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STRATEGIC CROPPING LAND ACT 2011 NO. 47


TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY
           Part 1--Introduction

   1.      Short title
   2.      Commencement
           Part 2--Purposes and application of Act
   3.      Purposes of Act
   4.      How the purposes are achieved
   5.      Act binds all persons
   6.      Exclusions from this Act
   7.      Relationship with resource Acts and Environmental Protection Act
           Part 3--Interpretation
           Division 1--Dictionary
   8.      Dictionary
           Division 2--Key definitions
           Subdivision 1--Definitions about cropping land
   9.      Strategic cropping land, SCL and decided non-SCL
   10.     Potential SCL
   11.     SCL principles
   12.     Identified permanently impacted land
           Subdivision 2--Definitions about development
   13.     Development
   14.     When development has a permanent impact or temporary impact
   15.     When development is in exceptional circumstances
           Subdivision 3--Definitions about Acts and authorities under them
   16.     Planning Act, IDAS and development approval
   17.     Resource Act and resource activity
   18.     Resource authority
   19.     Environmental authority
   20.     Source authority
           Division 3--References in provisions
   21.     Functions
   22.     References for applications and applicants
   23.     References in decisions to the land
   24.     References to source authorities

           CHAPTER 2--IDENTIFYING STRATEGIC CROPPING LAND
           Part 1--Maps, zones, criteria and areas
           Division 1--Definitions

   25.     Trigger map
   26.     Zone map and zone
   27.     Zonal criteria and zonal criteria-compliant land
   28.     Protection area map and protection area
   29.     Management area
   30.     Map generally
           Division 2--Map amendments
           Subdivision 1--Preliminary
   31.     What is a zonal amendment and a protection area amendment
   32.     When a map amendment is minor
           Subdivision 2--Amendments by chief executive
   33.     Minor amendments
   34.     Trigger map amendments
           Subdivision 3--Zonal and protection area amendments
   35.     Power to amend by regulation
   36.      Ministerial notice of proposed amendment
   37.     Ministerial decision on whether to amend
           Division 3--Access to maps
   38.     Record-keeping obligations for maps
   39.     Public access to maps and draft amendments
           Part 2--Deciding what is strategic cropping land
           Division 1--Application stage
           Subdivision 1--General provisions for making application
   40.     Who may apply
   41.     Who is an eligible person
   42.     General application requirements
           Subdivision 2--Applications relating to a protection area
   43.     Additional requirement for assessment against zonal criteria
           Subdivision 3--Applications relating to the management area
   44.     Additional requirements
   45.     Application must be property-based
   46.     What is a property
   47.     References to the property in this part for application
   48.     Additional application requirements
   49.     When a property has the required cropping history
   50.     Things that are not crops for required cropping history
           Subdivision 4--Other provisions
   51.     Methodology for criteria assessment must comply with any prescribed guidelines
   52.     Public access to application
           Division 2--Notice and submission stage
   53.     Application of div 2
   54.     Notice to owners
   55.     Public notice of application
   56.     Acceptance of submissions
   57.     Amending application
           Division 3--Decision stage
           Subdivision 1--Preliminary
   58.     Application of div 3
           Subdivision 2--What has to be decided for a protection area
   59.     Application of sdiv 2
   60.     Criteria decision
   61.     Validation decision if any of the land is zonal criteria compliant
   62.     What is the minimum size
   63.     Validation decision otherwise
           Subdivision 3--What has to be decided for the management area
   64.     Application of sdiv 3
   65.     Decision if application only addresses required cropping history
   66.     Decision if application only addresses zonal criteria
   67.     Both matters addressed—threshold cropping history decision
   68.     Both matters addressed—deciding application if cropping history decided
           Subdivision 4--Making validation decision
   69.     Criteria for decision
   70.     Decision period
   71.     Notice and taking effect of decision
   72.     Effect of validation decision
           Division 4--Appeals against validation decisions
   73.     Appeal to Planning and Environment Court
           Part 3--Land registry records for particular validation decisions
   74.     Record required for SCL and decided non-SCL
   75.     Correcting, updating or removing registry record (SCL)

           CHAPTER 3--DEVELOPMENT ON STRATEGIC CROPPING LAND OR POTENTIAL STRATEGIC CROPPING LAND
           Part 1--When development is permitted

   76.     Development with a permanent impact
   77.     Development with a temporary impact
   78.     Exemptions
   79.     Emergency activity defence
           Part 2--State planning policy and codes
           Division 1--Policy and codes for IDAS
   80.     State planning policy for SCL
           Division 2--Standard conditions code for resource activities
   81.     Standard conditions code
           Part 3--Development approvals
           Division 1--Preliminary
   82.     Application of pt 3
           Division 2--Requirements for development applications
   83.     Operation of div 2
   84.     Requirement that land be, or elected to be treated as, SCL
   85.     Location requirements
   86.     Development in exceptional circumstances
   87.     Report
   88.     Prescribed matters
           Division 3--Miscellaneous provisions
   89.     Development must comply with mitigation requirement
   90.     Power to prescribe particular concurrence agency application fees
           Part 4--Strategic cropping land protection assessment for environmental and resource authorities
           Division 1--Preliminary
   91.     Application and operation of pt 4
           Division 2--Restrictions on environmental authority being issued
   92.     Application of div 2
   93.     SCL protection decision required before environmental authority can be issued
   94.     Restriction on issuing authority for identified permanently impacted land in protection area
           Division 3--Applying for and obtaining SCL protection decision
           Subdivision 1--Assessment applications
   95.     Who may apply
   96.     General requirements
   97.     Additional requirements for making development application also apply
           Subdivision 2--Amending application
   98.     Amending application
           Subdivision 3--Deciding application
   99.     What must be decided
   100.    SCL protection conditions generally
   101.    Criteria for decision
   102.    Information notice about assessment decision
   103.    SCL protection conditions apply to issued authority
           Division 4--SCL protection conditions imposed under Act
   104.    Condition requiring compliance with mitigation requirement
   105.    Condition empowering financial assurance changes
   106.    Condition empowering replenishment of financial assurance
           Division 5--Other provisions about financial assurance
   107.    General provisions
   108.    New holder must comply with financial assurance condition
           Division 6--Appeals against decisions under part
   109.    Right of appeal to Land Court
   110.    Land Court mediation
   111.    Nature of appeal
   112.    Land Court's powers for appeal
   113.    Decision for appeal
           Part 5--Resource activities complying with standard conditions code
           Division 1--Preliminary
   114.    Application of pt 5
   115.    SCL compliance certificate required before environmental authority can be issued
           Division 2--Applying for SCL compliance certificate
   116.    Who may apply
   117.    Requirements for application
   118.    Giving of SCL compliance certificate
           Division 3--Application of standard conditions code
   119.    Standard conditions code applies to particular authority

           CHAPTER 4--EXCEPTIONAL CIRCUMSTANCES
           Part 1--Prescribed exceptional circumstances

   120.    Power to prescribe a type of development
   121.    Public notice of proposal and submissions
           Part 2--Decided exceptional circumstances
           Division 1--Application stage
   122.    Who may apply
   123.    Who must decide exceptional circumstances application
   124.    Requirements for application
   125.    What is a significant community benefit
   126.    Public access to application
           Division 2--Notice and submission stage
   127.    Application of div 2
   128.    Public notice of application
   129.    Acceptance of submissions
   130.    Amending application
           Division 3--Decision stage
   131.    Application of div 3
   132.    Chief executive's report if required decider is the Minister
   133.    Deciding application
   134.    Sole criterion for deciding no alternative site
   135.    Sole criterion for deciding significant community benefit
   136.    Notice and taking effect of decision
           Division 4--Appeals against exceptional circumstances decision
   137.    Appeal to Planning and Environment Court

           CHAPTER 5--MITIGATION
           Part 1--Preliminary

   138.    What is mitigation
   139.    What is the mitigation value of identified permanently impacted land
   140.    What are mitigation measures
   141.    What is a mitigation deed
   142.    What are the mitigation criteria
           Part 2--Mitigation for identified permanently impacted land
           Division 1--Mitigation requirement
   143.    Application of div 1
   144.    Prohibition on carrying out development without prior mitigation
           Division 2--Mitigation deeds
   145.    Deed requirements
   146.    Entry into mitigation deed by the chief executive
   147.    Mitigation deed binds holder's successors
           Part 3--Strategic cropping land mitigation fund
   148.    Establishment
   149.    Purpose and administration
   150.    Payments from fund
   151.    Reporting requirement for mitigation measures
           Part 4--Community advisory group
   152.    Establishment
   153.    Functions
   154.    Membership
           Part 5--Miscellaneous provisions
   155.    Record of and access to mitigation measures
   156.    Mitigation guidelines

           CHAPTER 6--POWER TO REQUIRE COMPLIANCE
           Part 1--Stop work notices

   157.    Power to give stop work notice
   158.    Requirements for giving stop work notice
   159.    Offence to contravene stop work notice
           Part 2--Restoration notices
           Division 1--General provisions
   160.    Power to give restoration notice
   161.    Requirements for giving restoration notice
   162.    Offence to contravene restoration notice
   163.    Land registry record of restoration notice
           Division 2--Transfers of land the subject of a restoration notice
   164.    Application of div 2
   165.    Transferee becomes a recipient as well
   166.    Chief executive may extend compliance period
           Division 3--Miscellaneous provision
   167.    Chief executive's power to amend restoration notice
           Part 3--General provisions about compliance notices
   168.    Meaning of compliance notice
   169.    Declaratory provisions
   170.    Other persons bound by compliance notice
   171.    Power to remedy compliance notice contravention
   172.    Effect on compliance notice of subsequent acquittal in relevant proceeding
           Part 4--Appeals against decision to give compliance notice
   173.    Appeal to Planning and Environment Court

           CHAPTER 7--INVESTIGATION AND ENFORCEMENT
           Part 1--General provisions about authorised persons
           Division 1--Appointment

   174.    Authorised persons
   175.    Functions of authorised persons
   176.    Appointment and qualifications
   177.    Appointment conditions and limit on powers
   178.    When office ends
   179.    Resignation
           Division 2--Identity cards
   180.    Issue of identity card
   181.    Production or display of identity card
   182.    Return of identity card
           Division 3--Miscellaneous provisions
   183.    References to exercise of powers
   184.    Reference to document includes reference to reproductions from electronic document
           Part 2--Entry of places by authorised persons
           Division 1--Power to enter
   185.    General power to enter places
   186.    Procedure for particular entries not by notice or consent or under a warrant
           Division 2--Entry by consent or after reasonable attempts to locate an occupier
           Subdivision 1--Preliminary
   187.    Application of div 2
           Subdivision 2--Provisions for entry by consent
   188.    Incidental entry to ask for access
   189.    Matters authorised person must tell occupier
   190.    Consent acknowledgement
   191.    Entry only by warrant or other authorisation if consent refused
           Subdivision 3--Entry after reasonable attempts to locate an occupier
   192.    Entry power and requirement
           Division 3--Entry under warrant
           Subdivision 1--Obtaining warrant
   193.    Application for warrant
   194.    Issue of warrant
   195.    Electronic application
   196.    Additional procedure if electronic application
   197.    Defect in relation to a warrant
           Subdivision 2--Entry procedure
   198.    Entry procedure
           Part 3--Other authorised persons' powers and related matters
           Division 1--General powers of authorised persons after entering places
   199.    Application of div 1
   200.    General powers
   201.    Power to require reasonable help
   202.    Offence to contravene help requirement
           Division 2--Powers after entry under stop work notice service power
   203.    Powers
           Division 3--Seizure by authorised persons and forfeiture
           Subdivision 1--Power to seize
   204.    Seizing evidence at a place that may be entered without consent or warrant
   205.    Seizing evidence at a place that may be entered only with consent or warrant
   206.    Seizing thing or sample taken for examination
   207.    Seizure of property subject to security
           Subdivision 2--Powers to support seizure
   208.    Power to secure seized thing
   209.    Offence to contravene other seizure requirement
   210.    Offence to interfere
           Subdivision 3--Safeguards for seized things
   211.    Receipt and information notice for seized thing
   212.    Access to seized thing
   213.    Return of seized thing
           Subdivision 4--Forfeiture
   214.    Forfeiture by chief executive decision
   215.    Information notice about forfeiture decision
           Subdivision 5--Dealing with property forfeited or transferred to State
   216.    When thing becomes property of the State
   217.    How property may be dealt with
           Division 4--Disposal orders
   218.    Disposal order
           Division 5--Other information-obtaining powers of authorised persons
   219.    Power to require name and address
   220.    Offence to contravene personal details requirement
   221.    Power to require production of documents
   222.    Offence to contravene document production requirement
   223.    Offence to contravene document certification requirement
   224.    Power to require information
   225.    Offence to contravene information requirement
           Part 4--Other provisions relating to authorised persons
           Division 1--Damage
   226.    Duty to avoid inconvenience and minimise damage
   227.    Notice of damage
           Division 2--Compensation
   228.    Compensation
           Division 3--Other offences relating to authorised persons
   229.    Giving authorised person false or misleading information
   230.    Obstructing authorised person
   231.    Impersonating authorised person
           Division 4--Miscellaneous provision
   232.    Evidential immunity for individuals complying with particular requirements
           Part 5--Appeals against decisions under chapter
   233.    Appeal to Magistrates Court

           CHAPTER 8--MISCELLANEOUS PROVISIONS
           Part 1--Science and Technical Implementation Committee

   234.    Establishment
   235.    Membership
   236.    Functions
   237.    Committee's business and operation
   238.    Confidentiality relating to committee's functions
           Part 2--General provisions about applications
   239.    Application of pt 2
   240.    Requirements for making application
   241.    Requisition to applicant
   242.    Consequence of failure to comply with application requisition
   243.    Particular criteria generally not exhaustive
   244.    Particular grounds for refusal generally not exhaustive
   245.    General power to impose conditions
   246.    Withdrawal of application
   247.    Power to refund application fee
           Part 3--The decision register
   248.    Register
   249.    Access to register
           Part 4--Executive officers
   250.    Executive officers must ensure corporation does not commit SCL offences
           Part 5--Evidentiary provisions
   251.    Application of pt 5
   252.    Authority
   253.    Signatures
   254.    Evidentiary certificates
   255.    Devices used by authorised person
   256.    Remotely sensed image reports
   257.    Notice of challenge required for matters about devices or remotely sensed image report
           Part 6--Offence proceedings
   258.    Division of offences against Act
   259.    Proceedings for indictable offences
   260.    Limitation on who may summarily hear indictable offence proceedings
   261.    Proceeding for summary offences
   262.    Alternative offences
   263.    Statement of complainant's knowledge
   264.    Conduct of representatives
           Part 7--General provisions for appeals
   265.    Application of pt 7
   266.    Appeal period
   267.    Appeal does not generally affect decision
   268.    Stays
           Part 8--Other provisions
   269.    When documents are served by post
   270.    References to right to enter
   271.    Guidelines
   272.    Appropriate fee for purchasing copies
   273.    No compensation because of Act
   274.    Delegation by Minister, Coordinator-General and chief executive
   275.    Protection of officials from liability
   276.    Review of Act
   277.    Approved forms
   278.    Regulation-making power

           CHAPTER 9--TRANSITIONAL PROVISIONS
           Part 1--Preliminary

   279.    Definitions for ch 9
           Part 2--Existing source authorities
   280.    Existing source authorities not affected
           Part 3--Environmental and resource authority applications
           Division 1--General provision
   281.    Act generally applies for all applications whenever made
           Division 2--Exclusion of all of Act for particular applications
   282.    Exclusion
   283.    EIS stage completed on or before 31 May 2011
   284.    Draft environmental authority on or before 31 May 2011
           Division 3--Exclusion of permanent impact restriction for particular applications
   285.    Exclusion
   286.    Applications made and finalised EIS TOR on or before 31 May 2011
   287.    Finalised EIS TOR on or before 31 May 2011 for petroleum lease application
   288.    Existing mining lease and EP or MDL forming a contiguous area
   289.    Future mining lease relating to EPC 891
           Division 4--Provision for future environmental authority or mining lease relating to EPC 891
   290.    SCL protection conditions imposed
           Part 4--Miscellaneous provisions
   291.    Effect of regulation amendment
   292.    Provision for prescribing major renewable energy projects as development in exceptional circumstances

           CHAPTER 10--AMENDMENT OF LEGISLATION
           Part 1--Amendment of Environmental Protection Act 1994

   293.    Act amended
   294.    Amendment of s 146 (Purpose of ch 5)
   295.    Amendment of s 309A (What this chapter is about)
           Part 2--Amendment of Sustainable Planning Regulation 2009
   296.    Regulation amended
   297.    Amendment of sch 7 (Referral agencies and their jurisdictions)
   298.    Insertion of new sch 13A
   299.    Amendment of sch 26 (Dictionary)
           SCHEDULE 1 -- ZONAL CRITERIA FOR ORIGINAL ZONES
           Part 1--Preliminary
           Division 1--Application
   1.      What sch 1 is about
   2.      References to land or soil are to sites
           Division 2--Publication definitions
   3.      Application of div 2
   4.      Defined publications
           Division 3--Drainage
   5.      Favourable drainage
   6.      Satisfactory drainage
   7.      Waterlogged layer
           Division 4--Rockiness
   8.      Rockiness
   9.      Bedrock
   10.     Weathered rock
           Division 5--Other definitions
   11.     Chloride content
   12.     Electrical conductivity
   13.     Gilgai microrelief
   14.     Soil pH
   15.     Rigid soils and non-rigid soils
   16.     Slope
   17.     Soil depth
   18.     Soil physico-chemical limitation
   19.     Soil water storage
   20.     Surface
           Part 2--Criteria
           Division 1--Western Cropping zone
           Division 2--Eastern Darling Downs zone
           Division 3--Coastal Queensland zone
           Division 4--Wet Tropics zone
           Division 5--Granite Belt zone
           SCHEDULE 2 -- DICTIONARY
           
           


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