a further offence against this
Act. The clause provides for a notice to be given to a person who may have
any property in the thing to make a claim. The court may make any order to
enforce the disposal order that it considers appropriate.
Division 5 Other information-obtaining powers
of authorised persons
Power to require name and address
Clause 212 gives an authorised officer the power to require name and
address from a person committing or suspected of committing an offence
against the Act. The authorised person may require the person to state the
person's name and address. The authorised person may also require the
person to give evidence of the correctness of the stated name or address if,
in the circumstances, it would be reasonable. When making a personal
details requirement, the authorised person must give the person an offence
warning for the requirement.
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Offence to contravene personal details requirement
Clause 213 creates an offence with a maximum penalty of 100 penalty
units for contravening a personal details requirement unless the person has
a reasonable excuse. A person may not be convicted of this offence unless
the person is found guilty of the offence in relation to which the personal
details requirement was made.
Power to require production of documents
Clause 214 allows an authorised person to require a person to, make
available for inspection, or to produce a document (or a clear reproduction
of that document) that is required to be kept by the person for inspection
under the Environmental Protection Act, a resource Act or a source
authority.
The authorised person can keep the document to copy it but must return it
as soon as practicable. The authorised person may require the person
responsible for keeping the document to certify the copy and may keep the
document until the person complies with this requirement.
Offence to contravene document production requirement
Clause 215 specifies the offence and a maximum penalty of 100 penalty
units for failing to comply with a document production requirement
without a reasonable excuse.
It is not a reasonable excuse not to comply because complying might
incriminate the person or expose the person to a penalty.
The authorised person is required to inform the person that they must
comply with the document production even though complying might tend
to incriminate the person or expose the person to a penalty and that there is
limited immunity against the future use of the information or document
given in compliance with the requirement.
The court cannot convict a person of this offence if the authorised person
has not informed the person as required.
If a court convicts a person of an offence against this section, the court may,
as well as imposing a penalty for the offence, order the person to comply
with the document production requirement.
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Offence to contravene document certification requirement
Clause 216 specifies the offence and maximum penalty of 100 penalty
units for contravening a document certification requirement without a
reasonable excuse. It is not a reasonable excuse not to comply with this
section because it might tend to incriminate the person or expose the
individual to a penalty.
The authorised person is required to inform the person that they must
comply with the document certification requirement even though
complying might tend to incriminate the person or expose the person to a
penalty and that there is limited immunity against the future use of the
information or document given in compliance with the requirement. The
court cannot convict a person of this offence if the authorised person has
not informed the person as required.
Power to require information
Clause 217 provides that an authorised person, who reasonably believes an
offence, has been committed and that a person may be able to give
information about the offence, may give a written notice to the person
requiring them to provide information relevant to the offence at a stated
time and place.
Where the information is in an electronic document, compliance requires
the giving of a clear written version of the electronic document.
Offence to contravene information requirement
Clause 218 specifies the offence and maximum penalty of 100 penalty
units for not complying with an information requirement without a
reasonable excuse. It is a reasonable excuse that the information might
tend to incriminate the individual or expose the individual to a penalty.
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Part 4 Other provisions relating to
authorised persons
Division 1 Damage
Duty to avoid inconvenience and minimise damage
Clause 219 requires an authorised person must take all reasonable steps to
cause as little inconvenience, and do as little damage, as possible.
Notice of damage
Clause 220 provides for the accountability of authorised officers causing
damage. This section applies if an authorised person exercising a power
under the Act or a person acting under the direction of an authorised person
damages something.
This clause does not apply if the authorised officer reasonably considers
that the damage is trivial, no-one is in apparently in possession of the thing,
or it has been abandoned.
Otherwise, the authorised person must give notice of the damage to the
person who appears to be the owner or person in control of the thing. If the
authorised person cannot give the notice in this way, they must leave the
notice at the place where the damage happened and ensure it is left in a
conspicuous position and in a reasonable way.
The authorised person may delay complying with the notice requirements
if they reasonably suspects that complying may frustrate or otherwise
hinder the performance of the authorised person's functions. The delay
may be only for so long as the authorised person continues to have the
reasonable suspicion and remains in the vicinity of the place.
If the authorised person believes the damage was caused by a latent defect
in the thing or other circumstances beyond the control of the authorised
person or the assistant, the authorised person may state the belief in the
notice. The notice must also state the particulars of the damage; and that
the person who suffered the damage may claim compensation under
section 221.
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Division 2 Compensation
Compensation
Clause 221 provides that a person may claim compensation from the State
if the person incurs loss because of the exercise, or purported exercise, of a
power by, or for, an authorised person including a loss arising from
compliance with a requirement made of the person under this division.
However, this does not include loss arising from a lawful seizure or a
lawful forfeiture.
The compensation may be claimed and ordered in a proceeding:
· brought in a court with jurisdiction for the recovery of the amount of
compensation claimed; or
· for an alleged offence against this Act the investigation of which gave
rise to the claim for compensation.
A court may order the payment of compensation only if it is satisfied it is
just to make the order in the circumstances of the particular case. In
considering whether it is just to order compensation, the court must have
regard to any relevant offence committed by the claimant.
The clause also provides that a regulation may prescribe other matters that
may, or must, be taken into account by the court when considering whether
it is just to order compensation.
A statutory right of compensation is not provided by this section.
Division 3 Other offences relating to authorised
persons
Giving authorised person false or misleading information
Clause 222 provides that it is an offence with a maximum penalty of 1,665
penalty units to knowingly give an authorised officer false or misleading
information whether or not the information or document was given in
response to a specific power under this Act.
The purpose of this clause is to act as a deterrent and to ensure that
authorised officers are able to obtain accurate and reliable information.
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Obstructing authorised person
Clause 223 provides that it is an offence with a maximum penalty of 100
penalty units to obstruct an authorised person or someone helping an
authorised person exercising a power without reasonable excuse.
If a person has obstructed and the authorised person decides to proceed
with the exercise of the power, the authorised person must warn the person
that:
· it is an offence to cause an obstruction unless the person has a
reasonable excuse; and
· the authorised person considers the person's conduct an obstruction.
Impersonating authorised person
Clause 224 provides that it is an offence with a maximum penalty of 100
penalty units to impersonate an authorised person.
Division 4 Miscellaneous provision
Evidential immunity for individuals complying with particular
requirements
Clause 225 provides limited immunity to individuals who have produced
documents or given information required by an authorised officer that may
tend to incriminate them.
The clause provides that if an individual gives or produces information or a
document to an authorised person under section 194, 214 or 217 or a
document mentioned in section 214(1)(a), evidence of the information or
document, and other evidence directly or indirectly derived from the
information or document, is not admissible against the individual in any
proceeding to the extent it tends to incriminate the individual, or expose the
individual to a penalty, in the proceeding.
However, this does not apply for proceeding about the false or misleading
nature of the information or anything in the document or a proceeding in
which the false or misleading nature of the information or document is
relevant evidence.
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Part 6 Appeals against decisions under
chapter
Appeal to Magistrates Court
Clause 226 provides that the recipient of an information notice about a
decision under this chapter has a right of appeal against the decision to a
Magistrates Court.
Chapter 8 Miscellaneous provisions
Part 1 Science and Technical
Implementation Committee
Establishment
Clause 227 provides that the Minister may establish a Science and
Technical Implementation Committee.
Membership
Clause 228 provides for the Minister to appoint a chair person and at least
3 other committee members.
The Minister can only appoint a person as a committee member if satisfied
that the person has expertise or experience in soil attributes and processes,
or another area of knowledge prescribed under a regulation. Committee
members are entitled to be paid the fees and allowances decided by the
Minister.
Functions
Clause 229 provides for the committee to give the Minister independent
scientific and technical advice about the administration of the Act in
relation to soil and land resources and other matters decided by the
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Minister. The Minister may also require the committee to prepare a report
about the administration of the Act in relation to soil and land resources.
Committee's business and operation
Clause 230 provides for the Minister to make terms of reference for how
the committee is to conduct its business or perform its functions.
Confidentiality relating to committee's functions
Clause 231 applies to a person who is or has been a committee member and
in that capacity acquired protected information, or access to / custody of a
document containing protected information.
Protected information is information that is not publicly available and
which was obtained for the performance of any of the committee's
functions. The clause establishes a penalty for a breach of confidentiality
with a maximum of 200 penalty units or 1 year's imprisonment. However a
committee member will not have breached confidentiality where the
information is used:
· to the extent necessary for the committee member to perform the
person's functions as a committee member;
· with the consent of the entity that the information relates to;
· with the consent of the Minister; or
· as required or permitted by law.
Part 2 General provisions about
applications
Application of pt 2
Clause 232 specifies that this part applies for any application made under
the Act.
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Requirements for making application
Clause 233 requires the decision-maker to refuse to receive or process an
application that has not been made in accordance with the requirements of
the Act. However this provision also provides for the decision-maker to
allow the application to proceed and be decided as though it is a properly
made submission where the decision-maker is satisfied that the application
substantially complies with the requirements of the relevant sections .
Requisition to applicant
Clause 234 provides for the decision-maker to require the applicant to
complete or correct an application, provide additional information or
provide a report accompanied by a statutory declaration verifying the
contents of the report. The decision-maker may extend the period for
complying with the requirement.
Consequence of failure to comply with application requisition
Clause 235 provides that where an application requisition is not complied
with, the application will lapse unless the decision maker is satisfied there
is sufficient information for the application to be decided.
For an exceptional circumstances application, the decision maker may
refuse the application if insufficient information has been provided.
Particular criteria generally not exhaustive
Clause 236 provides for the decision-maker to consider other criteria the
decision-maker considers relevant to the application.
Particular grounds for refusal generally not exhaustive
Clause 237 provides for the decision maker to consider other matters and
information relevant to the application and decide, based on that
information, to refuse the application. However this provision does not
apply where the decision making provision provides exclusive criteria,
such us for exceptional circumstances decisions under Chapter 4.
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General power to impose conditions
Clause 238 provides that a power to decide an application includes the
power to grant the application subject to conditions that must be complied
with before the application is granted.
Withdrawal of application
Clause 239 provides that an applicant may withdraw the application at any
time before it is decided and that the withdrawal takes effect when the
notice is given to the decision maker.
Power to refund application fee
Clause 240 provides, at the discretion of the decision maker, to refund all
or part of a prescribed fee that accompanied an application where the
application is withdrawn or where the decision maker considers it
appropriate.
Part 3 The decision register
Register
Clause 241 requires the chief executive to keep a register showing the
outcome of decision made under this Act and any other information the
chief executive considers appropriate.
Access to register
Clause 242 requires the chief executive to make the decision register
available for inspection and purchase, with the option of keeping the
decision register published on the department's website.
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Part 4 Executive officers
Executive officers must ensure corporation does not commit
SCL offences
Clause 243 requires that the executive officers of a corporation ensure the
corporation complies with the offence provisions of the Act. This provision
specifies that if a corporation commits an offence, each of the corporation's
executive officers also commit an offence. The maximum penalty for the
offence is the penalty applicable where a person (not a corporation)
commits the offence.
However executive officer has a defence where:
· the officer exercised reasonable diligence to ensure the corporation
complied with the provision
· the officer was not in a position to influence the conduct of the
corporation in relation to the offence.
Part 5 Evidentiary provisions
Application of pt 5
Clause 244 provides that this part applies to a proceeding under, or in
relation to, this Act.
Authority
Clause 245 provides that during a proceeding the powers of the Minister,
Co-ordinator General, chief executive or an authorised person under the
Act are presumed unless a party to the proceeding, by reasonable notice,
requires proof of it.
Signatures
Clause 246 provides that a signature purporting to be the signature of the
Minister, Co-ordinator General or the chief executive is evidence of that
signature.
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Evidentiary certificates
Clause 247 provides for a certificate signed, or purporting to be signed, by
the chief executive or Coordinator-General that states any of the listed
matters, is evidence of the matter.
Devices used by authorised person
Clause 248 provides that in the absence of evidence to the contrary, a
device used for a purpose for which it was made, by an authorised person
to perform the authorised person's functions, is taken to have been working
properly and that the person operating the device is appropriately qualified.
Remotely sensed image reports
Clause 249 provides that a statement of matters in a report about a
remotely sensed image is evidence of any of the matters listed. A signature
in the report purporting to be that of a person appropriately qualified to
give reports of that type, is evidence that the report-maker was so qualified.
Notice of challenge required for matters about devices or
remotely sensed image
Clause 250 applies if a party to a proceeding intends to challenge a matter
mentioned in clause 247 or a statement mentioned in clause 248.
The provision provides that the party intending to make the challenge, must
give the other parties to the proceeding at least 28 days notice of the party's
intention to present relevant evidence and state the grounds on which the
challenge is based.
Part 6 Offence proceedings
Division of offences against Act
Clause 251 provides that an offence against this Act for which the
maximum penalty of imprisonment is 2 years or more is an indictable
offence, and a crime.
Any other offence against this Act is a summary offence.
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Proceeding for indictable offences
Clause 252 provides that a proceeding for an indictable offence against this
Act may, at the prosecution's election, be taken summarily or on
indictment. The maximum penalty of imprisonment that may be summarily
imposed for an indictable offence is 1 year's imprisonment.
The clause also provides that a magistrate must not hear an indictable
offence summarily if the defendant asks that the charge be prosecuted on
indictment or if the magistrate considers that the charge should be
prosecuted on indictment.
Limitation on who may summarily hear indictable offence
proceedings
Clause 253 provides for when proceedings must heard by a magistrate.
Proceeding for summary offences
Clause 254 provides that a proceeding for a summary offence against this
Act must start within one year after the commission of the offence or
within one year after the offence comes to the complainant's knowledge,
but within five years after the offence is committed.
Alternative offences
Clause 255 provides that where an alternative lesser offence is provided for
in the Act, that the trier of fact hearing the matter, may find the defendant
guilty of the lesser offence where the trier is satisfied that the defendant is
only guilty of the lesser offence.
Statement of complainant's knowledge
Clause 256 provides that where the complaint makes a statement for a
proceeding for an offence against this Act, the statement made is evidence
that the matter came to the complainant's knowledge on that day.
Conduct of representatives
Clause 257 provides circumstances that are sufficient in demonstrating a
person's state of mind where it is relevant to prove the person's state of
mind about particular conduct.
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Part 7 General provisions for appeals
Application of pt 7
Clause 258 provides that this part applies for an appeal against a decision
under this Act.
Appeal period
Clause 259 requires an appeal to be started within 28 days after the
appellant receives notice of the decision. However, the court may at any
time extend the time for starting the appeal.
Appeal does not generally affect decision
Clause 260 provides that an appeal does not affect operation or
implementation of the decision other than if the decision is stayed under
clause 261.
Stays
Clause 261 provides that the court may, on application, make an order to
stay a decision. However, this does not apply to a decision to give a stop
work notice.
Part 8 Other provisions
When documents are served by post
Clause 262 provides that despite section 39A(1) of the Acts Interpretation
Act 1954, if this Act requires or permits a document to be served by post
service, then it may be effected by properly addressing, prepaying and
posting the document as a letter. Where this occurs, the document is taken
to have been effected at the time at which the letter is posted.
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References to right to enter
Clause 263 provides how the phrase "to enter a place" is to interpreted in
the Act.
Guidelines
Clause 264 provides that the chief executive may make guidelines to give
advice about applications under this Act. If guidelines are made the chief
executive must publish the guidelines on the department's website and
make them available for inspection and purchase.
Appropriate fee for purchasing copies
Clause 265 provides that if a provision of this Act requires a document to
be available for inspection and purchase, then the appropriate fee for giving
a copy of a document is not to be more than the actual cost of making and
providing the copy.
No compensation because of Act
Clause 266 provides that no compensation is payable by the State or an
officer:
a) for or in connection with the enactment making or operation of the
Act or a statutory instrument under it; or
b) because of an amendment of a map under the Act; or
c) because the carrying out of an activity is made unlawful, or is
conditioned or restricted, under the Act.
Delegation by Minister, Coordinator-General and chief
executive
Clause 267 provides for the Minister, Coordinator-General or chief
executive to delegate their functions under the Act to any appropriately
qualified public service officer or employee. However, the Minister or
Coordinator-General can not delegate the function to decide exceptional
circumstances applications.
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Protection of officials from liability
Clause 268 provides that an official does not incur civil liability for an act
done, or an omission made, honestly and without negligence under this Act
and that the liability attaches instead to the State.
Review of Act
Clause 269 requires the Minister to review the Act between 30 January
2014 and 30 January 2016. The review must include a review of provisions
about the Science and Technical Committee.
Approved forms
Clause 270 provides that the chief executive may approve forms for use
under the Act and such forms can be combined with, or used together with
an approved form under another Act.
Regulation-making power
Clause 271 provides that the Governor in Council may make regulations
under the Act. A regulation may provide for fees payable under this Act
and the matters for which they are payable. Any offences for contravening
a regulation must not be greater than 20 penalty units.
Chapter 9 Transitional provisions
This chapter applies to resource development project proposals involving
applications for production tenures such as a mining lease or a petroleum
lease, which have met certain milestones in the assessment and approval
processes.
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Part 1 Preliminary
Definitions for chapter 9
Clause 272 defines the terms used in this chapter.
Part 2 Existing source authorities
Existing source authorities not affected
Clause 273 provides that this Act does not affect a source authority in force
before the Act's commencement, or the operation of the Environmental
Protection Act, Planning Act or a resource Act for the authority.
Part 3 Environmental and resource
authority applications
Division 1 General provision
Act generally applies for all applications whenever made
Clause 274 provides that, subject to divisions 2 and 3 of this Part, the Act
will apply to environmental authority or resource authority applications
made but not decided before commencement of this Act.
Applications for which the Act does not apply, or only applies in a
particular way, are described in Divisions 2 and 3.
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Division 2 Exclusion of all of Act for particular
applications
Exclusion
Clause 275 excludes developments under clauses 276 and 277 that required
an environmental and a resource authority, from the application of the Act.
Resource development projects can take many years to complete all of the
relevant assessment requirements to receive their final approvals. In
addition to being lengthy, the process involves significant investment by the
applicant. Consequently, as the applications that are captured by this
Division are considered to be so well advanced in the approvals process,
assessment for the purposes of this Act is not considered to be appropriate.
These developments must be dealt with and decided under the
Environmental Protection Act 1994 and the relevant resource Act, as if this
Act had not commenced.
EIS stage completed on or before 31 May 2011
Clause 276 excludes applications for mining and petroleum leases from the
application of this Act where the proposed development had completed the
EIS stage on or before 31 May 2011. Applications for these developments
are dealt with under the Environmental Protection Act 1994 and the
relevant resource Act and decided as if this Act had not commenced.
This provision applies to projects that have undergone an EIS process
under either the Environmental Protection Act 1994 or the State
Development and Public Works Administration Act 1971.
Draft environmental authority on or before 31 May 2011
Clause 277 excludes applications for mining and petroleum leases from the
application of this Act where a draft environmental authority was given for
the proposed project on or before 31 May 2011. Applications for these
developments are dealt with under the Environmental Protection Act 1994
and the relevant resource Act and decided as if this Act had not
commenced.
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Division 3 Exclusion of permanent impact
restriction for particular applications
Exclusion
Clause 278 provides that the permanent impact restriction in clause 93 does
not apply for developments that are excluded under this division.
Excluded projects will still be assessed under Chapter 3 of this Act to
ensure the development avoids and minimises its impact on SCL or
potential SCL to the greatest extent possible. Where the development
permanently impacts SCL, mitigation under Chapter 5 of the Act will be
required to address the resulting loss of the land's cropping productivity.
Applications made and finalised EIS TOR on or before 31 May
2011
Clause 279 excludes mining and petroleum lease applications from the
permanent impact restriction in clause 93, where on or before 31 May
2011:
· the application for the project had been made; and
· the project had finalised EIS terms of reference; and
· either a certificate of application was issued for the mining lease
application or the petroleum lease application complied with the
relevant requirements under the Petroleum Act 1923 or the Petroleum
and Gas (Production and Safety) Act 2004.
The purpose of this clause is to provide transitional arrangements for
resource development proposals that have met, as at 31 May 2011, the
milestones outlined in this provision. While these projects will be able to
proceed even where they have a permanent impact on land, they will still be
assessed and conditioned in accordance with Chapter 3 and subject to the
mitigation requirements in Chapter 5 where they permanently impact SCL.
Finalised EIS TOR on or before 31 May 2011 for petroleum lease
application
Clause 280 excludes a petroleum lease application from the permanent
impact restriction in clause 93, where:
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· on or before 31 May 2011 the project had finalised EIS terms of
reference for an area that included the area of an Authority to Prospect
(ATP); and
· the area subject to the petroleum lease application includes the ATP's
area.
The provision provides for a petroleum lease application to be made,
provided the application satisfies the requirements established in the
clause.
The purpose of this clause is to provide transitional arrangements for
petroleum lease applications that were made, or will be made, after 31 May
2011 and have met as of that date, the milestones outlined in this provision.
While these projects will be able to proceed even where they have a
permanent impact on land, they will still be assessed and conditioned in
accordance with Chapter 3 and subject to the mitigation requirements in
Chapter 5 where they permanently impact SCL.
Existing mining lease and EP or MDL forming a contiguous
area
Clause 281 provides for future applications to expand existing mining lease
operations to be excluded from the permanent impact restriction in clause
93, where on or before 23 August 2010, the mining lease, exploration
permit and mineral development licence were held by the same person or
company and the exploration permit or mineral development licence
formed a contiguous area with the mining lease.
In addition, the mining lease application for the exploration permit or
mineral development licence must be made on or before 23 August 2012
for the project to be exempt from the permanent impact restriction in clause
93.
A mining lease application for an expansion project may be made for an
exploration permit, or the mineral development licence, or both before 23
August 2012.
The purpose of this clause is to provide transitional arrangements for
environmental authority or resource authority applications associated with
the expansion of existing mines under the Mineral Resources Act 1989 that
have met certain criteria and milestones in their assessment as at 31 May
2011 and will meet further requirements on or before 23 August 2012.
While these projects will be able to proceed even where they have a
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permanent impact on land, they will still be assessed and conditioned in
accordance with Chapter 3 and subject to the mitigation requirements in
Chapter 5 where they permanently impact SCL.
Future mining lease relating to EPC 891
Clause 282 provides that the environmental authority application and
related resource application for a mining lease relating to EPC 891, known
as the Springsure Creek Coal Project, is excluded from the permanent
impact restriction in clause 93. However, the exclusion only applies to
resource activities that are addressed in the EIS resulting from the finalised
EIS terms of reference for the project published on 2 June 2011.
Division 4 Provision for future environmental
authority or mining lease relating to
EPC 891
SCL protection conditions imposed
Clause 283 provides that the environmental authority or mining lease
granted for the Springsure Creek Coal Project will be subject to the lease
condition that no open cut mining can be carried out under the lease. The
project will also be conditioned to use all reasonable endeavours to
rehabilitate all of the impacts on the land from the resource activities
carried out under the lease.
The conditions are SCL protection conditions imposed on any
environmental and resource authority issued for the project. This clause
does not limit or otherwise affect the powers of the chief executive, under
Chapter 3, to impose other SCL protection conditions on the authorities.
Any other conditions imposed on the project must not conflict or be
inconsistent with the conditions outlined in this provision.
This clause provides more stringent transitional arrangements for the
Springsure Creek Coal Project application than the arrangements provided
for under Division 3 of this Chapter. The more rigorous conditions ensure
that the purposes of this Act are met while recognising the special
circumstances of this project.
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Part 4 Miscellaneous provisions
Effect of regulation amendment
Clause 284 provides that the power of the Governor in Council's power to
amend or repeal the Sustainable Planning Regulation 2009 is not affected
by the application of this Act.
Provision for prescribing major renewable energy projects as
development in exceptional circumstances
Clause 285 provides for major renewable energy projects to become a class
of exceptional development upon commencement of the Act, as if they had
complied with the requirements of Chapter 4, Part 1.
Chapter 10 Amendment of legislation
Part 1 Amendment of Environmental
Protection Act 1994
Act amended
Clause 286 provides that this part amends the Environmental Protection
Act 1994.
Amendment of s 146 (Purpose of chapter 5)
Clause 287 inserts after section 146, subsection (2) of the Environmental
Protection Act 1994, a note to inform on the restrictions on the issuing of
environmental authorities for SCL or potential SCL under this Act.
Amendment of s 309A (What this chapter is about)
Clause 288 amends the Environmental Protection Act 1994 by inserting
after section 309A, subsection (3) a note about the restrictions on issuing
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environmental authorities for developments on SCL or potential SCL under
this Act.
Part 2 Amendment of Sustainable
Planning Regulation 2009
Regulation amended
Clause 289 provides that this part amends the Sustainable Planning
Regulation 2009.
Amendment of schedule 7 (Referral agencies and their
jurisdictions)
Clause 290 inserts table 3 into Schedule 7 of the Sustainable Planning
Regulation, to add referral jurisdictions for development applications that
may have impacts on SCL or potential SCL. The amendment establishes a
concurrence agency role for the chief executive to decide material change
of use and reconfiguration of a lot applications, where the application is
over a lot that has SCL or potential SCL. The amendment also establishes
concurrence agency roles for the Minister and the Coordinator-General to
determine whether a project demonstrates exceptional circumstances.
Insertion of new schedule 13A
Clause 291 inserts a new schedule 13A for excluded matters for SCL or
potential SCL concurrence agency jurisdiction.
The excluded matters include types of development and areas for which the
referral of applications under the amended Schedule 7, table 3 concurrence
agency jurisdiction is not required. The new Schedule provides for
development types and prescribed development footprint areas for which
an SCL assessment is not required.
Amendment of schedule 26 (Dictionary)
Clause 292 amends the dictionary of the Sustainable Planning Regulation
2009 by inserting new definitions.
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Schedule 1 Zonal criteria for original zones
Schedule 1 provides the definitions and thresholds for each of the eight
zonal criteria. The Schedule relates to clause 27.
Part 1 Preliminary
Division 1 Application
What schedule 1 is about
Clause 1 identifies that the schedule provides for the zonal criteria for land
in the five original zones. To make an application for SCL validation,
sections 43, 48 and 51 require that the criteria must be addressed, in the
way provided for under the criteria guidelines prescribed in the regulation.
The Minister may create a new zone and provide zonal criteria for that zone
under a regulation in accordance with clause 35 - Power to amend by
regulation.
References to land or soil are to sites
Clause 2 clarifies that a reference to land or soil in this schedule is not a
reference to all of the land that is the subject of the application. A reference
to land or soil is a reference to the land or soil that is being assessed at each
site against the zonal criteria.
Division 2 Publication definitions
Application of division 2
Clause 3 defines the publications referred to in this schedule.
This clause also clarifies that for the purpose of this schedule, defined
publications can be updated to prescribe subsequent or revised editions of
the identified publications by means of regulation. The effect of this is that
a defined publication in the regulation would then supersede those defined
in this clause.
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Defined publications
Clause 4 specifies the defined publications which are referred to in some
zonal criteria definitions.
Division 3 Drainage
Favourable drainage
Clause 5 defines favourable drainage.
Satisfactory drainage
Clause 6 defines satisfactory drainage.
Waterlogged layer
Clause 7(1) defines a waterlogged layer.
Clause 7(3) provides a detailed description of each of the specific soil
colours and colour compositions that define a waterlogged layer.
Division 4 Rockiness
Rockiness
Clause 8 defines rockiness based on the density of rock fragments and rock
outcrops on the surface.
Bedrock
Clause 9 defines bedrock which is a component of several criteria.
Weathered rock
Clause 10 defines weathered rock which is a component of several criteria.
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Division 5 Other definitions
Chloride content
Clause 11 defines chloride content with respect to soil, in accordance with
a defined publication.
Electrical conductivity
Clause 12 defines electrical conductivity as a measure of soil salinity, in
accordance with a defined publication.
Gilgai microrelief
Clause 13 defines gilgai microrelief in accordance with a defined
publication.
Soil pH
Clause 14 defines soil pH as a measure of soil acidity or alkalinity in
accordance with a defined publication. It allows pH to be measured using
an appropriate field or laboratory test.
Rigid soils and non-rigid soils
Clause 15 defines rigid soils and non-rigid soils.
Slope
Clause 16 defines slope and the minimum length over which it must be
measured.
Soil depth
Clause 17 defines soil depth as a measurement of the soils depth from the
surface down to a physical root barrier.
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Soil physico-chemical limitation
Clause 18 defines soil physico-chemical limitation. The soil
physico-chemical limitation to root growth comprises specific factors
based on chloride content, electrical conductivity, pH and soil sodicity. For
the purpose of clarification, the requirements of (1)(a), (b) and (c) apply to
non-rigid soils, whereas (1)(a), (b), (c) and (d) apply to rigid soils.
Soil water storage
Clause 19 defines soil water storage which is a measure of the amount of
water contained within the soil profile which can be accessed by plant
roots. Clause 19(2)(a) sets out the two acceptable measures for determining
soil water storage.
Surface
Clause 20 defines surface when used throughout schedule 1 as referring to
the ground surface of land.
Part 2 Criteria
Division 1 Western cropping zone
Division 1 lists the SCL zonal criteria applicable to the Western cropping
zone (refer ss 27, 60, 66 & 68 of the Act).
Division 2 Eastern Darling Downs zone
Division 2 lists the SCL zonal criteria applicable to the Eastern Darling
Downs zone (refer ss 27, 60, 66 & 68 of the Act).
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Division 3 Coastal Queensland zone
Division 3 lists the SCL zonal criteria applicable to the Coastal Queensland
zone (refer ss 27, 60, 66 & 68 of the Act).
Division 4 Wet Tropics zone
Division 4 lists the SCL zonal criteria applicable to the Wet Tropics zone
(refer ss 27, 60, 66 & 68 of the Act).
Division 5 Granite Belt zone
Division 5 lists the SCL zonal criteria applicable to the Granite Belt zone
(refer ss 27, 60, 66 & 68 of the Act).
Schedule 2 Dictionary
Schedule 2 defines terms used in the Act.
© State of Queensland 2011
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