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Strategic Cropping Land Bill 2011
Strategic Cropping Land Bill 2011
Explanatory Notes for amendments to be
moved during consideration in detail by the
Honourable Rachel Nolan MP
Title of the Bill
Strategic Cropping Land Bill 2011
Objectives of the amendments
The proposed amendments to the Bill are minor in nature but are required
to provide clarity for certain provisions. In all cases the proposed
amendments provide a benefit to stakeholders and do not create additional
impositions or obligations.
The Bill proposed the establishment of a standard conditions code for
resource developments. The power to make the code was provided in
clause 81, while the framework for the application and use of the code was
omitted due to a drafting oversight. The amendments provide this
framework in addition to correcting a number of clerical errors and points
of clarification.
Achievement of policy objectives
The objectives are achieved by way of amendments to the Bill.
Alternative ways of achieving policy objectives
There is no way of achieving the policy objectives other than to amend the
Bill.
The clerical errors can be corrected in accordance with the Reprints Act
1992, during the first reprint once the Bill is enacted.
Estimated cost for government implementation
There is no cost associated with these amendments.
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Strategic Cropping Land Bill 2011
Consistency with fundamental legislative principles
The amendments are consistent with fundamental legislative principles.
Consultation
The amendments to the Bill were identified as a result of the Parliamentary
Committee process. The Bill was referred to the Environment, Agriculture,
Resources and Energy Committee on 25 October 2011.
The Committee invited public submissions on the Bill, which closed on 4
November 2011 and held a public hearing with 15 stakeholder
representatives on 10 November 2011. Fifty-five public submissions were
received.
During the Committee process, the Department of Environment and
Resource Management also met with key stakeholders to discuss specific
issues raised in their submissions. A number of clarifying amendments
were suggested as a result of this process.
A number of other amendments were also identified as necessary in order
to provide clarification of a number of provisions of the Bill. The
framework for the application of the standard conditions code under clause
81 of the Bill, was consulted on during drafting, but omitted in error from
the final Bill tabled on 25 October. Several amendments of a clerical nature
were also identified by the Office of the Queensland Parliamentary
Counsel.
The Department of Local Government and Planning was consulted in
relation to the Sustainable Planning Act 2009 and Sustainable Planning
Regulation 2009 amendments. The Department of the Premier and Cabinet
and the Office of the Queensland Parliamentary Counsel have no issues
with the amendments.
Notes on provisions
Amendment 1
Amendment 1 amends clause 6 to correct a clerical error with the
numbering of the provision.
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Strategic Cropping Land Bill 2011
Amendment 2
Amendment 2 amends clause 41 to clarify who is an eligible person for
submitting an application to identify strategic cropping land.
Amendment 3
Amendment 3 amends clause 55 to correct a clerical error cross-referencing
a relevant provision of the Bill.
Amendment 4
Amendment 4 inserts a new provision enabling the regulation to make a
concurrence agency fee for development assessment applications that fall
within the strategic cropping land jurisdiction.
Amendment 5
Amendment 5 inserts a new Part 5 to Chapter 3, to provide a framework for
the application and use of any standard conditions code established under
clause 81.
Resource development proponents that propose to operate under the
standard conditions code must apply to the chief executive for a
compliance certificate before the required environmental authority can be
issued under the Environmental Protection Act 1994. The applicant must
meet the requirements under the proposed clause 112D when applying for
a compliance certificate. This is to satisfy the chief executive that the
resource activities will in fact comply with the code.
The conditions identified in the code will be taken as conditions on either
the environmental authority or the resource authority as identified by the
code.
Amendment 6
Amendment 6 amends clause 143 to correct a typographical drafting error.
Amendment 7
Amendment 7 amends clause 192 to correct a typographical drafting error.
Amendment 8
Amendment 8 amends clause 249 to correct a clerical error in the provision.
Amendment 9
Amendment 9 amends clause 281 to clarify the transitional arrangements
for expansion projects of existing mining leases.
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Strategic Cropping Land Bill 2011
The amendment clarification will ensure that expansion projects under a
joint venture or partnership agreement, which was in existence on 23
August 2010, are eligible for the transitional arrangements. This
requirement is particularly necessary where the mining lease and mineral
development licence or exploration permit were held by different
companies in the partnership or joint venture, as at 23 August 2010. That
same joint venture or partnership--or joint venture or partnership
arrangements--must continue to be in existence as at 23 August 2012.
The amended provision also recognise subsidiaries of a parent company
which held the mining lease, mineral development licence or exploration
permit on 23 August 2010, but came into existence after that date. These
provisions will account for circumstances where the parent company that
held the applicable mining tenure undergoes a corporate restructure and a
subsidiary obtains the mining tenure as a result.
Amendment 10
Amendment 10 amends clause 291 to clarify that only feedlotting industries
are exempt from the strategic cropping land jurisdiction for Integrated
Development Assessment System applications relating to intensive animal
industries under a local government planning scheme.
Amendment 11
Amendment 11 amends clause 292 to correct a clerical drafting error. The
amendment clarifies that footprint for the concurrence agency jurisdiction
relates to an area rather than a ratio measure.
Amendment 12
Amendment 12 amends clause 292 to insert a definition for permanent
impact into the Sustainable Planning Regulation 2009. The amendment is
required for the purpose of the amendments in clause 290 of the Bill which
insert strategic cropping land referral agency jurisdictions into Schedule 7
of that Regulation.
Amendment 13
Amendment 13 amends Schedule 1 to correct a typographical drafting error.
Amendment 14
Amendment 14 amends Schedule 2 to correct a clerical error with the
numbering of the provision.
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Strategic Cropping Land Bill 2011
Amendment 15
Amendment 15 amends Schedule 2 to correct a clerical error
cross-referencing a relevant provision of the Bill.
Amendment 16
Amendment 16 amends Schedule 2 to clarify who is defined to be an
"owner" of land for land that is the subject of a resource authority.
Amendment 17
Amendment 17 inserts a definition into Schedule 2 for "SCL compliance
certificate" for the purposes of the standard conditions code amendments.
Amendment 18
Amendment 18 amends Schedule 2 to remove the definition of "tenure"
which is not referenced or required under the Bill.
© State of Queensland 2011
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