Queensland Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
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
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback