{"id":"qld:act-2014-011","name":"Regional Planning Interests Act 2014","slug":"regional-planning-interests-act-2014","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"11 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29671,"registerId":"qld-act-2014-011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Regional Planning Interests Act 2014 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Purposes and application of Act","content":"## Purposes and application of Act","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes and achievement","content":"### sec.3 Purposes and achievement\n\nThe purposes of this Act are to—\nidentify areas of Queensland that are of regional interest because they contribute, or are likely to contribute, to Queensland’s economic, social and environmental prosperity; and\ngive effect to the policies about matters of State interest stated in regional plans; and\nmanage, including in ways identified in regional plans—\nthe impact of resource activities and other regulated activities on areas of regional interest; and\nthe coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.\nTo achieve its purposes, this Act provides for a transparent and accountable process for the impact of proposed resource activities and regulated activities on areas of regional interest to be assessed and managed.\n(sec.3-ssec.1) The purposes of this Act are to— identify areas of Queensland that are of regional interest because they contribute, or are likely to contribute, to Queensland’s economic, social and environmental prosperity; and give effect to the policies about matters of State interest stated in regional plans; and manage, including in ways identified in regional plans— the impact of resource activities and other regulated activities on areas of regional interest; and the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.\n(sec.3-ssec.2) To achieve its purposes, this Act provides for a transparent and accountable process for the impact of proposed resource activities and regulated activities on areas of regional interest to be assessed and managed.\n- (a) identify areas of Queensland that are of regional interest because they contribute, or are likely to contribute, to Queensland’s economic, social and environmental prosperity; and\n- (b) give effect to the policies about matters of State interest stated in regional plans; and\n- (c) manage, including in ways identified in regional plans— (i) the impact of resource activities and other regulated activities on areas of regional interest; and (ii) the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.\n- (i) the impact of resource activities and other regulated activities on areas of regional interest; and\n- (ii) the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.\n- (i) the impact of resource activities and other regulated activities on areas of regional interest; and\n- (ii) the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\n(sec.4-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Relationship with resource Acts and Environmental Protection Act","content":"### sec.5 Relationship with resource Acts and Environmental Protection Act\n\nThis Act applies despite any resource Act, the Environmental Protection Act , the Planning Act or the Water Act 2000 (each the other Act ).\nA restriction or requirement under this Act applies as well as any restriction or requirement under the other Act.\nSee also section 59 (Regional interests conditions paramount).\ns 5 amd 2016 No. 27 s 425\n(sec.5-ssec.1) This Act applies despite any resource Act, the Environmental Protection Act , the Planning Act or the Water Act 2000 (each the other Act ).\n(sec.5-ssec.2) A restriction or requirement under this Act applies as well as any restriction or requirement under the other Act. See also section 59 (Regional interests conditions paramount).","sortOrder":7},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Dictionary","content":"### sec.6 Dictionary\n\nThe dictionary in schedule 1 defines particular words used in this Act.\nFor the meanings of some words in particular contexts, see also section 18 .","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Area of regional interest","content":"### sec.7 Area of regional interest\n\nEach of the following is an area of regional interest —\na priority agricultural area;\na priority living area;\nthe strategic cropping area;\na strategic environmental area.\n- (a) a priority agricultural area;\n- (b) a priority living area;\n- (c) the strategic cropping area;\n- (d) a strategic environmental area.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Priority agricultural area","content":"### sec.8 Priority agricultural area\n\nA priority agricultural area is an area that—\nincludes 1 or more areas used for a priority agricultural land use, whether it also includes other areas or features, including, for example, a regionally significant water source; and\nis either—\nshown on a map in a regional plan as a priority agricultural area; or\nprescribed under a regulation.\nA priority agricultural land use is highly productive agriculture—\nof a type identified in a regional plan for an area of regional interest; or\nof a type prescribed under a regulation for an area of regional interest.\nA regionally significant water source is a water source prescribed under a regulation.\n(sec.8-ssec.1) A priority agricultural area is an area that— includes 1 or more areas used for a priority agricultural land use, whether it also includes other areas or features, including, for example, a regionally significant water source; and is either— shown on a map in a regional plan as a priority agricultural area; or prescribed under a regulation.\n(sec.8-ssec.2) A priority agricultural land use is highly productive agriculture— of a type identified in a regional plan for an area of regional interest; or of a type prescribed under a regulation for an area of regional interest.\n(sec.8-ssec.3) A regionally significant water source is a water source prescribed under a regulation.\n- (a) includes 1 or more areas used for a priority agricultural land use, whether it also includes other areas or features, including, for example, a regionally significant water source; and\n- (b) is either— (i) shown on a map in a regional plan as a priority agricultural area; or (ii) prescribed under a regulation.\n- (i) shown on a map in a regional plan as a priority agricultural area; or\n- (ii) prescribed under a regulation.\n- (i) shown on a map in a regional plan as a priority agricultural area; or\n- (ii) prescribed under a regulation.\n- (a) of a type identified in a regional plan for an area of regional interest; or\n- (b) of a type prescribed under a regulation for an area of regional interest.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Priority living area","content":"### sec.9 Priority living area\n\nA priority living area is an area—\nshown on a map in a regional plan as a priority living area; and\nthat includes the existing settled area of a city, town or other community and other areas necessary or desirable—\nfor the future growth of the existing settled area; and\nas a buffer between the existing or a future settled area and resource activities.\n- (a) shown on a map in a regional plan as a priority living area; and\n- (b) that includes the existing settled area of a city, town or other community and other areas necessary or desirable— (i) for the future growth of the existing settled area; and (ii) as a buffer between the existing or a future settled area and resource activities.\n- (i) for the future growth of the existing settled area; and\n- (ii) as a buffer between the existing or a future settled area and resource activities.\n- (i) for the future growth of the existing settled area; and\n- (ii) as a buffer between the existing or a future settled area and resource activities.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Strategic cropping area","content":"### sec.10 Strategic cropping area\n\nThe strategic cropping area consists of the areas shown on the SCL trigger map as strategic cropping land.\nIn this section—\nstrategic cropping land means land that is, or is likely to be, highly suitable for cropping because of a combination of the land’s soil, climate and landscape features.\n(sec.10-ssec.1) The strategic cropping area consists of the areas shown on the SCL trigger map as strategic cropping land.\n(sec.10-ssec.2) In this section— strategic cropping land means land that is, or is likely to be, highly suitable for cropping because of a combination of the land’s soil, climate and landscape features.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Strategic environmental area","content":"### sec.11 Strategic environmental area\n\nA strategic environmental area is an area that—\ncontains 1 or more environmental attributes for the area; and\nis either—\nshown on a map in a regional plan as a strategic environmental area; or\nprescribed under a regulation.\nthe Steve Irwin Wildlife Reserve on Cape York Peninsula\nthe channel country of western Queensland\nIn this section—\nenvironmental attribute , for an area, means an attribute of the environment identified as an environmental attribute for the area under a regional plan or regulation.\n(sec.11-ssec.1) A strategic environmental area is an area that— contains 1 or more environmental attributes for the area; and is either— shown on a map in a regional plan as a strategic environmental area; or prescribed under a regulation. the Steve Irwin Wildlife Reserve on Cape York Peninsula the channel country of western Queensland\n(sec.11-ssec.2) In this section— environmental attribute , for an area, means an attribute of the environment identified as an environmental attribute for the area under a regional plan or regulation.\n- (a) contains 1 or more environmental attributes for the area; and\n- (b) is either— (i) shown on a map in a regional plan as a strategic environmental area; or (ii) prescribed under a regulation. Examples of areas that may be shown or prescribed as strategic environmental areas— • the Steve Irwin Wildlife Reserve on Cape York Peninsula • the channel country of western Queensland\n- (i) shown on a map in a regional plan as a strategic environmental area; or\n- (ii) prescribed under a regulation.\n- • the Steve Irwin Wildlife Reserve on Cape York Peninsula\n- • the channel country of western Queensland\n- (i) shown on a map in a regional plan as a strategic environmental area; or\n- (ii) prescribed under a regulation.\n- • the Steve Irwin Wildlife Reserve on Cape York Peninsula\n- • the channel country of western Queensland","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Resource Act and resource activity","content":"### sec.12 Resource Act and resource activity\n\nA resource Act is any of the following—\nGeothermal Energy Act 2010 ;\nGreenhouse Gas Storage Act 2009 ;\nMineral Resources Act 1989 ;\nPetroleum Act 1923 ;\nPetroleum and Gas (Production and Safety) Act 2004 .\nA resource activity is—\nan activity for which a resource authority is required to lawfully carry out; or\nfor a provision about a resource authority or proposed resource authority—an authorised activity for the authority or proposed authority (if granted) under the relevant resource Act.\nIn this Act, a reference to a resource activity includes a reference to the carrying out of the activity.\nIn this section—\nrelevant resource Act means the resource Act under which the authority is granted, or the proposed authority will, if granted, be granted.\n(sec.12-ssec.1) A resource Act is any of the following— Geothermal Energy Act 2010 ; Greenhouse Gas Storage Act 2009 ; Mineral Resources Act 1989 ; Petroleum Act 1923 ; Petroleum and Gas (Production and Safety) Act 2004 .\n(sec.12-ssec.2) A resource activity is— an activity for which a resource authority is required to lawfully carry out; or for a provision about a resource authority or proposed resource authority—an authorised activity for the authority or proposed authority (if granted) under the relevant resource Act.\n(sec.12-ssec.3) In this Act, a reference to a resource activity includes a reference to the carrying out of the activity.\n(sec.12-ssec.4) In this section— relevant resource Act means the resource Act under which the authority is granted, or the proposed authority will, if granted, be granted.\n- (a) Geothermal Energy Act 2010 ;\n- (b) Greenhouse Gas Storage Act 2009 ;\n- (c) Mineral Resources Act 1989 ;\n- (d) Petroleum Act 1923 ;\n- (e) Petroleum and Gas (Production and Safety) Act 2004 .\n- (a) an activity for which a resource authority is required to lawfully carry out; or\n- (b) for a provision about a resource authority or proposed resource authority—an authorised activity for the authority or proposed authority (if granted) under the relevant resource Act.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Resource authority","content":"### sec.13 Resource authority\n\nA resource authority is any of the following—\na geothermal tenure under the Geothermal Energy Act 2010 ;\na GHG permit or GHG lease under the Greenhouse Gas Storage Act 2009 ;\neach of the following under the Mineral Resources Act 1989 —\na mining tenement other than a prospecting permit;\nan approval that grants rights over land;\na 1923 Act petroleum tenure under the Petroleum Act 1923 ;\nthe following petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004 —\nan authority to prospect;\na petroleum lease;\na pipeline licence;\na petroleum facility licence;\na licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982 ;\nan agreement or lease under or mentioned in any of the following Acts—\nAlcan Queensland Pty. Limited Agreement Act 1965 ;\nCentral Queensland Coal Associates Agreement Act 1968 ;\nCentral Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984 ;\nCentral Queensland Coal Associates Agreement (Amendment) Act 1986 ;\nCentral Queensland Coal Associates Agreement Amendment Act 1989 ;\nCommonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;\nMount Isa Mines Limited Agreement Act 1985 ;\nQueensland Nickel Agreement Act 1970 ;\nQueensland Nickel Agreement Act 1988 ;\nThiess Peabody Coal Pty. Ltd. Agreement Act 1962 ;\nThiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 .\n- (a) a geothermal tenure under the Geothermal Energy Act 2010 ;\n- (b) a GHG permit or GHG lease under the Greenhouse Gas Storage Act 2009 ;\n- (c) each of the following under the Mineral Resources Act 1989 — (i) a mining tenement other than a prospecting permit; (ii) an approval that grants rights over land;\n- (i) a mining tenement other than a prospecting permit;\n- (ii) an approval that grants rights over land;\n- (d) a 1923 Act petroleum tenure under the Petroleum Act 1923 ;\n- (e) the following petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004 — (i) an authority to prospect; (ii) a petroleum lease; (iii) a pipeline licence; (iv) a petroleum facility licence;\n- (i) an authority to prospect;\n- (ii) a petroleum lease;\n- (iii) a pipeline licence;\n- (iv) a petroleum facility licence;\n- (f) a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982 ;\n- (g) an agreement or lease under or mentioned in any of the following Acts— (i) Alcan Queensland Pty. Limited Agreement Act 1965 ; (ii) Central Queensland Coal Associates Agreement Act 1968 ; (iii) Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984 ; (iv) Central Queensland Coal Associates Agreement (Amendment) Act 1986 ; (v) Central Queensland Coal Associates Agreement Amendment Act 1989 ; (vi) Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ; (vii) Mount Isa Mines Limited Agreement Act 1985 ; (viii) Queensland Nickel Agreement Act 1970 ; (ix) Queensland Nickel Agreement Act 1988 ; (x) Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; (xi) Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 .\n- (i) Alcan Queensland Pty. Limited Agreement Act 1965 ;\n- (ii) Central Queensland Coal Associates Agreement Act 1968 ;\n- (iii) Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984 ;\n- (iv) Central Queensland Coal Associates Agreement (Amendment) Act 1986 ;\n- (v) Central Queensland Coal Associates Agreement Amendment Act 1989 ;\n- (vi) Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;\n- (vii) Mount Isa Mines Limited Agreement Act 1985 ;\n- (viii) Queensland Nickel Agreement Act 1970 ;\n- (ix) Queensland Nickel Agreement Act 1988 ;\n- (x) Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ;\n- (xi) Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 .\n- (i) a mining tenement other than a prospecting permit;\n- (ii) an approval that grants rights over land;\n- (i) an authority to prospect;\n- (ii) a petroleum lease;\n- (iii) a pipeline licence;\n- (iv) a petroleum facility licence;\n- (i) Alcan Queensland Pty. Limited Agreement Act 1965 ;\n- (ii) Central Queensland Coal Associates Agreement Act 1968 ;\n- (iii) Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984 ;\n- (iv) Central Queensland Coal Associates Agreement (Amendment) Act 1986 ;\n- (v) Central Queensland Coal Associates Agreement Amendment Act 1989 ;\n- (vi) Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;\n- (vii) Mount Isa Mines Limited Agreement Act 1985 ;\n- (viii) Queensland Nickel Agreement Act 1970 ;\n- (ix) Queensland Nickel Agreement Act 1988 ;\n- (x) Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ;\n- (xi) Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 .","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Environmental authority","content":"### sec.14 Environmental authority\n\nAn environmental authority is an environmental authority as defined under the Environmental Protection Act , schedule 4 .","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Authority holder","content":"### sec.15 Authority holder\n\nAn authority holder , for a provision about a resource activity, is the person who holds a resource authority or an environmental authority for the resource activity.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Regional interests development approval","content":"### sec.16 Regional interests development approval\n\nA regional interests development approval is an approval issued under section 53 that approves the carrying out of a resource activity or regulated activity in an area of regional interest following an assessment of the extent of the expected impact of the activity on the area.\nA regional interests development approval includes any regional interest conditions of the approval.\n(sec.16-ssec.1) A regional interests development approval is an approval issued under section 53 that approves the carrying out of a resource activity or regulated activity in an area of regional interest following an assessment of the extent of the expected impact of the activity on the area.\n(sec.16-ssec.2) A regional interests development approval includes any regional interest conditions of the approval.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Regulated activity","content":"### sec.17 Regulated activity\n\nA regulated activity , for an area of regional interest, is an activity—\nlikely to have a widespread and irreversible impact on the area of regional interest; and\nprescribed under a regulation for the area.\nIn this Act, a reference to a regulated activity includes a reference to the carrying out of the activity.\n(sec.17-ssec.1) A regulated activity , for an area of regional interest, is an activity— likely to have a widespread and irreversible impact on the area of regional interest; and prescribed under a regulation for the area.\n(sec.17-ssec.2) In this Act, a reference to a regulated activity includes a reference to the carrying out of the activity.\n- (a) likely to have a widespread and irreversible impact on the area of regional interest; and\n- (b) prescribed under a regulation for the area.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"References in provisions","content":"### sec.18 References in provisions\n\nThis section applies for any provision of this Act.\nA reference to an application for a resource authority includes a reference to an application for any of the following for an existing resource authority—\nan amendment;\na renewal;\na re-grant.\nA reference to an application for an environmental authority includes a reference to an application for a major amendment to the environmental authority.\nFor a provision about an assessment application—\na reference to the applicant, or to a person who may make an application, includes a reference to the following—\nthe person who has made or may make the application;\nanyone else in whom the benefit of the application vests from time to time; and\na reference to the land is a reference to the land the subject of the application; and\nif the application is about a resource activity or regulated activity—a reference to the activity is a reference to the activity the subject of the application; and\na reference to the regional interests development approval is a reference to the approval issued, or that may be issued, as a result of the application.\nFor a provision about a decision, a reference to the land is a reference to the land the subject of the decision.\nFor a provision about a regional interests development approval, resource authority or environmental authority, a reference to the land is a reference to the land the subject of the approval or authority, or to which it attaches.\nIn a provision about a resource activity or a regulated activity in an area of regional interest, or having an impact on an area of regional interest, a reference to an area of regional interest is, for the strategic cropping area, a reference to an area that is in the strategic cropping area.\nIn this section—\nmajor amendment , for an application to amend an environmental authority, means the amendment proposed in the application if—\nan assessment level decision for the application has been made under the Environmental Protection Act , section 228 ; and\nthe decision is that the proposed amendment is a major amendment under that Act.\n(sec.18-ssec.1) This section applies for any provision of this Act.\n(sec.18-ssec.2) A reference to an application for a resource authority includes a reference to an application for any of the following for an existing resource authority— an amendment; a renewal; a re-grant.\n(sec.18-ssec.3) A reference to an application for an environmental authority includes a reference to an application for a major amendment to the environmental authority.\n(sec.18-ssec.4) For a provision about an assessment application— a reference to the applicant, or to a person who may make an application, includes a reference to the following— the person who has made or may make the application; anyone else in whom the benefit of the application vests from time to time; and a reference to the land is a reference to the land the subject of the application; and if the application is about a resource activity or regulated activity—a reference to the activity is a reference to the activity the subject of the application; and a reference to the regional interests development approval is a reference to the approval issued, or that may be issued, as a result of the application.\n(sec.18-ssec.5) For a provision about a decision, a reference to the land is a reference to the land the subject of the decision.\n(sec.18-ssec.6) For a provision about a regional interests development approval, resource authority or environmental authority, a reference to the land is a reference to the land the subject of the approval or authority, or to which it attaches.\n(sec.18-ssec.7) In a provision about a resource activity or a regulated activity in an area of regional interest, or having an impact on an area of regional interest, a reference to an area of regional interest is, for the strategic cropping area, a reference to an area that is in the strategic cropping area.\n(sec.18-ssec.8) In this section— major amendment , for an application to amend an environmental authority, means the amendment proposed in the application if— an assessment level decision for the application has been made under the Environmental Protection Act , section 228 ; and the decision is that the proposed amendment is a major amendment under that Act.\n- (a) an amendment;\n- (b) a renewal;\n- (c) a re-grant.\n- (a) a reference to the applicant, or to a person who may make an application, includes a reference to the following— (i) the person who has made or may make the application; (ii) anyone else in whom the benefit of the application vests from time to time; and\n- (i) the person who has made or may make the application;\n- (ii) anyone else in whom the benefit of the application vests from time to time; and\n- (b) a reference to the land is a reference to the land the subject of the application; and\n- (c) if the application is about a resource activity or regulated activity—a reference to the activity is a reference to the activity the subject of the application; and\n- (d) a reference to the regional interests development approval is a reference to the approval issued, or that may be issued, as a result of the application.\n- (i) the person who has made or may make the application;\n- (ii) anyone else in whom the benefit of the application vests from time to time; and\n- (a) an assessment level decision for the application has been made under the Environmental Protection Act , section 228 ; and\n- (b) the decision is that the proposed amendment is a major amendment under that Act.","sortOrder":21},{"sectionNumber":"pt.2","sectionType":"part","heading":"Restrictions on resource and regulated activities in areas of regional interest","content":"# Restrictions on resource and regulated activities in areas of regional interest","sortOrder":22},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Restrictions","content":"## Restrictions","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Restrictions on carrying out resource activity or regulated activity","content":"### sec.19 Restrictions on carrying out resource activity or regulated activity\n\nA person must not wilfully carry out, or allow the carrying out of, a resource activity or regulated activity in an area of regional interest unless the person holds, or is acting under, a regional interests development approval for the activity.\nMaximum penalty—6,250 penalty units or 5 years imprisonment.\nA person must not carry out, or allow the carrying out of, a resource activity or regulated activity in an area of regional interest unless the person holds, or is acting under, a regional interests development approval for the activity.\nMaximum penalty—4,500 penalty units.\nSubsection (2) is an alternative offence for subsection (1) .\nFor the effect of subsection (3) , see section 84 .\nThis section does not apply to a resource activity that is an exempt resource activity or exempt regulated activity for the area of regional interest.\n(sec.19-ssec.1) A person must not wilfully carry out, or allow the carrying out of, a resource activity or regulated activity in an area of regional interest unless the person holds, or is acting under, a regional interests development approval for the activity. Maximum penalty—6,250 penalty units or 5 years imprisonment.\n(sec.19-ssec.2) A person must not carry out, or allow the carrying out of, a resource activity or regulated activity in an area of regional interest unless the person holds, or is acting under, a regional interests development approval for the activity. Maximum penalty—4,500 penalty units.\n(sec.19-ssec.3) Subsection (2) is an alternative offence for subsection (1) . For the effect of subsection (3) , see section 84 .\n(sec.19-ssec.4) This section does not apply to a resource activity that is an exempt resource activity or exempt regulated activity for the area of regional interest.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Failure to comply with conditions","content":"### sec.20 Failure to comply with conditions\n\nThis section applies to a person who is the holder of, or is acting under, a regional interests development approval.\nThe person must not wilfully contravene a condition of the approval.\nMaximum penalty—6,250 penalty units or 5 years imprisonment.\nThe person must not contravene a condition of the approval.\nMaximum penalty—4,500 penalty units.\nSubsection (3) is an alternative offence for subsection (2) .\nFor the effect of subsection (4) , see section 84 .\n(sec.20-ssec.1) This section applies to a person who is the holder of, or is acting under, a regional interests development approval.\n(sec.20-ssec.2) The person must not wilfully contravene a condition of the approval. Maximum penalty—6,250 penalty units or 5 years imprisonment.\n(sec.20-ssec.3) The person must not contravene a condition of the approval. Maximum penalty—4,500 penalty units.\n(sec.20-ssec.4) Subsection (3) is an alternative offence for subsection (2) . For the effect of subsection (4) , see section 84 .","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Emergency activity defence","content":"### sec.21 Emergency activity defence\n\nIt is a defence to a proceeding for an offence against this part for the defendant to prove—\nthe carrying out of the resource activity or regulated activity was because of an emergency endangering—\nthe life or health of a person; or\nthe structural safety of a building or structure or the safety of infrastructure; and\nthe defendant gave the department notice of the activity as soon as practicable after starting it; and\nthe defendant took all reasonable steps—\nto ensure the impact of the activity on the regional priority area is restorable; or\nif the impact is not restorable—to limit the impact.\n- (a) the carrying out of the resource activity or regulated activity was because of an emergency endangering— (i) the life or health of a person; or (ii) the structural safety of a building or structure or the safety of infrastructure; and\n- (i) the life or health of a person; or\n- (ii) the structural safety of a building or structure or the safety of infrastructure; and\n- (b) the defendant gave the department notice of the activity as soon as practicable after starting it; and\n- (c) the defendant took all reasonable steps— (i) to ensure the impact of the activity on the regional priority area is restorable; or (ii) if the impact is not restorable—to limit the impact.\n- (i) to ensure the impact of the activity on the regional priority area is restorable; or\n- (ii) if the impact is not restorable—to limit the impact.\n- (i) the life or health of a person; or\n- (ii) the structural safety of a building or structure or the safety of infrastructure; and\n- (i) to ensure the impact of the activity on the regional priority area is restorable; or\n- (ii) if the impact is not restorable—to limit the impact.","sortOrder":26},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Exempt resource activities","content":"## Exempt resource activities","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Exemption—agreement of land owner","content":"### sec.22 Exemption—agreement of land owner\n\nThis section applies if the authority holder for a resource activity is not the owner of the land (the land owner ).\nThe resource activity is an exempt resource activity for a priority agricultural area or area that is in the strategic cropping area if—\neither—\nif a conduct and compensation agreement requirement applies to the authority holder under a resource Act—\nthe land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and\nthe authority holder has complied with the requirement; or\nthe land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and\nthe activity is not likely to have a significant impact on the priority agricultural area or area that is in the strategic cropping area; and\nthe activity is not likely to have an impact on land owned by a person other than the land owner.\nFor subsection (2) (c) , a resource activity has an impact on land if the activity has an impact on—\nfor land in a priority agricultural area—the suitability of the land to be used for a priority agricultural land use for the area; or\nfor land in an area that is in the strategic cropping area—the land’s soil, climate and landscape features that make that area highly suitable, or likely to be highly suitable, for cropping.\n(sec.22-ssec.1) This section applies if the authority holder for a resource activity is not the owner of the land (the land owner ).\n(sec.22-ssec.2) The resource activity is an exempt resource activity for a priority agricultural area or area that is in the strategic cropping area if— either— if a conduct and compensation agreement requirement applies to the authority holder under a resource Act— the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and the authority holder has complied with the requirement; or the land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and the activity is not likely to have a significant impact on the priority agricultural area or area that is in the strategic cropping area; and the activity is not likely to have an impact on land owned by a person other than the land owner.\n(sec.22-ssec.3) For subsection (2) (c) , a resource activity has an impact on land if the activity has an impact on— for land in a priority agricultural area—the suitability of the land to be used for a priority agricultural land use for the area; or for land in an area that is in the strategic cropping area—the land’s soil, climate and landscape features that make that area highly suitable, or likely to be highly suitable, for cropping.\n- (a) either— (i) if a conduct and compensation agreement requirement applies to the authority holder under a resource Act— (A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and (B) the authority holder has complied with the requirement; or (ii) the land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and\n- (i) if a conduct and compensation agreement requirement applies to the authority holder under a resource Act— (A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and (B) the authority holder has complied with the requirement; or\n- (A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and\n- (B) the authority holder has complied with the requirement; or\n- (ii) the land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and\n- (b) the activity is not likely to have a significant impact on the priority agricultural area or area that is in the strategic cropping area; and\n- (c) the activity is not likely to have an impact on land owned by a person other than the land owner.\n- (i) if a conduct and compensation agreement requirement applies to the authority holder under a resource Act— (A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and (B) the authority holder has complied with the requirement; or\n- (A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and\n- (B) the authority holder has complied with the requirement; or\n- (ii) the land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and\n- (A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and\n- (B) the authority holder has complied with the requirement; or\n- (a) for land in a priority agricultural area—the suitability of the land to be used for a priority agricultural land use for the area; or\n- (b) for land in an area that is in the strategic cropping area—the land’s soil, climate and landscape features that make that area highly suitable, or likely to be highly suitable, for cropping.","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Exemption—activity carried out for less than 1 year","content":"### sec.23 Exemption—activity carried out for less than 1 year\n\nA resource activity is an exempt resource activity for a priority agricultural area or area in the strategic cropping area if the activity is being carried out—\non a property in the area; and\nwithin the period of 1 year starting on the day the first activity under the resource authority started to be carried out on the property.\n- (a) on a property in the area; and\n- (b) within the period of 1 year starting on the day the first activity under the resource authority started to be carried out on the property.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Exemption—pre-existing resource activity","content":"### sec.24 Exemption—pre-existing resource activity\n\nThis section applies if, immediately before land becomes land in an area of regional interest, including on commencement of this section, a resource activity may be carried out lawfully on the land.\nThe resource activity is an exempt resource activity for the area of regional interest.\nFor subsection (1) , a resource activity may be carried out lawfully on land if—\nthe activity may be carried out lawfully on the land—\nunder a resource authority or an environmental authority; and\nwithout the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and\ninformation provided in, with or in support of the application for the resource or environmental authority (or an amendment of the application) identified the location, nature and extent of the expected surface impacts of the activity.\n(sec.24-ssec.1) This section applies if, immediately before land becomes land in an area of regional interest, including on commencement of this section, a resource activity may be carried out lawfully on the land.\n(sec.24-ssec.2) The resource activity is an exempt resource activity for the area of regional interest.\n(sec.24-ssec.3) For subsection (1) , a resource activity may be carried out lawfully on land if— the activity may be carried out lawfully on the land— under a resource authority or an environmental authority; and without the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and information provided in, with or in support of the application for the resource or environmental authority (or an amendment of the application) identified the location, nature and extent of the expected surface impacts of the activity.\n- (a) the activity may be carried out lawfully on the land— (i) under a resource authority or an environmental authority; and (ii) without the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and\n- (i) under a resource authority or an environmental authority; and\n- (ii) without the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and\n- (b) information provided in, with or in support of the application for the resource or environmental authority (or an amendment of the application) identified the location, nature and extent of the expected surface impacts of the activity.\n- (i) under a resource authority or an environmental authority; and\n- (ii) without the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and","sortOrder":30},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Exemption—wild river area under the repealed Wild Rivers Act 2005","content":"### sec.24A Exemption—wild river area under the repealed Wild Rivers Act 2005\n\nThis section applies to a resource activity if the activity—\nis carried out on land that—\nis in a strategic environmental area; and\nwas in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and\nis carried out under an environmental authority given, or applied for, before the repeal of the Wild Rivers Act 2005 .\nTo the extent the resource activity is carried out in the former wild river area, it is an exempt resource activity for the strategic environmental area.\nHowever, subsection (2) ceases to apply to the resource activity if—\nafter the repeal of the Wild Rivers Act 2005 , the authority holder makes an amendment application under the Environmental Protection Act , section 224 to amend the environmental authority; and\nthe amendment application is approved; and\nthe amendment involves either of the following—\nan increase in the area of land subject to expected surface impacts from the activity;\na change to the location of the land subject to expected surface impacts from the activity.\ns 24A ins 2014 No. 40 s 120A\n(sec.24A-ssec.1) This section applies to a resource activity if the activity— is carried out on land that— is in a strategic environmental area; and was in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and is carried out under an environmental authority given, or applied for, before the repeal of the Wild Rivers Act 2005 .\n(sec.24A-ssec.2) To the extent the resource activity is carried out in the former wild river area, it is an exempt resource activity for the strategic environmental area.\n(sec.24A-ssec.3) However, subsection (2) ceases to apply to the resource activity if— after the repeal of the Wild Rivers Act 2005 , the authority holder makes an amendment application under the Environmental Protection Act , section 224 to amend the environmental authority; and the amendment application is approved; and the amendment involves either of the following— an increase in the area of land subject to expected surface impacts from the activity; a change to the location of the land subject to expected surface impacts from the activity.\n- (a) is carried out on land that— (i) is in a strategic environmental area; and (ii) was in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and\n- (i) is in a strategic environmental area; and\n- (ii) was in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and\n- (b) is carried out under an environmental authority given, or applied for, before the repeal of the Wild Rivers Act 2005 .\n- (i) is in a strategic environmental area; and\n- (ii) was in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and\n- (a) after the repeal of the Wild Rivers Act 2005 , the authority holder makes an amendment application under the Environmental Protection Act , section 224 to amend the environmental authority; and\n- (b) the amendment application is approved; and\n- (c) the amendment involves either of the following— (i) an increase in the area of land subject to expected surface impacts from the activity; (ii) a change to the location of the land subject to expected surface impacts from the activity.\n- (i) an increase in the area of land subject to expected surface impacts from the activity;\n- (ii) a change to the location of the land subject to expected surface impacts from the activity.\n- (i) an increase in the area of land subject to expected surface impacts from the activity;\n- (ii) a change to the location of the land subject to expected surface impacts from the activity.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Exemption—pre-existing regulated activity","content":"### sec.25 Exemption—pre-existing regulated activity\n\nThis section applies if, immediately before land becomes land in an area of regional interest, including on commencement of this section, a regulated activity may be lawfully carried out on the land under the Planning Act or the repealed Sustainable Planning Act 2009 .\nThe regulated activity is an exempt regulated activity for the area of regional interest.\ns 25 amd 2016 No. 25 s 426\n(sec.25-ssec.1) This section applies if, immediately before land becomes land in an area of regional interest, including on commencement of this section, a regulated activity may be lawfully carried out on the land under the Planning Act or the repealed Sustainable Planning Act 2009 .\n(sec.25-ssec.2) The regulated activity is an exempt regulated activity for the area of regional interest.","sortOrder":32},{"sectionNumber":"pt.3","sectionType":"part","heading":"Regional interests development approvals","content":"# Regional interests development approvals","sortOrder":33},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Meaning of assessing agency and assessor","content":"### sec.26 Meaning of assessing agency and assessor\n\nAn assessing agency for an assessment application is an entity prescribed under a regulation.\nA local government may be prescribed to be an assessment agency for an assessment application relating to a priority living area in the local government’s area.\nEach of the following is an assessor for an assessment application—\nthe chief executive;\nif the application is referable—an assessing agency for the application.\n(sec.26-ssec.1) An assessing agency for an assessment application is an entity prescribed under a regulation. A local government may be prescribed to be an assessment agency for an assessment application relating to a priority living area in the local government’s area.\n(sec.26-ssec.2) Each of the following is an assessor for an assessment application— the chief executive; if the application is referable—an assessing agency for the application.\n- (a) the chief executive;\n- (b) if the application is referable—an assessing agency for the application.","sortOrder":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"When does a resource activity or regulated activity impact an area of regional interest","content":"### sec.27 When does a resource activity or regulated activity impact an area of regional interest\n\nIn this Act, a resource activity or a regulated activity has an impact on an area of regional interest if the impact—\naffects—\na feature, quality, characteristic or other attribute of the area; or\nthe suitability of land in the area to be used for a particular purpose; and\nrelates to a matter mentioned in the following—\nfor a priority agricultural area— section 8 (1) (a) ;\nfor a priority living area— section 9 (b) ;\nfor the strategic cropping area— section 10 (1) ;\nfor a strategic environmental area— section 11 (1) (a) .\n- (a) affects— (i) a feature, quality, characteristic or other attribute of the area; or (ii) the suitability of land in the area to be used for a particular purpose; and\n- (i) a feature, quality, characteristic or other attribute of the area; or\n- (ii) the suitability of land in the area to be used for a particular purpose; and\n- (b) relates to a matter mentioned in the following— (i) for a priority agricultural area— section 8 (1) (a) ; (ii) for a priority living area— section 9 (b) ; (iii) for the strategic cropping area— section 10 (1) ; (iv) for a strategic environmental area— section 11 (1) (a) .\n- (i) for a priority agricultural area— section 8 (1) (a) ;\n- (ii) for a priority living area— section 9 (b) ;\n- (iii) for the strategic cropping area— section 10 (1) ;\n- (iv) for a strategic environmental area— section 11 (1) (a) .\n- (i) a feature, quality, characteristic or other attribute of the area; or\n- (ii) the suitability of land in the area to be used for a particular purpose; and\n- (i) for a priority agricultural area— section 8 (1) (a) ;\n- (ii) for a priority living area— section 9 (b) ;\n- (iii) for the strategic cropping area— section 10 (1) ;\n- (iv) for a strategic environmental area— section 11 (1) (a) .","sortOrder":36},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Applying","content":"## Applying","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Who may apply for regional interests development approval","content":"### sec.28 Who may apply for regional interests development approval\n\nAn eligible person (the applicant ) may apply for a regional interests development approval for a resource activity to be carried out in an area of regional interest (an assessment application ).\nAlso, a person (also the applicant ) who intends to carry out a regulated activity in an area of regional interest may apply for a regional interests development approval for the activity to be carried out in the area (also an assessment application ).\nIn this section—\neligible person means a person who holds, or has applied or may apply for, an environmental authority or resource authority (the relevant authorities ) for the resource activity.\n(sec.28-ssec.1) An eligible person (the applicant ) may apply for a regional interests development approval for a resource activity to be carried out in an area of regional interest (an assessment application ).\n(sec.28-ssec.2) Also, a person (also the applicant ) who intends to carry out a regulated activity in an area of regional interest may apply for a regional interests development approval for the activity to be carried out in the area (also an assessment application ).\n(sec.28-ssec.3) In this section— eligible person means a person who holds, or has applied or may apply for, an environmental authority or resource authority (the relevant authorities ) for the resource activity.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Requirements for making assessment application","content":"### sec.29 Requirements for making assessment application\n\nAn assessment application must be—\nmade to the chief executive in the approved form; and\naccompanied by a report—\nassessing the resource activity or regulated activity’s impact on the area of regional interest; and\nidentifying any constraints on the configuration or operation of the activity; and\naccompanied by the fee prescribed under a regulation.\n- (a) made to the chief executive in the approved form; and\n- (b) accompanied by a report— (i) assessing the resource activity or regulated activity’s impact on the area of regional interest; and (ii) identifying any constraints on the configuration or operation of the activity; and\n- (i) assessing the resource activity or regulated activity’s impact on the area of regional interest; and\n- (ii) identifying any constraints on the configuration or operation of the activity; and\n- (c) accompanied by the fee prescribed under a regulation.\n- (i) assessing the resource activity or regulated activity’s impact on the area of regional interest; and\n- (ii) identifying any constraints on the configuration or operation of the activity; and","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Owner of land given copy of assessment application","content":"### sec.30 Owner of land given copy of assessment application\n\nThis section applies to an assessment application if—\nthe application is not notifiable; and\nthe applicant is not the owner of the land.\nThe applicant must give the owner a copy of the application within the prescribed time frame.\n(sec.30-ssec.1) This section applies to an assessment application if— the application is not notifiable; and the applicant is not the owner of the land.\n(sec.30-ssec.2) The applicant must give the owner a copy of the application within the prescribed time frame.\n- (a) the application is not notifiable; and\n- (b) the applicant is not the owner of the land.","sortOrder":40},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Amending or withdrawing application","content":"## Amending or withdrawing application","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Amending","content":"### sec.31 Amending\n\nThe applicant may amend an assessment application to do the following (a permitted amendment ) if the amended application complies with section 29 —\nmake a minor amendment;\nmake an amendment the chief executive is satisfied would not adversely affect the chief executive’s ability to decide the amended application.\nA permitted amendment—\nmay be made at any time before the application is decided; and\nmust be made by notice to the chief executive.\nAn assessment application can not be amended other than to make a permitted amendment.\n(sec.31-ssec.1) The applicant may amend an assessment application to do the following (a permitted amendment ) if the amended application complies with section 29 — make a minor amendment; make an amendment the chief executive is satisfied would not adversely affect the chief executive’s ability to decide the amended application.\n(sec.31-ssec.2) A permitted amendment— may be made at any time before the application is decided; and must be made by notice to the chief executive.\n(sec.31-ssec.3) An assessment application can not be amended other than to make a permitted amendment.\n- (a) make a minor amendment;\n- (b) make an amendment the chief executive is satisfied would not adversely affect the chief executive’s ability to decide the amended application.\n- (a) may be made at any time before the application is decided; and\n- (b) must be made by notice to the chief executive.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Withdrawal of application","content":"### sec.32 Withdrawal of application\n\nThe applicant may give the chief executive a notice withdrawing an assessment application at any time before it is decided.\nThe withdrawal takes effect when the notice is given.\nThe chief executive may, but need not, refund all or part of any fee paid for the application if it is withdrawn.\n(sec.32-ssec.1) The applicant may give the chief executive a notice withdrawing an assessment application at any time before it is decided.\n(sec.32-ssec.2) The withdrawal takes effect when the notice is given.\n(sec.32-ssec.3) The chief executive may, but need not, refund all or part of any fee paid for the application if it is withdrawn.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Owner of land given notice of amendment or withdrawal","content":"### sec.33 Owner of land given notice of amendment or withdrawal\n\nThis section applies if—\nan assessment application is not notifiable; and\nthe applicant is not the owner of the land; and\nthe application is amended under section 31 or withdrawn under section 32 .\nThe applicant must give the owner notice of the amendment or withdrawal within the prescribed time frame.\n(sec.33-ssec.1) This section applies if— an assessment application is not notifiable; and the applicant is not the owner of the land; and the application is amended under section 31 or withdrawn under section 32 .\n(sec.33-ssec.2) The applicant must give the owner notice of the amendment or withdrawal within the prescribed time frame.\n- (a) an assessment application is not notifiable; and\n- (b) the applicant is not the owner of the land; and\n- (c) the application is amended under section 31 or withdrawn under section 32 .","sortOrder":44},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Public notification of particular applications","content":"## Public notification of particular applications","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application of div 4","content":"### sec.34 Application of div 4\n\nThis division applies to a notifiable assessment application.\nAn assessment application is notifiable if—\na regulation prescribes it as notifiable; and\nan exemption is not granted under subsection (3) by the chief executive within the prescribed time frame.\nThe chief executive may, on the written request of the applicant, grant an exemption from notification for an assessment application if satisfied there has been sufficient notification under another Act or law of the resource activity or regulated activity to the public.\nAn assessment application is also notifiable if the chief executive has given the applicant a requirement notice requiring the applicant to notify the application under this division.\n(sec.34-ssec.1) This division applies to a notifiable assessment application.\n(sec.34-ssec.2) An assessment application is notifiable if— a regulation prescribes it as notifiable; and an exemption is not granted under subsection (3) by the chief executive within the prescribed time frame.\n(sec.34-ssec.3) The chief executive may, on the written request of the applicant, grant an exemption from notification for an assessment application if satisfied there has been sufficient notification under another Act or law of the resource activity or regulated activity to the public.\n(sec.34-ssec.4) An assessment application is also notifiable if the chief executive has given the applicant a requirement notice requiring the applicant to notify the application under this division.\n- (a) a regulation prescribes it as notifiable; and\n- (b) an exemption is not granted under subsection (3) by the chief executive within the prescribed time frame.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Applicant must notify","content":"### sec.35 Applicant must notify\n\nThe applicant must—\npublish a notice about the assessment application in the way prescribed under a regulation; and\nif the applicant is not the owner of the land—give the owner a notice about the application.\nThe notice must—\nbe in the approved form; and\nstate the following—\nthat submissions about the assessment application may be made to an assessor for the application;\nthe day by which submissions about the application must be received (the closing day );\nthat the making of a submission does not give rise to a right of appeal against a decision about the application.\nThe approved form must include information about the way in which submissions must be lodged with an assessor for the application, including whether the submissions may be made electronically.\nThe closing day must be a day that is after the end of the notification period prescribed under a regulation for the application.\n(sec.35-ssec.1) The applicant must— publish a notice about the assessment application in the way prescribed under a regulation; and if the applicant is not the owner of the land—give the owner a notice about the application.\n(sec.35-ssec.2) The notice must— be in the approved form; and state the following— that submissions about the assessment application may be made to an assessor for the application; the day by which submissions about the application must be received (the closing day ); that the making of a submission does not give rise to a right of appeal against a decision about the application.\n(sec.35-ssec.3) The approved form must include information about the way in which submissions must be lodged with an assessor for the application, including whether the submissions may be made electronically.\n(sec.35-ssec.4) The closing day must be a day that is after the end of the notification period prescribed under a regulation for the application.\n- (a) publish a notice about the assessment application in the way prescribed under a regulation; and\n- (b) if the applicant is not the owner of the land—give the owner a notice about the application.\n- (a) be in the approved form; and\n- (b) state the following— (i) that submissions about the assessment application may be made to an assessor for the application; (ii) the day by which submissions about the application must be received (the closing day ); (iii) that the making of a submission does not give rise to a right of appeal against a decision about the application.\n- (i) that submissions about the assessment application may be made to an assessor for the application;\n- (ii) the day by which submissions about the application must be received (the closing day );\n- (iii) that the making of a submission does not give rise to a right of appeal against a decision about the application.\n- (i) that submissions about the assessment application may be made to an assessor for the application;\n- (ii) the day by which submissions about the application must be received (the closing day );\n- (iii) that the making of a submission does not give rise to a right of appeal against a decision about the application.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Consequence of failure to notify","content":"### sec.36 Consequence of failure to notify\n\nThis section applies if the applicant has not complied with section 35 within the period that ends—\n20 business days after the day the assessment application was made; or\non a later day decided by an assessor for the application by notice.\nThe chief executive may—\nif the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or\nrefuse to decide the application until the applicant has complied with section 35 to the chief executive’s satisfaction; or\ndecide the application is lapsed.\n(sec.36-ssec.1) This section applies if the applicant has not complied with section 35 within the period that ends— 20 business days after the day the assessment application was made; or on a later day decided by an assessor for the application by notice.\n(sec.36-ssec.2) The chief executive may— if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or refuse to decide the application until the applicant has complied with section 35 to the chief executive’s satisfaction; or decide the application is lapsed.\n- (a) 20 business days after the day the assessment application was made; or\n- (b) on a later day decided by an assessor for the application by notice.\n- (a) if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or\n- (b) refuse to decide the application until the applicant has complied with section 35 to the chief executive’s satisfaction; or\n- (c) decide the application is lapsed.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Properly made submissions","content":"### sec.37 Properly made submissions\n\nA submission about an assessment application is properly made if the submission—\nis in writing; and\nstates the name of each person who made the submission; and\nstates an address for service for at least 1 of the persons who made the submission; and\nis received by the closing day for making submissions; and\nis made to an assessor for the application in the way stated in the notice about the application.\n- (a) is in writing; and\n- (b) states the name of each person who made the submission; and\n- (c) states an address for service for at least 1 of the persons who made the submission; and\n- (d) is received by the closing day for making submissions; and\n- (e) is made to an assessor for the application in the way stated in the notice about the application.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Submissions must be published or available for inspection","content":"### sec.38 Submissions must be published or available for inspection\n\nThis section applies to each submission about an assessment application that is properly made.\nThe assessor for the application must, within the prescribed time frame—\npublish a copy of the submission on the assessor’s website; or\nmake the submission available at the assessor’s office for inspection.\nIf a submission is available for inspection at the assessor’s office, a person may—\ninspect the submission free of charge at any time the office is open for business; and\nobtain a copy of the submission, or part of the submission, from the assessor.\nThe assessor may charge a person for supplying a copy of the submission, or part of the submission.\nThe charge must not be more than the cost to the assessor of making and supplying the copy.\nIn this section—\noffice , of an assessor, means—\nif the assessor is an assessing agency—the assessing agency’s office and any other place decided by the assessing agency; or\nif the assessor is the chief executive—the department’s office and any other place approved by the chief executive.\n(sec.38-ssec.1) This section applies to each submission about an assessment application that is properly made.\n(sec.38-ssec.2) The assessor for the application must, within the prescribed time frame— publish a copy of the submission on the assessor’s website; or make the submission available at the assessor’s office for inspection.\n(sec.38-ssec.3) If a submission is available for inspection at the assessor’s office, a person may— inspect the submission free of charge at any time the office is open for business; and obtain a copy of the submission, or part of the submission, from the assessor.\n(sec.38-ssec.4) The assessor may charge a person for supplying a copy of the submission, or part of the submission.\n(sec.38-ssec.5) The charge must not be more than the cost to the assessor of making and supplying the copy.\n(sec.38-ssec.6) In this section— office , of an assessor, means— if the assessor is an assessing agency—the assessing agency’s office and any other place decided by the assessing agency; or if the assessor is the chief executive—the department’s office and any other place approved by the chief executive.\n- (a) publish a copy of the submission on the assessor’s website; or\n- (b) make the submission available at the assessor’s office for inspection.\n- (a) inspect the submission free of charge at any time the office is open for business; and\n- (b) obtain a copy of the submission, or part of the submission, from the assessor.\n- (a) if the assessor is an assessing agency—the assessing agency’s office and any other place decided by the assessing agency; or\n- (b) if the assessor is the chief executive—the department’s office and any other place approved by the chief executive.","sortOrder":50},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Referral to assessing agency","content":"## Referral to assessing agency","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application of div 5","content":"### sec.39 Application of div 5\n\nThis division applies to a referable assessment application.\nAn assessment application is referable if a regulation prescribes the application as referable.\n(sec.39-ssec.1) This division applies to a referable assessment application.\n(sec.39-ssec.2) An assessment application is referable if a regulation prescribes the application as referable.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Assessing agency’s functions","content":"### sec.40 Assessing agency’s functions\n\nAn assessing agency has, for assessing and responding to the part of the application giving rise to the referral, the functions prescribed under a regulation.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Assessing agency’s assessment of application","content":"### sec.41 Assessing agency’s assessment of application\n\nThe chief executive must give the assessing agency for the application a copy of the application within the prescribed time frame.\nThe assessing agency must, within the limits of its functions, assess the application and, in doing so, consider all of the following—\nthe extent of the expected impact of the resource activity or regulated activity on the area of regional interest;\nany criteria for the assessment prescribed under a regulation;\nif the assessment is for a notifiable assessment application—all properly made submissions received by the assessing agency about the application;\nif the assessing agency is a local government—any criteria under the local government’s planning scheme for assessing the application.\n(sec.41-ssec.1) The chief executive must give the assessing agency for the application a copy of the application within the prescribed time frame.\n(sec.41-ssec.2) The assessing agency must, within the limits of its functions, assess the application and, in doing so, consider all of the following— the extent of the expected impact of the resource activity or regulated activity on the area of regional interest; any criteria for the assessment prescribed under a regulation; if the assessment is for a notifiable assessment application—all properly made submissions received by the assessing agency about the application; if the assessing agency is a local government—any criteria under the local government’s planning scheme for assessing the application.\n- (a) the extent of the expected impact of the resource activity or regulated activity on the area of regional interest;\n- (b) any criteria for the assessment prescribed under a regulation;\n- (c) if the assessment is for a notifiable assessment application—all properly made submissions received by the assessing agency about the application;\n- (d) if the assessing agency is a local government—any criteria under the local government’s planning scheme for assessing the application.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Assessing agency’s response to application","content":"### sec.42 Assessing agency’s response to application\n\nThe assessing agency may give the chief executive a response to the application.\nThe response may, within the limits of the assessing agency’s functions—\ndo any or all of the following—\nrecommend conditions (each an assessing agency condition ) to form part of any regional interests approval;\nUnder section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it.\nrecommend the refusal of all or part of the application;\nprovide advice about the application; or\ntell the chief executive that the assessing agency has no requirements or advice relating to the application.\nHowever, the response may only be given within the prescribed time frame.\nIf the response includes assessing agency conditions or refusing all or part of an application, it must include reasons for the conditions or the refusal.\nIf the assessment application is notifiable and section 36 (2) (a) or (3) (a) does not apply, the assessing agency’s response must not be given to the chief executive before the closing day for submissions about the application.\nThe assessing agency must give the applicant a copy of the response within the prescribed time frame.\n(sec.42-ssec.1) The assessing agency may give the chief executive a response to the application.\n(sec.42-ssec.2) The response may, within the limits of the assessing agency’s functions— do any or all of the following— recommend conditions (each an assessing agency condition ) to form part of any regional interests approval; Under section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it. recommend the refusal of all or part of the application; provide advice about the application; or tell the chief executive that the assessing agency has no requirements or advice relating to the application.\n(sec.42-ssec.3) However, the response may only be given within the prescribed time frame.\n(sec.42-ssec.4) If the response includes assessing agency conditions or refusing all or part of an application, it must include reasons for the conditions or the refusal.\n(sec.42-ssec.5) If the assessment application is notifiable and section 36 (2) (a) or (3) (a) does not apply, the assessing agency’s response must not be given to the chief executive before the closing day for submissions about the application.\n(sec.42-ssec.6) The assessing agency must give the applicant a copy of the response within the prescribed time frame.\n- (a) do any or all of the following— (i) recommend conditions (each an assessing agency condition ) to form part of any regional interests approval; Note— Under section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it. (ii) recommend the refusal of all or part of the application; (iii) provide advice about the application; or\n- (i) recommend conditions (each an assessing agency condition ) to form part of any regional interests approval; Note— Under section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it.\n- (ii) recommend the refusal of all or part of the application;\n- (iii) provide advice about the application; or\n- (b) tell the chief executive that the assessing agency has no requirements or advice relating to the application.\n- (i) recommend conditions (each an assessing agency condition ) to form part of any regional interests approval; Note— Under section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it.\n- (ii) recommend the refusal of all or part of the application;\n- (iii) provide advice about the application; or","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Ministerial directions to assessing agency","content":"### sec.43 Ministerial directions to assessing agency\n\nThe Minister may, by notice, give a direction to an assessing agency for an assessment application—\nif the Minister is satisfied its response is not within its functions—to reissue its response in a stated way and within a stated period to ensure the response is within the functions; or\nif the Minister is satisfied the assessing agency has not assessed the application under this Act—to issue or reissue its response in a stated way and within a stated period to ensure the assessing agency has assessed the application under this Act.\nThe Minister may give the direction even if the agency’s assessment period for the assessment application has ended under section 42 (3) .\nThe direction must state the reasons for the decision to give it.\nThe Minister must give the applicant a copy of the direction.\nThe assessing agency must comply with the direction.\nIf the Minister gives the direction, the chief executive can not decide the assessment application until the assessing agency’s response is reissued.\n(sec.43-ssec.1) The Minister may, by notice, give a direction to an assessing agency for an assessment application— if the Minister is satisfied its response is not within its functions—to reissue its response in a stated way and within a stated period to ensure the response is within the functions; or if the Minister is satisfied the assessing agency has not assessed the application under this Act—to issue or reissue its response in a stated way and within a stated period to ensure the assessing agency has assessed the application under this Act.\n(sec.43-ssec.2) The Minister may give the direction even if the agency’s assessment period for the assessment application has ended under section 42 (3) .\n(sec.43-ssec.3) The direction must state the reasons for the decision to give it.\n(sec.43-ssec.4) The Minister must give the applicant a copy of the direction.\n(sec.43-ssec.5) The assessing agency must comply with the direction.\n(sec.43-ssec.6) If the Minister gives the direction, the chief executive can not decide the assessment application until the assessing agency’s response is reissued.\n- (a) if the Minister is satisfied its response is not within its functions—to reissue its response in a stated way and within a stated period to ensure the response is within the functions; or\n- (b) if the Minister is satisfied the assessing agency has not assessed the application under this Act—to issue or reissue its response in a stated way and within a stated period to ensure the assessing agency has assessed the application under this Act.","sortOrder":56},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Additional information etc. for application","content":"## Additional information etc. for application","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Requirement notice","content":"### sec.44 Requirement notice\n\nAn assessor for an assessment application may, by notice given within the prescribed time frame, require (a requirement notice ) the applicant to do all or any of the following within a stated reasonable period—\ncomplete or correct the application if it appears to an assessor to be incorrect, incomplete or defective;\ngive an assessor additional information about, or relevant to, the application;\nif the assessor is the chief executive—notify the application under division 4 ;\ngive an assessor an independent report by an appropriately qualified person, or a statutory declaration, verifying all or any of the following—\nany information included in the application;\nany additional information required under paragraph (b) .\nThe requirement notice may require the statutory declaration—\nto be made by an appropriately qualified independent person or by the applicant; and\nif the applicant is a corporation—to be made for the applicant by an executive officer of the applicant corporation.\nThe applicant must bear any costs incurred in complying with the requirement notice.\nAn assessor may extend the stated period.\n(sec.44-ssec.1) An assessor for an assessment application may, by notice given within the prescribed time frame, require (a requirement notice ) the applicant to do all or any of the following within a stated reasonable period— complete or correct the application if it appears to an assessor to be incorrect, incomplete or defective; give an assessor additional information about, or relevant to, the application; if the assessor is the chief executive—notify the application under division 4 ; give an assessor an independent report by an appropriately qualified person, or a statutory declaration, verifying all or any of the following— any information included in the application; any additional information required under paragraph (b) .\n(sec.44-ssec.2) The requirement notice may require the statutory declaration— to be made by an appropriately qualified independent person or by the applicant; and if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant corporation.\n(sec.44-ssec.3) The applicant must bear any costs incurred in complying with the requirement notice.\n(sec.44-ssec.4) An assessor may extend the stated period.\n- (a) complete or correct the application if it appears to an assessor to be incorrect, incomplete or defective;\n- (b) give an assessor additional information about, or relevant to, the application;\n- (c) if the assessor is the chief executive—notify the application under division 4 ;\n- (d) give an assessor an independent report by an appropriately qualified person, or a statutory declaration, verifying all or any of the following— (i) any information included in the application; (ii) any additional information required under paragraph (b) .\n- (i) any information included in the application;\n- (ii) any additional information required under paragraph (b) .\n- (i) any information included in the application;\n- (ii) any additional information required under paragraph (b) .\n- (a) to be made by an appropriately qualified independent person or by the applicant; and\n- (b) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant corporation.","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Consequence of noncompliance with requirement notice","content":"### sec.45 Consequence of noncompliance with requirement notice\n\nThis section applies if a requirement notice has, in the opinion of the assessor that gave it, been contravened.\nThe chief executive may, if the requirement notice was made by the chief executive or the chief executive receives a notice under subsection (4) —\nif the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or\nrefuse to decide the application until the requirement notice is complied with to the chief executive’s satisfaction; or\ndecide the application is lapsed.\nIf the assessor was the assessing agency, it may—\nif it considers there is enough information about the relevant matters—give its response to the application; or\nrefuse to assess the application until the requirement notice is complied with to its satisfaction.\nThe assessing agency must give the chief executive notice of the refusal.\n(sec.45-ssec.1) This section applies if a requirement notice has, in the opinion of the assessor that gave it, been contravened.\n(sec.45-ssec.2) The chief executive may, if the requirement notice was made by the chief executive or the chief executive receives a notice under subsection (4) — if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or refuse to decide the application until the requirement notice is complied with to the chief executive’s satisfaction; or decide the application is lapsed.\n(sec.45-ssec.3) If the assessor was the assessing agency, it may— if it considers there is enough information about the relevant matters—give its response to the application; or refuse to assess the application until the requirement notice is complied with to its satisfaction.\n(sec.45-ssec.4) The assessing agency must give the chief executive notice of the refusal.\n- (a) if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or\n- (b) refuse to decide the application until the requirement notice is complied with to the chief executive’s satisfaction; or\n- (c) decide the application is lapsed.\n- (a) if it considers there is enough information about the relevant matters—give its response to the application; or\n- (b) refuse to assess the application until the requirement notice is complied with to its satisfaction.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Additional advice or comment about assessment application","content":"### sec.46 Additional advice or comment about assessment application\n\nThe chief executive may ask Coexistence Queensland for advice about an assessment application if—\nthe application relates to a resource activity in a priority agricultural area, the strategic cropping area or a priority living area; and\neither—\nthe application is notifiable; or\nin the chief executive’s opinion, the expected surface impacts of the resource activity are significant.\nThe chief executive or an assessing agency may ask any other person for advice or comment about an assessment application.\nThe chief executive may appoint a panel of experts to provide advice to the chief executive about an assessment application or a particular matter relevant to the application.\ns 46 amd 2024 No. 33 s 175\n(sec.46-ssec.1) The chief executive may ask Coexistence Queensland for advice about an assessment application if— the application relates to a resource activity in a priority agricultural area, the strategic cropping area or a priority living area; and either— the application is notifiable; or in the chief executive’s opinion, the expected surface impacts of the resource activity are significant.\n(sec.46-ssec.2) The chief executive or an assessing agency may ask any other person for advice or comment about an assessment application. The chief executive may appoint a panel of experts to provide advice to the chief executive about an assessment application or a particular matter relevant to the application.\n- (a) the application relates to a resource activity in a priority agricultural area, the strategic cropping area or a priority living area; and\n- (b) either— (i) the application is notifiable; or (ii) in the chief executive’s opinion, the expected surface impacts of the resource activity are significant.\n- (i) the application is notifiable; or\n- (ii) in the chief executive’s opinion, the expected surface impacts of the resource activity are significant.\n- (i) the application is notifiable; or\n- (ii) in the chief executive’s opinion, the expected surface impacts of the resource activity are significant.","sortOrder":60},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Deciding application","content":"## Deciding application","sortOrder":61},{"sectionNumber":"sec.47","sectionType":"section","heading":"Chief executive must decide application","content":"### sec.47 Chief executive must decide application\n\nThe chief executive must, within the prescribed time frame, consider and decide under this division each assessment application.\nIf the application is notifiable and section 36 (2) (a) does not apply, a decision can not be made about the application before the closing day for submissions.\n(sec.47-ssec.1) The chief executive must, within the prescribed time frame, consider and decide under this division each assessment application.\n(sec.47-ssec.2) If the application is notifiable and section 36 (2) (a) does not apply, a decision can not be made about the application before the closing day for submissions.","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Decision generally","content":"### sec.48 Decision generally\n\nThe chief executive must decide to—\napprove all or part of the application and grant a regional interests development approval; or\nrefuse the application.\nIf the chief executive decides to grant a regional interests development approval, the chief executive may also decide to grant the approval with conditions (each a regional interests condition ).\nTo remove any doubt, it is declared that if the chief executive approves only part of an application, the balance of the application is refused.\n(sec.48-ssec.1) The chief executive must decide to— approve all or part of the application and grant a regional interests development approval; or refuse the application.\n(sec.48-ssec.2) If the chief executive decides to grant a regional interests development approval, the chief executive may also decide to grant the approval with conditions (each a regional interests condition ).\n(sec.48-ssec.3) To remove any doubt, it is declared that if the chief executive approves only part of an application, the balance of the application is refused.\n- (a) approve all or part of the application and grant a regional interests development approval; or\n- (b) refuse the application.","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":"Criteria for decision","content":"### sec.49 Criteria for decision\n\nIn deciding an assessment application, the chief executive must consider all of the following—\nthe extent of the expected impact of the resource activity or regulated activity on the area of regional interest;\nany criteria for the decision prescribed under a regulation;\nif the decision is for a notifiable assessment application—all properly made submissions received by the chief executive about the application;\nif the decision is for a referable assessment application—any advice about the application included in an assessing agency’s response;\nany advice about the application given by Coexistence Queensland.\nAlso, the chief executive may consider any other matter the chief executive considers relevant.\ns 49 amd 2024 No. 33 s 183 s ch 1 pt 1\n(sec.49-ssec.1) In deciding an assessment application, the chief executive must consider all of the following— the extent of the expected impact of the resource activity or regulated activity on the area of regional interest; any criteria for the decision prescribed under a regulation; if the decision is for a notifiable assessment application—all properly made submissions received by the chief executive about the application; if the decision is for a referable assessment application—any advice about the application included in an assessing agency’s response; any advice about the application given by Coexistence Queensland.\n(sec.49-ssec.2) Also, the chief executive may consider any other matter the chief executive considers relevant.\n- (a) the extent of the expected impact of the resource activity or regulated activity on the area of regional interest;\n- (b) any criteria for the decision prescribed under a regulation;\n- (c) if the decision is for a notifiable assessment application—all properly made submissions received by the chief executive about the application;\n- (d) if the decision is for a referable assessment application—any advice about the application included in an assessing agency’s response;\n- (e) any advice about the application given by Coexistence Queensland.","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Conditions generally","content":"### sec.50 Conditions generally\n\nA regional interests condition may—\nlimit or restrict the carrying out of a resource activity or regulated activity, including, for example, by—\nrequiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or\nrequiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or\nrequire the applicant to install and operate stated plant or equipment in a stated way within a stated period; or\nfor a resource activity or regulated activity to be carried out in an area that is the strategic cropping area—require the applicant to have mitigation in place before carrying out the activity on land in the area; or\nrequire the applicant to do, or refrain from doing, anything else the chief executive considers is necessary or desirable to achieve this Act’s purposes.\nHowever, a condition must either—\nbe relevant to, but not an unreasonable imposition on, the resource activity or regulated activity; or\nbe reasonably required to manage the impact of the activity on an area of regional interest.\nA condition under subsection (1) (c) is an SCL mitigation condition .\n(sec.50-ssec.1) A regional interests condition may— limit or restrict the carrying out of a resource activity or regulated activity, including, for example, by— requiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or requiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or require the applicant to install and operate stated plant or equipment in a stated way within a stated period; or for a resource activity or regulated activity to be carried out in an area that is the strategic cropping area—require the applicant to have mitigation in place before carrying out the activity on land in the area; or require the applicant to do, or refrain from doing, anything else the chief executive considers is necessary or desirable to achieve this Act’s purposes.\n(sec.50-ssec.2) However, a condition must either— be relevant to, but not an unreasonable imposition on, the resource activity or regulated activity; or be reasonably required to manage the impact of the activity on an area of regional interest.\n(sec.50-ssec.3) A condition under subsection (1) (c) is an SCL mitigation condition .\n- (a) limit or restrict the carrying out of a resource activity or regulated activity, including, for example, by— (i) requiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or (ii) requiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or\n- (i) requiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or\n- (ii) requiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or\n- (b) require the applicant to install and operate stated plant or equipment in a stated way within a stated period; or\n- (c) for a resource activity or regulated activity to be carried out in an area that is the strategic cropping area—require the applicant to have mitigation in place before carrying out the activity on land in the area; or\n- (d) require the applicant to do, or refrain from doing, anything else the chief executive considers is necessary or desirable to achieve this Act’s purposes.\n- (i) requiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or\n- (ii) requiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or\n- (a) be relevant to, but not an unreasonable imposition on, the resource activity or regulated activity; or\n- (b) be reasonably required to manage the impact of the activity on an area of regional interest.","sortOrder":65},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Steps after deciding application","content":"## Steps after deciding application","sortOrder":66},{"sectionNumber":"sec.51","sectionType":"section","heading":"Notice about decision","content":"### sec.51 Notice about decision\n\nThe chief executive must give the applicant a decision notice about the decision.\nThe chief executive must give a copy of the decision notice to—\nif the applicant is not the owner of the land—the owner of the land; and\nif the assessment application is referable—each assessing agency for the application; and\nif Coexistence Queensland gave the chief executive advice about the assessment application—Coexistence Queensland.\nIf the applicant has applied for an environmental authority for the resource activity or regulated activity, the decision notice may be included in, or accompany, a notice under the Environmental Protection Act for the environmental authority application.\nIf the chief executive’s decision about the assessment application is inconsistent with advice about the application given to the chief executive by either of the following, the decision notice must include reasons for the inconsistency—\na local government that was an assessing agency for the application;\nCoexistence Queensland.\nThe decision notice or copy of the decision notice must be given within the prescribed time frame.\ns 51 amd 2024 No. 33 s 183 s ch 1 pt 1\n(sec.51-ssec.1) The chief executive must give the applicant a decision notice about the decision.\n(sec.51-ssec.2) The chief executive must give a copy of the decision notice to— if the applicant is not the owner of the land—the owner of the land; and if the assessment application is referable—each assessing agency for the application; and if Coexistence Queensland gave the chief executive advice about the assessment application—Coexistence Queensland.\n(sec.51-ssec.3) If the applicant has applied for an environmental authority for the resource activity or regulated activity, the decision notice may be included in, or accompany, a notice under the Environmental Protection Act for the environmental authority application.\n(sec.51-ssec.4) If the chief executive’s decision about the assessment application is inconsistent with advice about the application given to the chief executive by either of the following, the decision notice must include reasons for the inconsistency— a local government that was an assessing agency for the application; Coexistence Queensland.\n(sec.51-ssec.5) The decision notice or copy of the decision notice must be given within the prescribed time frame.\n- (a) if the applicant is not the owner of the land—the owner of the land; and\n- (b) if the assessment application is referable—each assessing agency for the application; and\n- (c) if Coexistence Queensland gave the chief executive advice about the assessment application—Coexistence Queensland.\n- (a) a local government that was an assessing agency for the application;\n- (b) Coexistence Queensland.","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Public notification of decision","content":"### sec.52 Public notification of decision\n\nThe chief executive must, within the prescribed time frame, publish a notice about the decision—\non the department’s website; or\nin a newspaper circulating generally in the area of the land.\nThe notice must—\nidentify the resource activity or regulated activity, the applicant and the land; and\nbriefly describe any conditions imposed on the resource activity or regulated activity by the decision; and\nstate that an affected land owner may appeal against the decision, the period within which an appeal must be started and how the right to appeal is to be exercised.\n(sec.52-ssec.1) The chief executive must, within the prescribed time frame, publish a notice about the decision— on the department’s website; or in a newspaper circulating generally in the area of the land.\n(sec.52-ssec.2) The notice must— identify the resource activity or regulated activity, the applicant and the land; and briefly describe any conditions imposed on the resource activity or regulated activity by the decision; and state that an affected land owner may appeal against the decision, the period within which an appeal must be started and how the right to appeal is to be exercised.\n- (a) on the department’s website; or\n- (b) in a newspaper circulating generally in the area of the land.\n- (a) identify the resource activity or regulated activity, the applicant and the land; and\n- (b) briefly describe any conditions imposed on the resource activity or regulated activity by the decision; and\n- (c) state that an affected land owner may appeal against the decision, the period within which an appeal must be started and how the right to appeal is to be exercised.","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Issuing approval","content":"### sec.53 Issuing approval\n\nAs soon as practicable after deciding to grant a regional interests development approval, the chief executive must issue the approval.\nThe regional interests development approval must—\nbe in the approved form; and\nstate the following—\na description of the land;\nthe resource activity or regulated activity approved;\nthe area of regional interest for which the activity is approved;\nany regional interests conditions on which the approval is granted.\n(sec.53-ssec.1) As soon as practicable after deciding to grant a regional interests development approval, the chief executive must issue the approval.\n(sec.53-ssec.2) The regional interests development approval must— be in the approved form; and state the following— a description of the land; the resource activity or regulated activity approved; the area of regional interest for which the activity is approved; any regional interests conditions on which the approval is granted.\n- (a) be in the approved form; and\n- (b) state the following— (i) a description of the land; (ii) the resource activity or regulated activity approved; (iii) the area of regional interest for which the activity is approved; (iv) any regional interests conditions on which the approval is granted.\n- (i) a description of the land;\n- (ii) the resource activity or regulated activity approved;\n- (iii) the area of regional interest for which the activity is approved;\n- (iv) any regional interests conditions on which the approval is granted.\n- (i) a description of the land;\n- (ii) the resource activity or regulated activity approved;\n- (iii) the area of regional interest for which the activity is approved;\n- (iv) any regional interests conditions on which the approval is granted.","sortOrder":69},{"sectionNumber":"sec.54","sectionType":"section","heading":"When approval takes effect","content":"### sec.54 When approval takes effect\n\nA regional interests development approval takes effect on the later of the following—\nthe day after the appeal period for the decision to grant the approval ends;\nanother day stated in the approval.\nA decision notice for the decision to grant the approval must state that the decision takes effect when the appeal period for the decision ends.\nIn this section—\nappeal period , for a decision to grant a regional interests development approval, means the period ending on the last day on which an appeal against the decision may be started under section 73 (1) .\n(sec.54-ssec.1) A regional interests development approval takes effect on the later of the following— the day after the appeal period for the decision to grant the approval ends; another day stated in the approval.\n(sec.54-ssec.2) A decision notice for the decision to grant the approval must state that the decision takes effect when the appeal period for the decision ends.\n(sec.54-ssec.3) In this section— appeal period , for a decision to grant a regional interests development approval, means the period ending on the last day on which an appeal against the decision may be started under section 73 (1) .\n- (a) the day after the appeal period for the decision to grant the approval ends;\n- (b) another day stated in the approval.","sortOrder":70},{"sectionNumber":"pt.3-div.9","sectionType":"division","heading":"Amending approval","content":"## Amending approval","sortOrder":71},{"sectionNumber":"sec.55","sectionType":"section","heading":"Amending approval","content":"### sec.55 Amending approval\n\nThe holder of a regional interests development approval may, in writing, ask the chief executive to make either of the following amendments (each a requested amendment ) to the approval—\na minor amendment;\nan amendment the chief executive is satisfied would not adversely change the impact of the resource activity or regulated activity on the area of regional interest.\nBefore deciding whether to make a requested amendment, the chief executive may give the holder of the approval a notice requiring the holder to notify the application under division 4 within a reasonable stated period.\nIf, in the chief executive’s opinion, the holder has contravened the notice, the chief executive may refuse to decide whether to make the requested amendment until the notice has been complied with to the chief executive’s satisfaction.\nThe holder of the approval must bear any costs incurred in complying with the notice.\nIn deciding whether to make a requested amendment, the chief executive must consider the matters mentioned in section 49 to the extent the chief executive considers it is appropriate to do so.\n(sec.55-ssec.1) The holder of a regional interests development approval may, in writing, ask the chief executive to make either of the following amendments (each a requested amendment ) to the approval— a minor amendment; an amendment the chief executive is satisfied would not adversely change the impact of the resource activity or regulated activity on the area of regional interest.\n(sec.55-ssec.2) Before deciding whether to make a requested amendment, the chief executive may give the holder of the approval a notice requiring the holder to notify the application under division 4 within a reasonable stated period.\n(sec.55-ssec.3) If, in the chief executive’s opinion, the holder has contravened the notice, the chief executive may refuse to decide whether to make the requested amendment until the notice has been complied with to the chief executive’s satisfaction.\n(sec.55-ssec.4) The holder of the approval must bear any costs incurred in complying with the notice.\n(sec.55-ssec.5) In deciding whether to make a requested amendment, the chief executive must consider the matters mentioned in section 49 to the extent the chief executive considers it is appropriate to do so.\n- (a) a minor amendment;\n- (b) an amendment the chief executive is satisfied would not adversely change the impact of the resource activity or regulated activity on the area of regional interest.","sortOrder":72},{"sectionNumber":"sec.56","sectionType":"section","heading":"Notice about decision","content":"### sec.56 Notice about decision\n\nAs soon as practicable after deciding whether to make a requested amendment to a regional interests development approval, the chief executive must give the holder of the approval a decision notice about the decision.\nThe chief executive must give a copy of the decision notice to—\nif the holder is not the owner of the land—the owner of the land; and\nif the assessment application for the approval was referable—each assessing agency for the application; and\nif Coexistence Queensland gave the chief executive advice about the assessment application for the approval—Coexistence Queensland.\ns 56 amd 2024 No. 33 s 183 s ch 1 pt 1\n(sec.56-ssec.1) As soon as practicable after deciding whether to make a requested amendment to a regional interests development approval, the chief executive must give the holder of the approval a decision notice about the decision.\n(sec.56-ssec.2) The chief executive must give a copy of the decision notice to— if the holder is not the owner of the land—the owner of the land; and if the assessment application for the approval was referable—each assessing agency for the application; and if Coexistence Queensland gave the chief executive advice about the assessment application for the approval—Coexistence Queensland.\n- (a) if the holder is not the owner of the land—the owner of the land; and\n- (b) if the assessment application for the approval was referable—each assessing agency for the application; and\n- (c) if Coexistence Queensland gave the chief executive advice about the assessment application for the approval—Coexistence Queensland.","sortOrder":73},{"sectionNumber":"sec.57","sectionType":"section","heading":"Giving effect to amendment","content":"### sec.57 Giving effect to amendment\n\nAs soon as practicable after deciding to make a requested amendment to a regional interests development approval, the chief executive must—\namend the approval to give effect to the requested amendment; and\nissue the amended approval to the holder.\n- (a) amend the approval to give effect to the requested amendment; and\n- (b) issue the amended approval to the holder.","sortOrder":74},{"sectionNumber":"pt.3-div.10","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":75},{"sectionNumber":"sec.58","sectionType":"section","heading":"Approval attaches to land","content":"### sec.58 Approval attaches to land\n\nWhile it continues in effect, a regional interests development approval attaches to the land despite any change in the land’s ownership or occupation.","sortOrder":76},{"sectionNumber":"sec.59","sectionType":"section","heading":"Regional interests conditions paramount","content":"### sec.59 Regional interests conditions paramount\n\nThis section applies to a regional interests development approval for a priority agricultural area or the strategic cropping area.\nIf there is any inconsistency between the conditions of the approval and a condition of the relevant authority, the conditions of the approval prevail to the extent of the inconsistency.\nFor subsection (2) , it does not matter when the approval, authority or conditions were granted or imposed in relation to each other.\n(sec.59-ssec.1) This section applies to a regional interests development approval for a priority agricultural area or the strategic cropping area.\n(sec.59-ssec.2) If there is any inconsistency between the conditions of the approval and a condition of the relevant authority, the conditions of the approval prevail to the extent of the inconsistency.\n(sec.59-ssec.3) For subsection (2) , it does not matter when the approval, authority or conditions were granted or imposed in relation to each other.","sortOrder":77},{"sectionNumber":"pt.4","sectionType":"part","heading":"Mitigation","content":"# Mitigation","sortOrder":78},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Provisions for SCL mitigation conditions","content":"## Provisions for SCL mitigation conditions","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application of pt 4","content":"### sec.60 Application of pt 4\n\nThis part applies for the holder of a regional interests development approval if the approval includes an SCL mitigation condition.","sortOrder":80},{"sectionNumber":"sec.61","sectionType":"section","heading":"What is mitigated SCL land","content":"### sec.61 What is mitigated SCL land\n\nMitigated SCL land is the land to which the SCL mitigation condition applies.","sortOrder":81},{"sectionNumber":"sec.62","sectionType":"section","heading":"What is mitigation","content":"### sec.62 What is mitigation\n\nMitigation , for mitigated SCL land, means that either of the following, or a combination of the following, has taken place for the land’s mitigation value—\na payment to the mitigation fund;\nthe entering into of a mitigation deed.\nThe mitigation value of mitigated SCL land is the amount prescribed under a regulation.\n(sec.62-ssec.1) Mitigation , for mitigated SCL land, means that either of the following, or a combination of the following, has taken place for the land’s mitigation value— a payment to the mitigation fund; the entering into of a mitigation deed.\n(sec.62-ssec.2) The mitigation value of mitigated SCL land is the amount prescribed under a regulation.\n- (a) a payment to the mitigation fund;\n- (b) the entering into of a mitigation deed.","sortOrder":82},{"sectionNumber":"sec.63","sectionType":"section","heading":"What are mitigation measures","content":"### sec.63 What are mitigation measures\n\nMitigation measures are the carrying out of activities to address the loss of the productive capacity of mitigated SCL land.\nAlso, for a mitigation deed, mitigation measures may include a combination of activities mentioned in subsection (1) and a payment to the mitigation fund.\n(sec.63-ssec.1) Mitigation measures are the carrying out of activities to address the loss of the productive capacity of mitigated SCL land.\n(sec.63-ssec.2) Also, for a mitigation deed, mitigation measures may include a combination of activities mentioned in subsection (1) and a payment to the mitigation fund.","sortOrder":83},{"sectionNumber":"sec.64","sectionType":"section","heading":"What is a mitigation deed","content":"### sec.64 What is a mitigation deed\n\nA mitigation deed is a deed to which the chief executive and the holder of a regional interests development approval are parties that—\nis about the mitigation value of mitigated SCL land; and\ncomplies with the requirements prescribed under a regulation.\n- (a) is about the mitigation value of mitigated SCL land; and\n- (b) complies with the requirements prescribed under a regulation.","sortOrder":84},{"sectionNumber":"sec.65","sectionType":"section","heading":"What are the mitigation criteria","content":"### sec.65 What are the mitigation criteria\n\nThe mitigation criteria are that mitigation measures (under a mitigation deed or under a payment from the mitigation fund) must—\naim to increase the productivity of cropping in the State; and\nprovide a public, rather than a private, benefit; and\naim to provide an enduring effect; and\nbe quantifiable and able to be independently valued; and\nbenefit the largest possible number of cropping agribusinesses; and\nif a cropping activity or cropping system existed for mitigated SCL land to which the measures relate—provide a benefit to that type of activity or system in the relevant local area.\nIn deciding what is a relevant local area for subsection (1) (f) , regard must be had to catchments and local government areas.\n(sec.65-ssec.1) The mitigation criteria are that mitigation measures (under a mitigation deed or under a payment from the mitigation fund) must— aim to increase the productivity of cropping in the State; and provide a public, rather than a private, benefit; and aim to provide an enduring effect; and be quantifiable and able to be independently valued; and benefit the largest possible number of cropping agribusinesses; and if a cropping activity or cropping system existed for mitigated SCL land to which the measures relate—provide a benefit to that type of activity or system in the relevant local area.\n(sec.65-ssec.2) In deciding what is a relevant local area for subsection (1) (f) , regard must be had to catchments and local government areas.\n- (a) aim to increase the productivity of cropping in the State; and\n- (b) provide a public, rather than a private, benefit; and\n- (c) aim to provide an enduring effect; and\n- (d) be quantifiable and able to be independently valued; and\n- (e) benefit the largest possible number of cropping agribusinesses; and\n- (f) if a cropping activity or cropping system existed for mitigated SCL land to which the measures relate—provide a benefit to that type of activity or system in the relevant local area.","sortOrder":85},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Mitigation fund","content":"## Mitigation fund","sortOrder":86},{"sectionNumber":"sec.66","sectionType":"section","heading":"Mitigation fund continued","content":"### sec.66 Mitigation fund continued\n\nThe strategic cropping land mitigation fund (the mitigation fund ) established under the repealed Strategic Cropping Land Act 2011 is continued in existence under this Act.","sortOrder":87},{"sectionNumber":"sec.67","sectionType":"section","heading":"Purpose and administration","content":"### sec.67 Purpose and administration\n\nThe mitigation fund’s purpose is to record amounts received under a mitigation condition and to pay amounts from it under this part.\nAccounts for the mitigation fund must be kept as part of the department’s departmental accounts under the Financial Accountability Act 2009 , section 69 .\nHowever, amounts received for the mitigation fund may be deposited with other amounts of the department in its departmental financial institution account under the Financial Accountability Act 2009 , section 83 .\n(sec.67-ssec.1) The mitigation fund’s purpose is to record amounts received under a mitigation condition and to pay amounts from it under this part.\n(sec.67-ssec.2) Accounts for the mitigation fund must be kept as part of the department’s departmental accounts under the Financial Accountability Act 2009 , section 69 .\n(sec.67-ssec.3) However, amounts received for the mitigation fund may be deposited with other amounts of the department in its departmental financial institution account under the Financial Accountability Act 2009 , section 83 .","sortOrder":88},{"sectionNumber":"sec.68","sectionType":"section","heading":"Payments from fund","content":"### sec.68 Payments from fund\n\nAmounts are payable from the mitigation fund only for—\nmitigation measures; or\nexpenses incurred by the chief executive in performing functions under this part.\nHowever, the chief executive may make a payment for mitigation measures only if the chief executive is satisfied the measures comply with the mitigation criteria.\n(sec.68-ssec.1) Amounts are payable from the mitigation fund only for— mitigation measures; or expenses incurred by the chief executive in performing functions under this part.\n(sec.68-ssec.2) However, the chief executive may make a payment for mitigation measures only if the chief executive is satisfied the measures comply with the mitigation criteria.\n- (a) mitigation measures; or\n- (b) expenses incurred by the chief executive in performing functions under this part.","sortOrder":89},{"sectionNumber":"sec.69","sectionType":"section","heading":"Reporting requirement for mitigation measures","content":"### sec.69 Reporting requirement for mitigation measures\n\nA payment from the mitigation fund may be made only on the condition that its recipient must give the chief executive periodic reports about—\nthe progress of the mitigation measures funded; and\namounts spent on the measures.\n- (a) the progress of the mitigation measures funded; and\n- (b) amounts spent on the measures.","sortOrder":90},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":"Mitigation deed binds holder’s successors","content":"### sec.70 Mitigation deed binds holder’s successors\n\nA mitigation deed binds each of the successors in law of the holder of each regional interests development approval who is a party to it, including successors for the area of the development approval.\na personal representative, successor in title, assign","sortOrder":92},{"sectionNumber":"pt.5","sectionType":"part","heading":"Appeals and declarations","content":"# Appeals and declarations","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.71 Definitions for pt 5\n\nIn this part—\naffected land owner , for a regional interests decision, means an owner of land ( affected land ) that may be adversely affected by the resource activity or regulated activity because of—\nthe proximity of the affected land to the land the subject of the decision; and\nthe impact the activity may have on an area of regional interest.\ncourt means the Planning and Environment Court.\ns 71 def court amd 2016 No. 27 s 427\nregional interests decision means each of the following decisions—\na decision to grant a regional interests development approval;\na decision to impose a condition on a regional interests development approval;\na decision to refuse all or part of an assessment application;\na decision to make, or refuse to make, a requested amendment to a regional interests development approval.\n- (a) the proximity of the affected land to the land the subject of the decision; and\n- (b) the impact the activity may have on an area of regional interest.\n- (a) a decision to grant a regional interests development approval;\n- (b) a decision to impose a condition on a regional interests development approval;\n- (c) a decision to refuse all or part of an assessment application;\n- (d) a decision to make, or refuse to make, a requested amendment to a regional interests development approval.","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":"Appeal to Planning and Environment Court","content":"### sec.72 Appeal to Planning and Environment Court\n\nThe following may appeal (an appeal ) against a regional interests decision to the court—\nthe applicant;\nif the applicant is not the owner of the land—the owner of the land;\nan affected land owner.\nSee the Planning and Environment Court Act 2016 for provisions about the powers, processes and procedures of the court.\ns 72 amd 2016 No. 27 s 428\n- (a) the applicant;\n- (b) if the applicant is not the owner of the land—the owner of the land;\n- (c) an affected land owner.","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":"Appeal period","content":"### sec.73 Appeal period\n\nAn appeal may be started only within 20 business days after—\nfor a person who received a decision notice, or a copy of a decision notice, for the decision—the notice was received; or\nfor an affected land owner for a regional interests decision—notice of the decision was published under section 52 .\nHowever, the court may at any time extend the time for starting the appeal.\n(sec.73-ssec.1) An appeal may be started only within 20 business days after— for a person who received a decision notice, or a copy of a decision notice, for the decision—the notice was received; or for an affected land owner for a regional interests decision—notice of the decision was published under section 52 .\n(sec.73-ssec.2) However, the court may at any time extend the time for starting the appeal.\n- (a) for a person who received a decision notice, or a copy of a decision notice, for the decision—the notice was received; or\n- (b) for an affected land owner for a regional interests decision—notice of the decision was published under section 52 .","sortOrder":96},{"sectionNumber":"sec.73A","sectionType":"section","heading":"How appeals are started","content":"### sec.73A How appeals are started\n\nAn appeal is started by lodging a written notice of appeal with the registrar of the court.\nThe notice of appeal must be in the approved form and succinctly state the grounds of the appeal.\ns 73A ins 2016 No. 27 s 429\n(sec.73A-ssec.1) An appeal is started by lodging a written notice of appeal with the registrar of the court.\n(sec.73A-ssec.2) The notice of appeal must be in the approved form and succinctly state the grounds of the appeal.","sortOrder":97},{"sectionNumber":"sec.74","sectionType":"section","heading":"Respondent for appeal","content":"### sec.74 Respondent for appeal\n\nThe chief executive is the respondent for the appeal.\nIf the appellant is not the applicant for the decision, the applicant is a co-respondent for the appeal.\nIf the appellant is not the owner of the land for the decision, the owner of the land may apply to the court to be a co-respondent for the appeal.\nIf the appeal is about an assessing agency’s response, the assessing agency is a co-respondent for the appeal.\nIf the appeal is only about an assessing agency’s response, the chief executive may apply to the court to withdraw from the appeal.\n(sec.74-ssec.1) The chief executive is the respondent for the appeal.\n(sec.74-ssec.2) If the appellant is not the applicant for the decision, the applicant is a co-respondent for the appeal.\n(sec.74-ssec.3) If the appellant is not the owner of the land for the decision, the owner of the land may apply to the court to be a co-respondent for the appeal.\n(sec.74-ssec.4) If the appeal is about an assessing agency’s response, the assessing agency is a co-respondent for the appeal.\n(sec.74-ssec.5) If the appeal is only about an assessing agency’s response, the chief executive may apply to the court to withdraw from the appeal.","sortOrder":98},{"sectionNumber":"sec.75","sectionType":"section","heading":"Notice of appeal to other parties","content":"### sec.75 Notice of appeal to other parties\n\nAn appellant must, within 10 business days after starting an appeal, give notice of the appeal to each of the following—\na respondent or co-respondent for the appeal;\nif the appellant is not the owner of land for the regional interests decision—the owner of the land.\nThe notice must state—\nthe grounds of the appeal; and\nif the person given the notice is the owner of the land—that the person may apply to the court to be a co-respondent for the appeal.\n(sec.75-ssec.1) An appellant must, within 10 business days after starting an appeal, give notice of the appeal to each of the following— a respondent or co-respondent for the appeal; if the appellant is not the owner of land for the regional interests decision—the owner of the land.\n(sec.75-ssec.2) The notice must state— the grounds of the appeal; and if the person given the notice is the owner of the land—that the person may apply to the court to be a co-respondent for the appeal.\n- (a) a respondent or co-respondent for the appeal;\n- (b) if the appellant is not the owner of land for the regional interests decision—the owner of the land.\n- (a) the grounds of the appeal; and\n- (b) if the person given the notice is the owner of the land—that the person may apply to the court to be a co-respondent for the appeal.","sortOrder":99},{"sectionNumber":"sec.76","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.76 Stay of operation of decision\n\nThe starting of an appeal does not stay the operation of the decision appealed against.\nHowever, the court may stay the operation of the decision to secure the effectiveness of the appeal.\nA stay—\nmay be given on reasonable conditions as the court considers appropriate; and\noperates until the first of the following happens—\nthe period fixed by the court ends;\nthe appeal is decided, withdrawn or dismissed; and\nmay be revoked or amended by the court.\n(sec.76-ssec.1) The starting of an appeal does not stay the operation of the decision appealed against.\n(sec.76-ssec.2) However, the court may stay the operation of the decision to secure the effectiveness of the appeal.\n(sec.76-ssec.3) A stay— may be given on reasonable conditions as the court considers appropriate; and operates until the first of the following happens— the period fixed by the court ends; the appeal is decided, withdrawn or dismissed; and may be revoked or amended by the court.\n- (a) may be given on reasonable conditions as the court considers appropriate; and\n- (b) operates until the first of the following happens— (i) the period fixed by the court ends; (ii) the appeal is decided, withdrawn or dismissed; and\n- (i) the period fixed by the court ends;\n- (ii) the appeal is decided, withdrawn or dismissed; and\n- (c) may be revoked or amended by the court.\n- (i) the period fixed by the court ends;\n- (ii) the appeal is decided, withdrawn or dismissed; and","sortOrder":100},{"sectionNumber":"sec.77","sectionType":"section","heading":"Who must prove case for appeal","content":"### sec.77 Who must prove case for appeal\n\nIn an appeal by the applicant for a regional interests decision, it is for the appellant to establish the appeal should be upheld.\nIn an appeal by either of the following, it is for the applicant for a regional interests decision to establish the appeal should be dismissed—\nif the applicant is not the owner of the land—the owner of the land;\nan affected land owner.\n(sec.77-ssec.1) In an appeal by the applicant for a regional interests decision, it is for the appellant to establish the appeal should be upheld.\n(sec.77-ssec.2) In an appeal by either of the following, it is for the applicant for a regional interests decision to establish the appeal should be dismissed— if the applicant is not the owner of the land—the owner of the land; an affected land owner.\n- (a) if the applicant is not the owner of the land—the owner of the land;\n- (b) an affected land owner.","sortOrder":101},{"sectionNumber":"sec.77A","sectionType":"section","heading":"Appeal decision","content":"### sec.77A Appeal decision\n\nIn deciding an appeal, the court must decide (the appeal decision ) to do 1 of the following for the regional interests decision appealed against—\nconfirm it;\nchange it;\nset it aside and—\nmake a decision replacing it; or\nreturn the matter to the entity that made the decision appealed against with directions the court considers appropriate.\nThe appeal decision may also include other orders, declarations or directions the court considers appropriate.\nThe appeal decision, other than to the extent it is an excluded decision, is taken, for this Act (other than this part), to have been made by the entity that made the decision appealed against.\nAn excluded decision is a decision—\nto confirm the decision appealed against; or\nto return the matter as mentioned in subsection (1) (c) (ii) .\ns 77A ins 2016 No. 27 s 430\n(sec.77A-ssec.1) In deciding an appeal, the court must decide (the appeal decision ) to do 1 of the following for the regional interests decision appealed against— confirm it; change it; set it aside and— make a decision replacing it; or return the matter to the entity that made the decision appealed against with directions the court considers appropriate.\n(sec.77A-ssec.2) The appeal decision may also include other orders, declarations or directions the court considers appropriate.\n(sec.77A-ssec.3) The appeal decision, other than to the extent it is an excluded decision, is taken, for this Act (other than this part), to have been made by the entity that made the decision appealed against.\n(sec.77A-ssec.4) An excluded decision is a decision— to confirm the decision appealed against; or to return the matter as mentioned in subsection (1) (c) (ii) .\n- (a) confirm it;\n- (b) change it;\n- (c) set it aside and— (i) make a decision replacing it; or (ii) return the matter to the entity that made the decision appealed against with directions the court considers appropriate.\n- (i) make a decision replacing it; or\n- (ii) return the matter to the entity that made the decision appealed against with directions the court considers appropriate.\n- (i) make a decision replacing it; or\n- (ii) return the matter to the entity that made the decision appealed against with directions the court considers appropriate.\n- (a) to confirm the decision appealed against; or\n- (b) to return the matter as mentioned in subsection (1) (c) (ii) .","sortOrder":102},{"sectionNumber":"sec.78","sectionType":"section","heading":"Declarations","content":"### sec.78 Declarations\n\nAny person may start a proceeding in the court seeking a declaration about any of the following—\na matter done, to be done or that should have been done under this Act;\nthe construction of—\nthis Act; or\na regional plan to the extent it relates to this Act;\nthe lawfulness, under this Act, of the carrying out of a resource activity or a regulated activity.\nThe court may also make an order about any declaration it makes under subsection (1) .\ns 78 amd 2016 No. 27 s 431\n(sec.78-ssec.1) Any person may start a proceeding in the court seeking a declaration about any of the following— a matter done, to be done or that should have been done under this Act; the construction of— this Act; or a regional plan to the extent it relates to this Act; the lawfulness, under this Act, of the carrying out of a resource activity or a regulated activity.\n(sec.78-ssec.2) The court may also make an order about any declaration it makes under subsection (1) .\n- (a) a matter done, to be done or that should have been done under this Act;\n- (b) the construction of— (i) this Act; or (ii) a regional plan to the extent it relates to this Act;\n- (i) this Act; or\n- (ii) a regional plan to the extent it relates to this Act;\n- (c) the lawfulness, under this Act, of the carrying out of a resource activity or a regulated activity.\n- (i) this Act; or\n- (ii) a regional plan to the extent it relates to this Act;","sortOrder":103},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":104},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":105},{"sectionNumber":"sec.79","sectionType":"section","heading":"Evidentiary aids generally","content":"### sec.79 Evidentiary aids generally\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\na stated document is—\na direction or decision, or a copy of a direction or decision, given or made under this Act; or\na notice or other document, or a copy of a notice or other document, given under this Act;\non a stated day, or during a stated period, a stated person was or was not the holder of a regional interests development approval for a stated resource activity or regulated activity;\non a stated day, or during a stated period, a regional interests development approval—\nwas or was not in force for a stated person, resource activity or regulated activity; or\nwas or was not subject to a stated condition;\non a stated day, a stated person was given a stated notice or direction under this Act;\na stated amount is payable under this Act by a stated person and has not been paid.\nA certificate purporting to be signed by the chief executive (environment) stating any of the following matters is evidence of the matter—\non a stated day, or during a stated period, a stated person was or was not the holder of an environmental authority for a stated resource activity or regulated activity;\non a stated day, or during a stated period, an environmental authority—\nwas or was not in force for a stated person, resource activity or regulated activity; or\nwas or was not subject to a stated condition.\nA certificate purporting to be signed by the chief executive of a department administering a resource Act stating any of the following matters is evidence of the matter—\non a stated day, or during a stated period, a stated person was or was not the holder of a resource authority under the resource Act for a stated resource activity;\non a stated day, or during a stated period, a resource authority under the resource Act—\nwas or was not in force for a stated person or resource activity; or\nwas or was not subject to a stated condition.\n(sec.79-ssec.1) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is— a direction or decision, or a copy of a direction or decision, given or made under this Act; or a notice or other document, or a copy of a notice or other document, given under this Act; on a stated day, or during a stated period, a stated person was or was not the holder of a regional interests development approval for a stated resource activity or regulated activity; on a stated day, or during a stated period, a regional interests development approval— was or was not in force for a stated person, resource activity or regulated activity; or was or was not subject to a stated condition; on a stated day, a stated person was given a stated notice or direction under this Act; a stated amount is payable under this Act by a stated person and has not been paid.\n(sec.79-ssec.2) A certificate purporting to be signed by the chief executive (environment) stating any of the following matters is evidence of the matter— on a stated day, or during a stated period, a stated person was or was not the holder of an environmental authority for a stated resource activity or regulated activity; on a stated day, or during a stated period, an environmental authority— was or was not in force for a stated person, resource activity or regulated activity; or was or was not subject to a stated condition.\n(sec.79-ssec.3) A certificate purporting to be signed by the chief executive of a department administering a resource Act stating any of the following matters is evidence of the matter— on a stated day, or during a stated period, a stated person was or was not the holder of a resource authority under the resource Act for a stated resource activity; on a stated day, or during a stated period, a resource authority under the resource Act— was or was not in force for a stated person or resource activity; or was or was not subject to a stated condition.\n- (a) a stated document is— (i) a direction or decision, or a copy of a direction or decision, given or made under this Act; or (ii) a notice or other document, or a copy of a notice or other document, given under this Act;\n- (i) a direction or decision, or a copy of a direction or decision, given or made under this Act; or\n- (ii) a notice or other document, or a copy of a notice or other document, given under this Act;\n- (b) on a stated day, or during a stated period, a stated person was or was not the holder of a regional interests development approval for a stated resource activity or regulated activity;\n- (c) on a stated day, or during a stated period, a regional interests development approval— (i) was or was not in force for a stated person, resource activity or regulated activity; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in force for a stated person, resource activity or regulated activity; or\n- (ii) was or was not subject to a stated condition;\n- (d) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (e) a stated amount is payable under this Act by a stated person and has not been paid.\n- (i) a direction or decision, or a copy of a direction or decision, given or made under this Act; or\n- (ii) a notice or other document, or a copy of a notice or other document, given under this Act;\n- (i) was or was not in force for a stated person, resource activity or regulated activity; or\n- (ii) was or was not subject to a stated condition;\n- (a) on a stated day, or during a stated period, a stated person was or was not the holder of an environmental authority for a stated resource activity or regulated activity;\n- (b) on a stated day, or during a stated period, an environmental authority— (i) was or was not in force for a stated person, resource activity or regulated activity; or (ii) was or was not subject to a stated condition.\n- (i) was or was not in force for a stated person, resource activity or regulated activity; or\n- (ii) was or was not subject to a stated condition.\n- (i) was or was not in force for a stated person, resource activity or regulated activity; or\n- (ii) was or was not subject to a stated condition.\n- (a) on a stated day, or during a stated period, a stated person was or was not the holder of a resource authority under the resource Act for a stated resource activity;\n- (b) on a stated day, or during a stated period, a resource authority under the resource Act— (i) was or was not in force for a stated person or resource activity; or (ii) was or was not subject to a stated condition.\n- (i) was or was not in force for a stated person or resource activity; or\n- (ii) was or was not subject to a stated condition.\n- (i) was or was not in force for a stated person or resource activity; or\n- (ii) was or was not subject to a stated condition.","sortOrder":106},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":107},{"sectionNumber":"sec.80","sectionType":"section","heading":"Division of offences against Act","content":"### sec.80 Division of offences against Act\n\nAn offence against this Act for which the maximum penalty is 500 penalty units or more is an indictable offence, and a crime.\nAny other offence against this Act is a summary offence.\n(sec.80-ssec.1) An offence against this Act for which the maximum penalty is 500 penalty units or more is an indictable offence, and a crime.\n(sec.80-ssec.2) Any other offence against this Act is a summary offence.","sortOrder":108},{"sectionNumber":"sec.81","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.81 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken summarily or on indictment.\nA magistrate must not hear an indictable offence summarily if, at any stage of the hearing, the magistrate is satisfied—\nthe defendant, if convicted, may not be adequately punished on summary conviction because of the nature or seriousness of the offence; or\non the application of the defendant, the offence should not be heard summarily because of exceptional circumstances.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty of imprisonment that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.\n(sec.81-ssec.1) A proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken summarily or on indictment.\n(sec.81-ssec.2) A magistrate must not hear an indictable offence summarily if, at any stage of the hearing, the magistrate is satisfied— the defendant, if convicted, may not be adequately punished on summary conviction because of the nature or seriousness of the offence; or on the application of the defendant, the offence should not be heard summarily because of exceptional circumstances.\n(sec.81-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .\n(sec.81-ssec.4) The maximum penalty of imprisonment that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.\n- (a) the defendant, if convicted, may not be adequately punished on summary conviction because of the nature or seriousness of the offence; or\n- (b) on the application of the defendant, the offence should not be heard summarily because of exceptional circumstances.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .","sortOrder":109},{"sectionNumber":"sec.82","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.82 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order under the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.82-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.82-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order under the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":110},{"sectionNumber":"sec.83","sectionType":"section","heading":"Proceeding for summary offences","content":"### sec.83 Proceeding for summary offences\n\nA proceeding for a summary offence against this Act must start within the later of the following periods to end—\n1 year after the commission of the offence;\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.\nFor subsection (1) , an offence under part 2 does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence.\nIn this section—\nremotely sensed image means information acquired about an object or phenomenon without making physical contact with it.\nan image obtained by using aerial sensor technology to detect or classify the object or phenomenon by way of electromagnetic radiation emitted from aircraft or satellites or other propagated signals\n(sec.83-ssec.1) A proceeding for a summary offence against this Act must start within the later of the following periods to end— 1 year after the commission of the offence; within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.\n(sec.83-ssec.2) For subsection (1) , an offence under part 2 does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence.\n(sec.83-ssec.3) In this section— remotely sensed image means information acquired about an object or phenomenon without making physical contact with it. an image obtained by using aerial sensor technology to detect or classify the object or phenomenon by way of electromagnetic radiation emitted from aircraft or satellites or other propagated signals\n- (a) 1 year after the commission of the offence;\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.","sortOrder":111},{"sectionNumber":"sec.84","sectionType":"section","heading":"Alternative offences","content":"### sec.84 Alternative offences\n\nThis section applies if—\na section of this Act provides that an offence against a subsection of the section (the smaller offence ) is an alternative offence for an offence against another subsection of the section (the larger offence ); and\nin a proceeding for an offence against the larger offence, the trier of fact—\nis not satisfied the defendant is guilty of the larger offence; but\nis satisfied the defendant is guilty of the smaller offence.\nThe trier of fact may find the defendant guilty of the smaller offence.\nIf the defendant is found guilty of the smaller offence, the defendant is liable to be punished for the smaller offence.\nTo remove any doubt, it is declared that—\nthis section applies regardless of whether—\nthe proceeding for the larger offence is summary or on indictment; or\nthe trier of fact is a judge or a jury; and\nthis section applies even if an indictment for the larger offence does not include the smaller offence.\n(sec.84-ssec.1) This section applies if— a section of this Act provides that an offence against a subsection of the section (the smaller offence ) is an alternative offence for an offence against another subsection of the section (the larger offence ); and in a proceeding for an offence against the larger offence, the trier of fact— is not satisfied the defendant is guilty of the larger offence; but is satisfied the defendant is guilty of the smaller offence.\n(sec.84-ssec.2) The trier of fact may find the defendant guilty of the smaller offence.\n(sec.84-ssec.3) If the defendant is found guilty of the smaller offence, the defendant is liable to be punished for the smaller offence.\n(sec.84-ssec.4) To remove any doubt, it is declared that— this section applies regardless of whether— the proceeding for the larger offence is summary or on indictment; or the trier of fact is a judge or a jury; and this section applies even if an indictment for the larger offence does not include the smaller offence.\n- (a) a section of this Act provides that an offence against a subsection of the section (the smaller offence ) is an alternative offence for an offence against another subsection of the section (the larger offence ); and\n- (b) in a proceeding for an offence against the larger offence, the trier of fact— (i) is not satisfied the defendant is guilty of the larger offence; but (ii) is satisfied the defendant is guilty of the smaller offence.\n- (i) is not satisfied the defendant is guilty of the larger offence; but\n- (ii) is satisfied the defendant is guilty of the smaller offence.\n- (i) is not satisfied the defendant is guilty of the larger offence; but\n- (ii) is satisfied the defendant is guilty of the smaller offence.\n- (a) this section applies regardless of whether— (i) the proceeding for the larger offence is summary or on indictment; or (ii) the trier of fact is a judge or a jury; and\n- (i) the proceeding for the larger offence is summary or on indictment; or\n- (ii) the trier of fact is a judge or a jury; and\n- (b) this section applies even if an indictment for the larger offence does not include the smaller offence.\n- (i) the proceeding for the larger offence is summary or on indictment; or\n- (ii) the trier of fact is a judge or a jury; and","sortOrder":112},{"sectionNumber":"sec.85","sectionType":"section","heading":"Court may make orders","content":"### sec.85 Court may make orders\n\nA court hearing a proceeding for an offence against this Act may make an order in relation to the defendant as the court considers appropriate.\nThe order may be in addition to, or in substitution for, any penalty the court may otherwise impose.\nThe order may, for example, require the defendant—\nto stop carrying out a resource activity or regulated activity; or\nto demolish or remove from the land stated buildings, structures, plant or equipment related to the carrying out of a resource activity or regulated activity; or\nto restore, as far as practicable, land to the condition the land was in before the carrying out of a resource activity or regulated activity started; or\nto do, or not to do, another act to ensure a resource activity or regulated activity complies with a regional interests development approval; or\nfor a resource activity or regulated activity that has started—to apply for a regional interests development approval.\nThe order must state the date by, or period within, which the order must be complied with.\nA person must comply with the order unless the person has a reasonable excuse.\nMaximum penalty—1,665 penalty units or imprisonment for 12 months.\n(sec.85-ssec.1) A court hearing a proceeding for an offence against this Act may make an order in relation to the defendant as the court considers appropriate.\n(sec.85-ssec.2) The order may be in addition to, or in substitution for, any penalty the court may otherwise impose.\n(sec.85-ssec.3) The order may, for example, require the defendant— to stop carrying out a resource activity or regulated activity; or to demolish or remove from the land stated buildings, structures, plant or equipment related to the carrying out of a resource activity or regulated activity; or to restore, as far as practicable, land to the condition the land was in before the carrying out of a resource activity or regulated activity started; or to do, or not to do, another act to ensure a resource activity or regulated activity complies with a regional interests development approval; or for a resource activity or regulated activity that has started—to apply for a regional interests development approval.\n(sec.85-ssec.4) The order must state the date by, or period within, which the order must be complied with.\n(sec.85-ssec.5) A person must comply with the order unless the person has a reasonable excuse. Maximum penalty—1,665 penalty units or imprisonment for 12 months.\n- (a) to stop carrying out a resource activity or regulated activity; or\n- (b) to demolish or remove from the land stated buildings, structures, plant or equipment related to the carrying out of a resource activity or regulated activity; or\n- (c) to restore, as far as practicable, land to the condition the land was in before the carrying out of a resource activity or regulated activity started; or\n- (d) to do, or not to do, another act to ensure a resource activity or regulated activity complies with a regional interests development approval; or\n- (e) for a resource activity or regulated activity that has started—to apply for a regional interests development approval.","sortOrder":113},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Investigation and enforcement","content":"## Investigation and enforcement","sortOrder":114},{"sectionNumber":"sec.86","sectionType":"section","heading":"Authorised persons under the Vegetation Management Act 1999","content":"### sec.86 Authorised persons under the Vegetation Management Act 1999\n\nThis section applies for a priority agricultural area and the strategic cropping area.\nThe functions of an authorised person (natural resources) under the Vegetation Management Act 1999 include to ensure compliance with this Act (the further function ).\nFor the purposes of subsection (2) —\nan authorised person (natural resources) may exercise the person’s powers under the Vegetation Management Act 1999 , part 3 (other than part 3 , division 1 , subdivisions 7 and 8 ) to perform the further function; and\nan authorised person (natural resources) may enter a place under section 30 of that Act if the place is—\nthe subject of a regional interests development approval; and\nentered during daylight hours; and\non an application by an authorised person (natural resources), a magistrate may issue a warrant for a place under section 33 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place or, within the next 7 days, may be at the place.\nIn this section—\nauthorised person (natural resources) means an authorised officer under the Vegetation Management Act 1999 .\n(sec.86-ssec.1) This section applies for a priority agricultural area and the strategic cropping area.\n(sec.86-ssec.2) The functions of an authorised person (natural resources) under the Vegetation Management Act 1999 include to ensure compliance with this Act (the further function ).\n(sec.86-ssec.3) For the purposes of subsection (2) — an authorised person (natural resources) may exercise the person’s powers under the Vegetation Management Act 1999 , part 3 (other than part 3 , division 1 , subdivisions 7 and 8 ) to perform the further function; and an authorised person (natural resources) may enter a place under section 30 of that Act if the place is— the subject of a regional interests development approval; and entered during daylight hours; and on an application by an authorised person (natural resources), a magistrate may issue a warrant for a place under section 33 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place or, within the next 7 days, may be at the place.\n(sec.86-ssec.4) In this section— authorised person (natural resources) means an authorised officer under the Vegetation Management Act 1999 .\n- (a) an authorised person (natural resources) may exercise the person’s powers under the Vegetation Management Act 1999 , part 3 (other than part 3 , division 1 , subdivisions 7 and 8 ) to perform the further function; and\n- (b) an authorised person (natural resources) may enter a place under section 30 of that Act if the place is— (i) the subject of a regional interests development approval; and (ii) entered during daylight hours; and\n- (i) the subject of a regional interests development approval; and\n- (ii) entered during daylight hours; and\n- (c) on an application by an authorised person (natural resources), a magistrate may issue a warrant for a place under section 33 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (ii) the evidence is at the place or, within the next 7 days, may be at the place.\n- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (ii) the evidence is at the place or, within the next 7 days, may be at the place.\n- (i) the subject of a regional interests development approval; and\n- (ii) entered during daylight hours; and\n- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (ii) the evidence is at the place or, within the next 7 days, may be at the place.","sortOrder":115},{"sectionNumber":"sec.87","sectionType":"section","heading":"Authorised persons under a Local Government Act","content":"### sec.87 Authorised persons under a Local Government Act\n\nThis section applies for a priority living area.\nThe functions of an authorised person (local government) under the Local Government Act 2009 or the City of Brisbane Act 2010 include to ensure compliance with this Act (the further function ).\nFor the purposes of subsection (2) —\nan authorised person under the Local Government Act 2009 may exercise the person’s powers under chapter 5 , part 2 , division 1 of that Act to perform the further function; and\nan authorised person under the City of Brisbane Act 2010 may exercise the person’s powers under chapter 5 , part 2 , division 1 of that Act to perform the further function; and\non an application by an authorised person (local government), a magistrate may issue a warrant for a place under section 130 of the Local Government Act 2009 or section 119 of the City of Brisbane Act 2010 only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place or, within the next 7 days, may be at the place; and\na reference in the Local Government Act 2009 or the City of Brisbane Act 2010 to the Local Government Acts is taken to include a reference to this Act.\nIn this section—\nauthorised person (local government) means an authorised person under the Local Government Act 2009 or the City of Brisbane Act 2010 .\n(sec.87-ssec.1) This section applies for a priority living area.\n(sec.87-ssec.2) The functions of an authorised person (local government) under the Local Government Act 2009 or the City of Brisbane Act 2010 include to ensure compliance with this Act (the further function ).\n(sec.87-ssec.3) For the purposes of subsection (2) — an authorised person under the Local Government Act 2009 may exercise the person’s powers under chapter 5 , part 2 , division 1 of that Act to perform the further function; and an authorised person under the City of Brisbane Act 2010 may exercise the person’s powers under chapter 5 , part 2 , division 1 of that Act to perform the further function; and on an application by an authorised person (local government), a magistrate may issue a warrant for a place under section 130 of the Local Government Act 2009 or section 119 of the City of Brisbane Act 2010 only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place or, within the next 7 days, may be at the place; and a reference in the Local Government Act 2009 or the City of Brisbane Act 2010 to the Local Government Acts is taken to include a reference to this Act.\n(sec.87-ssec.4) In this section— authorised person (local government) means an authorised person under the Local Government Act 2009 or the City of Brisbane Act 2010 .\n- (a) an authorised person under the Local Government Act 2009 may exercise the person’s powers under chapter 5 , part 2 , division 1 of that Act to perform the further function; and\n- (b) an authorised person under the City of Brisbane Act 2010 may exercise the person’s powers under chapter 5 , part 2 , division 1 of that Act to perform the further function; and\n- (c) on an application by an authorised person (local government), a magistrate may issue a warrant for a place under section 130 of the Local Government Act 2009 or section 119 of the City of Brisbane Act 2010 only if the magistrate is satisfied there are reasonable grounds for suspecting— (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (ii) the evidence is at the place or, within the next 7 days, may be at the place; and\n- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (ii) the evidence is at the place or, within the next 7 days, may be at the place; and\n- (d) a reference in the Local Government Act 2009 or the City of Brisbane Act 2010 to the Local Government Acts is taken to include a reference to this Act.\n- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (ii) the evidence is at the place or, within the next 7 days, may be at the place; and","sortOrder":116},{"sectionNumber":"sec.88","sectionType":"section","heading":"Authorised persons under the Environmental Protection Act","content":"### sec.88 Authorised persons under the Environmental Protection Act\n\nThis section applies for a strategic environmental area.\nThe functions of an authorised person (environment) under the Environmental Protection Act include to ensure compliance with this Act (the further function ).\nFor the purposes of subsection (2) —\nan authorised person (environment) may exercise the person’s powers under the Environmental Protection Act, chapter 9 to perform the further function; and\nan authorised person (environment) may enter a place under section 452 of that Act if the place is—\nthe subject of a regional interests development approval; and\nentered during daylight hours; and\non an application by an authorised person (environment), a magistrate may issue a warrant for a place under section 456 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place or, within the next 7 days, may be at the place.\nIn this section—\nauthorised person (environment) means an authorised person under the Environmental Protection Act.\n(sec.88-ssec.1) This section applies for a strategic environmental area.\n(sec.88-ssec.2) The functions of an authorised person (environment) under the Environmental Protection Act include to ensure compliance with this Act (the further function ).\n(sec.88-ssec.3) For the purposes of subsection (2) — an authorised person (environment) may exercise the person’s powers under the Environmental Protection Act, chapter 9 to perform the further function; and an authorised person (environment) may enter a place under section 452 of that Act if the place is— the subject of a regional interests development approval; and entered during daylight hours; and on an application by an authorised person (environment), a magistrate may issue a warrant for a place under section 456 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place or, within the next 7 days, may be at the place.\n(sec.88-ssec.4) In this section— authorised person (environment) means an authorised person under the Environmental Protection Act.\n- (a) an authorised person (environment) may exercise the person’s powers under the Environmental Protection Act, chapter 9 to perform the further function; and\n- (b) an authorised person (environment) may enter a place under section 452 of that Act if the place is— (i) the subject of a regional interests development approval; and (ii) entered during daylight hours; and\n- (i) the subject of a regional interests development approval; and\n- (ii) entered during daylight hours; and\n- (c) on an application by an authorised person (environment), a magistrate may issue a warrant for a place under section 456 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (ii) the evidence is at the place or, within the next 7 days, may be at the place.\n- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (ii) the evidence is at the place or, within the next 7 days, may be at the place.\n- (i) the subject of a regional interests development approval; and\n- (ii) entered during daylight hours; and\n- (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (ii) the evidence is at the place or, within the next 7 days, may be at the place.","sortOrder":117},{"sectionNumber":"sec.89","sectionType":"section","heading":"Ministerial direction to investigate","content":"### sec.89 Ministerial direction to investigate\n\nThe Minister may, by notice, direct the relevant chief executive to cause an authorised person to exercise the person’s functions under section 86 , 87 or 88 in relation to a stated matter related to ensuring compliance with this Act.\nThe department’s annual report must include details of each direction given under this section during the year.\n(sec.89-ssec.1) The Minister may, by notice, direct the relevant chief executive to cause an authorised person to exercise the person’s functions under section 86 , 87 or 88 in relation to a stated matter related to ensuring compliance with this Act.\n(sec.89-ssec.2) The department’s annual report must include details of each direction given under this section during the year.","sortOrder":118},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":119},{"sectionNumber":"sec.90","sectionType":"section","heading":"Guidelines","content":"### sec.90 Guidelines\n\nThe chief executive may make guidelines giving advice about—\nassessment applications; or\nprescribed criteria for deciding assessment applications.\nThe chief executive must publish any guidelines made under subsection (1) on the department’s website.\n(sec.90-ssec.1) The chief executive may make guidelines giving advice about— assessment applications; or prescribed criteria for deciding assessment applications.\n(sec.90-ssec.2) The chief executive must publish any guidelines made under subsection (1) on the department’s website.\n- (a) assessment applications; or\n- (b) prescribed criteria for deciding assessment applications.","sortOrder":120},{"sectionNumber":"sec.91","sectionType":"section","heading":"No compensation because of Act","content":"### sec.91 No compensation because of Act\n\nNo compensation is payable by the State or an official—\nfor, or in connection with, the enactment, making or operation of this Act or any statutory instrument under it; or\nbecause the carrying out of an activity is made unlawful, or is conditional or restricted, under this Act.\nIn this section—\ncompensation means any amount, whether by way of compensation, reimbursement or otherwise.\n(sec.91-ssec.1) No compensation is payable by the State or an official— for, or in connection with, the enactment, making or operation of this Act or any statutory instrument under it; or because the carrying out of an activity is made unlawful, or is conditional or restricted, under this Act.\n(sec.91-ssec.2) In this section— compensation means any amount, whether by way of compensation, reimbursement or otherwise.\n- (a) for, or in connection with, the enactment, making or operation of this Act or any statutory instrument under it; or\n- (b) because the carrying out of an activity is made unlawful, or is conditional or restricted, under this Act.","sortOrder":121},{"sectionNumber":"sec.92","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.92 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified public service employee.","sortOrder":122},{"sectionNumber":"sec.93","sectionType":"section","heading":"Protection of officials from liability","content":"### sec.93 Protection of officials from liability\n\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability instead attaches to the State.\nIn this section—\nofficial means any of the following—\nthe Minister;\nthe chief executive;\nan assessing agency.\n(sec.93-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.93-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability instead attaches to the State.\n(sec.93-ssec.3) In this section— official means any of the following— the Minister; the chief executive; an assessing agency.\n- (a) the Minister;\n- (b) the chief executive;\n- (c) an assessing agency.","sortOrder":123},{"sectionNumber":"sec.94","sectionType":"section","heading":"Approved forms","content":"### sec.94 Approved forms\n\nThe chief executive may approve forms for use under this Act.\nA form approved for use under this Act may be combined with, or used together with, an approved form under another Act.\n(sec.94-ssec.1) The chief executive may approve forms for use under this Act.\n(sec.94-ssec.2) A form approved for use under this Act may be combined with, or used together with, an approved form under another Act.","sortOrder":124},{"sectionNumber":"sec.95","sectionType":"section","heading":"Regulation-making power","content":"### sec.95 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may provide—\nfor fees payable under this Act and the matters for which they are payable; and\nfor a maximum penalty of 20 penalty units for contravention of the regulation.\n(sec.95-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.95-ssec.2) A regulation may provide— for fees payable under this Act and the matters for which they are payable; and for a maximum penalty of 20 penalty units for contravention of the regulation.\n- (a) for fees payable under this Act and the matters for which they are payable; and\n- (b) for a maximum penalty of 20 penalty units for contravention of the regulation.","sortOrder":125},{"sectionNumber":"pt.7","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":126},{"sectionNumber":"sec.96","sectionType":"section","heading":"Repeal","content":"### sec.96 Repeal\n\nThe Strategic Cropping Land Act 2011, No. 47 is repealed.","sortOrder":127},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions for repeal of Strategic Cropping Land Act 2011","content":"# Transitional provisions for repeal of Strategic Cropping Land Act 2011","sortOrder":128},{"sectionNumber":"sec.97","sectionType":"section","heading":"Definitions for pt 8","content":"### sec.97 Definitions for pt 8\n\nIn this part—\ncommencement means the day on which the provision in which the term is used commences.\nmitigation fund see the repealed Act, section 148.\nrepealed Act means the repealed Strategic Cropping Land Act 2011 .\nSCL protection decision see the repealed Act, section 91(1)(b).\ntransitioned decision means a decision for which an information notice was given under the repealed Act, section 102 or 105(6).","sortOrder":129},{"sectionNumber":"sec.98","sectionType":"section","heading":"Validation application","content":"### sec.98 Validation application\n\nThis section applies to a validation application made under the repealed Act, section 40 if, at the commencement, the application had not been decided, withdrawn or lapsed.\nThe chief executive (natural resources) must deal with and decide, or continue to deal with and decide, the validation application under the repealed Act as if this Act has not been enacted.\nAfter making a decision about a validation application, the chief executive (natural resources) must ensure the SCL trigger map under this Act is consistent with the decision by, if necessary, amending the map—\nif the decision is to record any of the land the subject of the application as SCL—to include the land as an area, or part of an area, in the strategic cropping area shown on the map; and\nif the decision is to record any of the land as decided non-SCL—to remove the land from the strategic cropping area shown on the map.\nIn this section—\ndecided non-SCL see the repealed Act, section 9(3).\nSCL see the repealed Act, section 9(2).\nvalidation application see the repealed Act, section 40(1).\n(sec.98-ssec.1) This section applies to a validation application made under the repealed Act, section 40 if, at the commencement, the application had not been decided, withdrawn or lapsed.\n(sec.98-ssec.2) The chief executive (natural resources) must deal with and decide, or continue to deal with and decide, the validation application under the repealed Act as if this Act has not been enacted.\n(sec.98-ssec.3) After making a decision about a validation application, the chief executive (natural resources) must ensure the SCL trigger map under this Act is consistent with the decision by, if necessary, amending the map— if the decision is to record any of the land the subject of the application as SCL—to include the land as an area, or part of an area, in the strategic cropping area shown on the map; and if the decision is to record any of the land as decided non-SCL—to remove the land from the strategic cropping area shown on the map.\n(sec.98-ssec.4) In this section— decided non-SCL see the repealed Act, section 9(3). SCL see the repealed Act, section 9(2). validation application see the repealed Act, section 40(1).\n- (a) if the decision is to record any of the land the subject of the application as SCL—to include the land as an area, or part of an area, in the strategic cropping area shown on the map; and\n- (b) if the decision is to record any of the land as decided non-SCL—to remove the land from the strategic cropping area shown on the map.","sortOrder":130},{"sectionNumber":"sec.99","sectionType":"section","heading":"Resource activities excluded from repealed Act are exempt resource activities","content":"### sec.99 Resource activities excluded from repealed Act are exempt resource activities\n\nA resource activity is an exempt resource activity for the strategic cropping area under this Act if the environmental authority or resource authority for the activity was issued or granted—\nbefore 30 January 2012; or\nas a result of an application that was excluded under the repealed Act, chapter 9, part 3, division 2 or 3.\n- (a) before 30 January 2012; or\n- (b) as a result of an application that was excluded under the repealed Act, chapter 9, part 3, division 2 or 3.","sortOrder":131},{"sectionNumber":"sec.100","sectionType":"section","heading":"Conditions imposed for future environmental authority or mining lease relating to EPC 891","content":"### sec.100 Conditions imposed for future environmental authority or mining lease relating to EPC 891\n\nThis section applies for any environmental authority or mining lease granted because of an application for an environmental authority or a mining lease relating to EPC 891.\nIt is a condition of the lease that no open cut mining can be carried out under the lease.\nIt is a condition of the environmental authority that its holder must use all reasonable endeavours to rehabilitate all impacts on the land from underground coal mining carried out under the lease.\nThis section does not limit or otherwise affect a power under this Act, the Mineral Resources Act 1989 or the Environmental Protection Act to impose other conditions on the lease or authority, or a resource activity for the lease or authority, that are not inconsistent with these conditions.\nIn this section—\nEPC means an exploration permit for coal under the Mineral Resources Act 1989 .\nmining lease means a mining lease under the Mineral Resources Act 1989 .\n(sec.100-ssec.1) This section applies for any environmental authority or mining lease granted because of an application for an environmental authority or a mining lease relating to EPC 891.\n(sec.100-ssec.2) It is a condition of the lease that no open cut mining can be carried out under the lease.\n(sec.100-ssec.3) It is a condition of the environmental authority that its holder must use all reasonable endeavours to rehabilitate all impacts on the land from underground coal mining carried out under the lease.\n(sec.100-ssec.4) This section does not limit or otherwise affect a power under this Act, the Mineral Resources Act 1989 or the Environmental Protection Act to impose other conditions on the lease or authority, or a resource activity for the lease or authority, that are not inconsistent with these conditions.\n(sec.100-ssec.5) In this section— EPC means an exploration permit for coal under the Mineral Resources Act 1989 . mining lease means a mining lease under the Mineral Resources Act 1989 .","sortOrder":132},{"sectionNumber":"sec.101","sectionType":"section","heading":"Application for SCL protection decision","content":"### sec.101 Application for SCL protection decision\n\nThis section applies to an application for an SCL protection decision for a resource activity made under the repealed Act, section 95 if—\nat the commencement, the application had not been decided or withdrawn; and\nthe application is for a resource activity in an area that is in the strategic cropping area under this Act.\nThe chief executive (natural resources) must deal with and decide, or continue to deal with and decide, the application under the repealed Act as if this Act has not been enacted.\n(sec.101-ssec.1) This section applies to an application for an SCL protection decision for a resource activity made under the repealed Act, section 95 if— at the commencement, the application had not been decided or withdrawn; and the application is for a resource activity in an area that is in the strategic cropping area under this Act.\n(sec.101-ssec.2) The chief executive (natural resources) must deal with and decide, or continue to deal with and decide, the application under the repealed Act as if this Act has not been enacted.\n- (a) at the commencement, the application had not been decided or withdrawn; and\n- (b) the application is for a resource activity in an area that is in the strategic cropping area under this Act.","sortOrder":133},{"sectionNumber":"sec.102","sectionType":"section","heading":"SCL protection decision","content":"### sec.102 SCL protection decision\n\nThis section applies to each of the following SCL protection decisions, to the extent the decision is for a resource activity in an area that is in the strategic cropping area under this Act—\none for a resource activity made under the repealed Act;\none made as a result of an application mentioned in section 101;\none made as a result of an appeal mentioned in section 105 or 106.\nThe applicant for the decision is taken to have been issued a regional interests development approval (the transitioned approval ) for the resource activity in the strategic cropping area.\nTo the extent the decision imposed an SCL protection condition prohibiting the carrying out of all or part of the resource activity—\nsubsection (2) does not apply; and\nthe carrying out of the activity, or part of the activity, is taken to have been the subject of an assessment application, or part of an application, refused under section 48.\nAn SCL protection condition imposed by the decision, other than an SCL condition mentioned in subsection (3) or a financial assurance condition, is taken to be a regional interests condition imposed on the transitioned authority.\nA condition mentioned in subsection (4) stops being a condition of an environmental authority or a resource authority for the resource activity.\nUnder the repealed Act, section 103, an SCL condition is taken to be a condition of a relevant environmental authority or resource authority.\nThe chief executive may issue, under section 53, a regional interests development approval to the applicant for the transitioned approval.\nIn this section—\napplicant means a person who applied for the decision.\nfinancial assurance condition see the repealed Act, section 100(4).\nSCL protection conditions —\nSee the repealed Act, section 99(1)(b).\nSCL protections conditions includes a condition mentioned in paragraph 1 as imposed or amended as a result of an appeal mentioned in section 105 or 106.\n(sec.102-ssec.1) This section applies to each of the following SCL protection decisions, to the extent the decision is for a resource activity in an area that is in the strategic cropping area under this Act— one for a resource activity made under the repealed Act; one made as a result of an application mentioned in section 101; one made as a result of an appeal mentioned in section 105 or 106.\n(sec.102-ssec.2) The applicant for the decision is taken to have been issued a regional interests development approval (the transitioned approval ) for the resource activity in the strategic cropping area.\n(sec.102-ssec.3) To the extent the decision imposed an SCL protection condition prohibiting the carrying out of all or part of the resource activity— subsection (2) does not apply; and the carrying out of the activity, or part of the activity, is taken to have been the subject of an assessment application, or part of an application, refused under section 48.\n(sec.102-ssec.4) An SCL protection condition imposed by the decision, other than an SCL condition mentioned in subsection (3) or a financial assurance condition, is taken to be a regional interests condition imposed on the transitioned authority.\n(sec.102-ssec.5) A condition mentioned in subsection (4) stops being a condition of an environmental authority or a resource authority for the resource activity. Under the repealed Act, section 103, an SCL condition is taken to be a condition of a relevant environmental authority or resource authority.\n(sec.102-ssec.6) The chief executive may issue, under section 53, a regional interests development approval to the applicant for the transitioned approval.\n(sec.102-ssec.7) In this section— applicant means a person who applied for the decision. financial assurance condition see the repealed Act, section 100(4). SCL protection conditions — See the repealed Act, section 99(1)(b). SCL protections conditions includes a condition mentioned in paragraph 1 as imposed or amended as a result of an appeal mentioned in section 105 or 106.\n- (a) one for a resource activity made under the repealed Act;\n- (b) one made as a result of an application mentioned in section 101;\n- (c) one made as a result of an appeal mentioned in section 105 or 106.\n- (a) subsection (2) does not apply; and\n- (b) the carrying out of the activity, or part of the activity, is taken to have been the subject of an assessment application, or part of an application, refused under section 48.\n- 1 See the repealed Act, section 99(1)(b).\n- 2 SCL protections conditions includes a condition mentioned in paragraph 1 as imposed or amended as a result of an appeal mentioned in section 105 or 106.","sortOrder":134},{"sectionNumber":"sec.103","sectionType":"section","heading":"SCL compliance certificate","content":"### sec.103 SCL compliance certificate\n\nThis section applies to an SCL compliance certificate, to the extent the certificate relates to a resource activity in an area that is in the strategic cropping area under this Act.\nThe person who holds the SCL compliance certificate is taken to have been issued a regional interests development approval (the transitioned approval ) for the resource activity.\nThe conditions under the standard conditions code for carrying out the resource activity are taken to be regional interests conditions imposed on the transitioned authority.\nThe chief executive may issue, under section 53, a regional interests development approval to the applicant for the transitioned approval.\nIn this section—\nSCL compliance certificate see the repealed Act, section 116.\nstandard conditions code means the standard conditions code in force under the repealed Act immediately before its repeal.\n(sec.103-ssec.1) This section applies to an SCL compliance certificate, to the extent the certificate relates to a resource activity in an area that is in the strategic cropping area under this Act.\n(sec.103-ssec.2) The person who holds the SCL compliance certificate is taken to have been issued a regional interests development approval (the transitioned approval ) for the resource activity.\n(sec.103-ssec.3) The conditions under the standard conditions code for carrying out the resource activity are taken to be regional interests conditions imposed on the transitioned authority.\n(sec.103-ssec.4) The chief executive may issue, under section 53, a regional interests development approval to the applicant for the transitioned approval.\n(sec.103-ssec.5) In this section— SCL compliance certificate see the repealed Act, section 116. standard conditions code means the standard conditions code in force under the repealed Act immediately before its repeal.","sortOrder":135},{"sectionNumber":"sec.104","sectionType":"section","heading":"Mitigation requirements","content":"### sec.104 Mitigation requirements\n\nThis section applies if, immediately before the commencement, under the repealed Act, section 104(2), it is taken to be a condition of a resource authority that its holder must comply with the mitigation requirement (the transitioned mitigation requirement ).\nThe transitioned mitigation requirement is taken to be an SCL mitigation condition imposed on a regional interests development approval issued to the resource activity holder under section 102.\nFor subsection (2)—\na payment made to the mitigation fund under the repealed Act for the mitigation requirement is taken to be a payment made to the mitigation fund under part 4 of this Act for the SCL mitigation condition; and\na mitigation deed entered into under the repealed Act for the mitigation requirement is taken to be a mitigation deed entered into under part 4 of this Act for the SCL mitigation condition.\nIn this section—\nmitigation requirement see the repealed Act, section 11(7).\n(sec.104-ssec.1) This section applies if, immediately before the commencement, under the repealed Act, section 104(2), it is taken to be a condition of a resource authority that its holder must comply with the mitigation requirement (the transitioned mitigation requirement ).\n(sec.104-ssec.2) The transitioned mitigation requirement is taken to be an SCL mitigation condition imposed on a regional interests development approval issued to the resource activity holder under section 102.\n(sec.104-ssec.3) For subsection (2)— a payment made to the mitigation fund under the repealed Act for the mitigation requirement is taken to be a payment made to the mitigation fund under part 4 of this Act for the SCL mitigation condition; and a mitigation deed entered into under the repealed Act for the mitigation requirement is taken to be a mitigation deed entered into under part 4 of this Act for the SCL mitigation condition.\n(sec.104-ssec.4) In this section— mitigation requirement see the repealed Act, section 11(7).\n- (a) a payment made to the mitigation fund under the repealed Act for the mitigation requirement is taken to be a payment made to the mitigation fund under part 4 of this Act for the SCL mitigation condition; and\n- (b) a mitigation deed entered into under the repealed Act for the mitigation requirement is taken to be a mitigation deed entered into under part 4 of this Act for the SCL mitigation condition.","sortOrder":136},{"sectionNumber":"sec.105","sectionType":"section","heading":"Right of appeal on commencement","content":"### sec.105 Right of appeal on commencement\n\nThis section applies if, on the commencement—\na person had a right to appeal against a transitioned decision that relates to the carrying out of a resource activity in an area that is in the strategic cropping area under this Act; and\nthe person had not started the appeal.\nThe person may appeal against the decision and the Land Court must hear and decide the appeal as if this Act has not been enacted.\n(sec.105-ssec.1) This section applies if, on the commencement— a person had a right to appeal against a transitioned decision that relates to the carrying out of a resource activity in an area that is in the strategic cropping area under this Act; and the person had not started the appeal.\n(sec.105-ssec.2) The person may appeal against the decision and the Land Court must hear and decide the appeal as if this Act has not been enacted.\n- (a) a person had a right to appeal against a transitioned decision that relates to the carrying out of a resource activity in an area that is in the strategic cropping area under this Act; and\n- (b) the person had not started the appeal.","sortOrder":137},{"sectionNumber":"sec.106","sectionType":"section","heading":"Appeals started at commencement","content":"### sec.106 Appeals started at commencement\n\nThis section applies if—\na person started an SCL appeal before the commencement; and\nthe appeal is against a transitioned decision that relates to the carrying out of a resource activity in an area that is in the strategic cropping area under this Act; and\non the commencement the appeal has not been decided or withdrawn.\nThe Land Court must hear and decide, or continue to hear and decide, the SCL appeal as if this Act has not been enacted.\nIn this section—\nSCL appeal means an appeal to the Land Court under the repealed Act, section 109 against a transitioned decision.\n(sec.106-ssec.1) This section applies if— a person started an SCL appeal before the commencement; and the appeal is against a transitioned decision that relates to the carrying out of a resource activity in an area that is in the strategic cropping area under this Act; and on the commencement the appeal has not been decided or withdrawn.\n(sec.106-ssec.2) The Land Court must hear and decide, or continue to hear and decide, the SCL appeal as if this Act has not been enacted.\n(sec.106-ssec.3) In this section— SCL appeal means an appeal to the Land Court under the repealed Act, section 109 against a transitioned decision.\n- (a) a person started an SCL appeal before the commencement; and\n- (b) the appeal is against a transitioned decision that relates to the carrying out of a resource activity in an area that is in the strategic cropping area under this Act; and\n- (c) on the commencement the appeal has not been decided or withdrawn.","sortOrder":138},{"sectionNumber":"sec.107","sectionType":"section","heading":"Stop work notices and restoration notices","content":"### sec.107 Stop work notices and restoration notices\n\nThis section applies if, before the commencement, a person was given a stop work notice or a restoration notice for the carrying out of a resource activity in an area that is in the strategic cropping area under this Act.\nThe person must comply with the notice.\nFor subsection (2), the repealed Act, other than section 171, continues to apply as if this Act has not been enacted.\nIn this section—\nrestoration notice see the repealed Act, section 160(2).\nstop work notice see the repealed Act, section 157(2).\n(sec.107-ssec.1) This section applies if, before the commencement, a person was given a stop work notice or a restoration notice for the carrying out of a resource activity in an area that is in the strategic cropping area under this Act.\n(sec.107-ssec.2) The person must comply with the notice.\n(sec.107-ssec.3) For subsection (2), the repealed Act, other than section 171, continues to apply as if this Act has not been enacted.\n(sec.107-ssec.4) In this section— restoration notice see the repealed Act, section 160(2). stop work notice see the repealed Act, section 157(2).","sortOrder":139},{"sectionNumber":"pt.8A","sectionType":"part","heading":"Transitional provision for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014","content":"# Transitional provision for State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014","sortOrder":140},{"sectionNumber":"sec.107A","sectionType":"section","heading":"References to former terms","content":"### sec.107A References to former terms\n\nA reference in an Act or a document to a term of the repealed Wild Rivers Act 2005 (the former term ) stated in column 1 of the following table may, if the context permits, be taken to be a reference to the term stated opposite the former term in column 2 of the table—\nTable\nColumn 1\nColumn 2\n1\nwild river area\nstrategic environmental area\n2\nwild river preservation area\nstrategic environmental area\n3\nwild river high preservation area\ndesignated precinct in a strategic environmental area as defined in the Regional Planning Interests Regulation 2014\n4\nwild river special floodplain management area\ndesignated precinct in a strategic environmental area as defined in the Regional Planning Interests Regulation 2014\ns 107A ins 2014 No. 40 s 121","sortOrder":141},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":142},{"sectionNumber":"sec.108","sectionType":"section","heading":"Existing appeals","content":"### sec.108 Existing appeals\n\nThis section applies if—\na person started an appeal to the Planning and Environment Court under former part 5 before the commencement; and\nthe appeal had not been decided before the commencement.\nThe Planning and Environment Court must hear, or continue to hear, the appeal under former part 5 as if the amending Act had not been enacted.\nIn this section—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nformer part 5 means part 5 as in force immediately before the commencement.\ns 108 prev s 108 amd 2014 No. 40 s 123\nexp 13 June 2015 (see s 108(4))\npres s 108 ins 2016 No. 27 s 432\n(sec.108-ssec.1) This section applies if— a person started an appeal to the Planning and Environment Court under former part 5 before the commencement; and the appeal had not been decided before the commencement.\n(sec.108-ssec.2) The Planning and Environment Court must hear, or continue to hear, the appeal under former part 5 as if the amending Act had not been enacted.\n(sec.108-ssec.3) In this section— amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 . former part 5 means part 5 as in force immediately before the commencement.\n- (a) a person started an appeal to the Planning and Environment Court under former part 5 before the commencement; and\n- (b) the appeal had not been decided before the commencement.","sortOrder":143},{"sectionNumber":"sec.108A","sectionType":"section","heading":null,"content":"### Section sec.108A\n\ns 108A ins 2014 No. 40 s 124\nexp 1 October 2015 (see s 108A(4))","sortOrder":144},{"sectionNumber":"pt.10","sectionType":"part","heading":"Transitional provision for Mineral and Energy Resources and Other Legislation Amendment Act 2024","content":"# Transitional provision for Mineral and Energy Resources and Other Legislation Amendment Act 2024","sortOrder":145},{"sectionNumber":"sec.109","sectionType":"section","heading":"Advice about existing assessment applications","content":"### sec.109 Advice about existing assessment applications\n\nThis section applies if an assessment application has been made, but not decided, before the commencement.\nSection 46(1) as in force before the commencement continues to apply in relation to the assessment application as if the Mineral and Energy Resources and Other Legislation Amendment Act 2024 had not been enacted.\ns 109 ins 2024 No. 33 s 176\n(sec.109-ssec.1) This section applies if an assessment application has been made, but not decided, before the commencement.\n(sec.109-ssec.2) Section 46(1) as in force before the commencement continues to apply in relation to the assessment application as if the Mineral and Energy Resources and Other Legislation Amendment Act 2024 had not been enacted.","sortOrder":146}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act appears to have remained consistent with its stated purposes of identifying and protecting areas of regional interest while managing the coexistence of resource activities with agriculture, communities and environmental values. The insertion of s.24A (wild river area exemption) and amendments referencing Coexistence Queensland represent additions that are consistent with and supportive of the original intent, rather than a departure from it."},"complexity_factors":["Multiple interlocking definitions creating layered concepts (e.g., 'resource activity' requires understanding 'resource authority', which lists over 20 specific authorisations across 5+ Acts)","Four distinct types of 'areas of regional interest', each with different rules, criteria and exemptions","Intricate exemption framework with multiple conditions that must all be satisfied simultaneously (e.g., s.22 requires meeting a multi-limb test combining conduct agreements, impact thresholds and third-party land effects)","Interaction with at least 6 other major Queensland statutes (Environmental Protection Act, Planning Act, Mineral Resources Act, Petroleum Acts, Water Act 2000, etc.), each with their own complex frameworks","Multi-stage application process involving different actors (chief executive, assessing agencies, local governments, Coexistence Queensland, expert panels) with prescribed timeframes throughout","Dual offence structure (wilful vs non-wilful) with alternative offences and cross-references to separate penalty provisions","Regulation-heavy framework — many critical details (fees, timeframes, criteria, which applications are 'notifiable' or 'referable') are left to regulations not visible in this Act","Transitional provisions for pre-existing activities and repealed laws (Wild Rivers Act 2005) creating historical complexity","Map-dependent definitions — key designations depend on regional plan maps and the 'SCL trigger map', which are external documents","Conditions regime involves proportionality testing and SCL-specific mitigation requirements with separate labelling"],"plain_english_summary":"## Regional Planning Interests Act 2014 (Queensland)\n\n### What is this law about?\nThis Queensland law creates a system to **protect special areas of the state** — farmland, towns, cropping land, and ecologically important environments — from being damaged by mining, gas, petroleum, and other major industrial activities.\n\n### Who does it affect?\n- **Mining and resources companies** seeking to operate in Queensland (coal, gas, petroleum, geothermal, greenhouse gas storage)\n- **Farmers and landowners** whose land sits within protected areas\n- **Local governments** and communities near resource activities\n- **Developers** planning large-scale activities that could have irreversible environmental impacts\n\n### What are the \"areas of regional interest\"?\nThe law identifies four types of protected areas:\n1. **Priority agricultural areas** — land used for highly productive farming (e.g., premium cropping or grazing land)\n2. **Priority living areas** — existing towns and cities, plus land needed for future growth and buffers from industrial activity\n3. **Strategic cropping area** — land highly suitable for cropping due to soil, climate and landscape features\n4. **Strategic environmental areas** — ecologically important areas (e.g., the Steve Irwin Wildlife Reserve on Cape York, the Channel Country in western Queensland)\n\n### The core rule\nIf you want to carry out a **resource activity** (mining, gas drilling, etc.) or a **regulated activity** (a major activity with widespread, irreversible impacts) within one of these protected areas, you **must have a \"Regional Interests Development Approval\"** first. Doing so without one is a serious criminal offence:\n- **Deliberate breach:** up to $812,000 in fines or 5 years' imprisonment\n- **Non-deliberate breach:** up to $585,000 in fines\n\n### How does approval work?\n1. **Apply** to the chief executive (government department head) with an impact assessment report and a fee\n2. The application may need to be **publicly notified**, allowing the community to make submissions\n3. It may be **referred** to an assessing agency (which could include your local council)\n4. The chief executive **decides** whether to approve, approve with conditions, or refuse\n5. **Conditions** can restrict how, where, and when the activity happens — and must be proportionate\n6. Decisions are **publicly published**, and affected landowners have a right of **appeal**\n\n### Exemptions (when you DON'T need approval)\n- **Landowner agreement:** If the landowner has agreed in writing and the activity won't significantly harm the area or neighbouring land\n- **First year of activity:** Activities within the first year of starting on a property\n- **Pre-existing activities:** If the activity was already lawfully underway before the land became a protected area\n- **Former wild river areas:** Activities under environmental authorities granted before the Wild Rivers Act 2005 was repealed\n\n### Key points to know\n- This law **overrides** other resource, environment and planning laws — if there's a conflict, this Act wins\n- Even the State and Commonwealth governments are bound by it (though governments can't be criminally prosecuted)\n- Conditions imposed under this Act are **paramount** — they take priority over conditions in other approvals\n- **Coexistence Queensland** (a body focused on helping resources and agriculture coexist) can be consulted in the assessment process"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4","severity":"medium","reasoning":"Section 4(1) says the Act binds the Commonwealth and other States. Section 4(2) says they cannot be prosecuted for offences. The primary mechanism for enforcing the Act's restrictions (sections 19-20) is criminal prosecution. Binding a party to obligations that carry no enforceable consequence is logically vacuous — the 'binding' is illusory for the most serious enforcement pathway.","confidence":0.75,"description":"The Act purports to bind the Commonwealth and other States, then immediately immunises them from prosecution for offences. This creates an obligation without any enforcement mechanism — a legal duty with no legal consequence."},{"type":"circular_definition","section":"sec.8","severity":"medium","reasoning":"Priority agricultural area (s.8(1)) requires 'priority agricultural land use' (s.8(2)), which requires a type identified in a regional plan 'for an area of regional interest' (s.7(a)), which is a priority agricultural area. The regulation-based fallback in s.8(2)(b) breaks the loop for regulation-defined types, but the regional plan pathway is genuinely circular.","confidence":0.7,"description":"Circular definition: a 'priority agricultural area' is defined partly by reference to 'priority agricultural land use', which is defined as highly productive agriculture 'of a type identified in a regional plan for an area of regional interest'. An 'area of regional interest' includes a 'priority agricultural area'. The definition thus partially depends on itself."},{"type":"circular_definition","section":"sec.11","severity":"medium","reasoning":"Section 11(1)(a) requires 'environmental attributes' to be present. Section 11(2) defines environmental attribute as an attribute identified under a regional plan or regulation 'for the area'. The identification only makes sense once the area exists as a strategic environmental area, yet the area only becomes a strategic environmental area once it has identified environmental attributes. The regulation pathway partially resolves this but the regional plan pathway is circular.","confidence":0.65,"description":"Circular definition: 'strategic environmental area' requires the area to contain 'environmental attributes', which are defined as attributes 'identified as an environmental attribute for the area under a regional plan or regulation'. The existence of the area as a strategic environmental area is thus contingent on a prior designation that itself presupposes the area is a strategic environmental area."},{"type":"self_contradicting","section":"sec.17","severity":"medium","reasoning":"The definition of regulated activity requires irreversible impact. Section 21(c)(i) provides an emergency defence condition that the impact be 'restorable'. Section 21(c)(ii) acknowledges impact may not be restorable. But for a regulated activity specifically, irreversibility is definitional — so s.21(c)(i) can never apply to a regulated activity, rendering that limb of the defence redundant for that category.","confidence":0.7,"description":"A 'regulated activity' is defined as an activity (a) likely to have a widespread and irreversible impact AND (b) prescribed under a regulation. The Act at section 19 then requires approval before carrying out such an activity. However, since irreversibility is a defining characteristic, any approval granted necessarily approves an activity whose impact cannot be undone — making conditions requiring restoration of impact (see s.21(c)(i)) logically inapplicable to any activity that qualifies as a regulated activity by definition."},{"type":"other","section":"sec.19","severity":"low","reasoning":"Sections 12 and 17 define resource activity and regulated activity as distinct legal categories. Section 19(5) applies the exemption to 'a resource activity that is an... exempt regulated activity', conflating the two categories. This is likely a drafting error but creates interpretive ambiguity about whether the regulated activity exemption in s.25 is intended to be triggered by s.19(5).","confidence":0.65,"description":"Section 19(5) states the section does not apply to 'an exempt resource activity or exempt regulated activity', but the subsection uses the phrase 'a resource activity that is an exempt resource activity or exempt regulated activity'. The reference to 'a resource activity that is an exempt... regulated activity' is a category error — a resource activity and a regulated activity are distinct defined terms and a resource activity cannot simultaneously be a regulated activity."},{"type":"impossible_compliance","section":"sec.21","severity":"low","reasoning":"While 'as soon as practicable' is a flexible standard, in a genuine emergency endangering life (s.21(a)(i)) the practical ability to give departmental notice is severely compromised. The provision places a legal obligation whose fulfilment is contingent on circumstances inherently incompatible with its performance.","confidence":0.5,"description":"The emergency activity defence in section 21 requires that notice be given 'as soon as practicable after starting' the activity. This creates an impossible compliance scenario in a genuine emergency: the defendant must simultaneously manage a life-threatening emergency AND give formal departmental notice, with the adequacy of that notice judged after the fact."},{"type":"other","section":"sec.23","severity":"low","reasoning":"The exemption period runs from the first activity under the resource authority. An authority holder can maximise the exemption window by deferring all activity on the property. There is no provision capping how long after the authority is granted the exemption clock may start. This is a perverse incentive structurally embedded in the provision.","confidence":0.6,"description":"The one-year exemption in section 23 applies to activities carried out within one year of the first activity under the resource authority on the property. This creates an incentive to delay starting any activity as long as possible to postpone the one-year clock, undermining the regulatory intent."},{"type":"self_contradicting","section":"sec.36","severity":"medium","reasoning":"Section 3(2) identifies 'transparent and accountable process' as central to the Act. Section 36(2)(a) allows approval without public notification if the chief executive considers existing information sufficient. The public notification requirement (div.4) exists precisely to generate submissions informing the decision — permitting approval without it undermines the purpose the requirement serves.","confidence":0.7,"description":"Section 36(2)(a) permits the chief executive to decide an application despite the applicant's failure to comply with the public notification obligation if there is 'enough information'. This means an applicant who deliberately fails to notify the public can still obtain an approval, defeating the transparency purpose stated in section 3(2)."},{"type":"self_contradicting","section":"sec.54","severity":"medium","reasoning":"Section 54(1)(a) says the approval takes effect on 'the day after the appeal period... ends'. Section 54(2) requires the decision notice to state the decision 'takes effect when the appeal period... ends'. 'When the appeal period ends' is the last day of the period; 'the day after' is the following day. These are necessarily different dates, meaning the notice will always misstate the operative date of the approval.","confidence":0.85,"description":"Section 54(1) provides the approval takes effect the day after the appeal period ends, while section 54(2) requires the decision notice to state the decision 'takes effect when the appeal period ends'. These are different days — the day after vs the day the period ends — creating an internal inconsistency about the operative date."},{"type":"other","section":"sec.12","severity":"low","reasoning":"The phrase 'an activity for which a resource authority is required to lawfully carry out' is syntactically ambiguous. It could mean the activity requires a resource authority to be lawfully carried out (intended meaning) or that the resource authority is required to carry out some activity lawfully (unintended reading). This creates definitional uncertainty for the most fundamental term in the Act.","confidence":0.6,"description":"Section 12(2)(a) defines a resource activity as 'an activity for which a resource authority is required to lawfully carry out'. This is grammatically inverted — it should read 'for which a resource authority is required in order to lawfully carry out'. As drafted, it could be read as defining the activity by the authority rather than the authority by the activity, creating interpretive uncertainty."}],"contradictions":[{"severity":"high","section_a":"sec.54(1)","section_b":"sec.54(2)","confidence":0.9,"description":"Section 54(1)(a) states the approval takes effect on 'the day after the appeal period ends', but section 54(2) requires the decision notice to state the decision 'takes effect when the appeal period ends'. These provisions specify different operative dates for the same approval, making one of them necessarily incorrect."},{"severity":"medium","section_a":"sec.3(2)","section_b":"sec.36(2)(a)","confidence":0.7,"description":"Section 3(2) declares the Act provides for a 'transparent and accountable process' through assessment and management of impacts. Section 36(2)(a) allows the chief executive to approve an application notwithstanding the applicant's complete failure to comply with public notification requirements, directly undermining the transparency purpose."},{"severity":"medium","section_a":"sec.5(1)","section_b":"sec.5(2)","confidence":0.65,"description":"Section 5(1) states this Act applies 'despite' other Acts (including the Environmental Protection Act and resource Acts), implying paramountcy. Section 5(2) states restrictions under this Act apply 'as well as' restrictions under those other Acts, implying they operate cumulatively rather than with this Act overriding. The 'despite' formulation suggests override; 'as well as' suggests accumulation — these are different legal relationships."},{"severity":"medium","section_a":"sec.17(1)(a)","section_b":"sec.21(c)(i)","confidence":0.75,"description":"Section 17(1)(a) defines a regulated activity as one 'likely to have a widespread and irreversible impact'. Section 21(c)(i) provides a defence condition requiring the defendant to take steps 'to ensure the impact of the activity on the regional priority area is restorable'. An activity whose impact is irreversible by definition cannot satisfy a restorability condition, making that limb of the defence structurally unavailable for regulated activities."},{"severity":"medium","section_a":"sec.4(1)","section_b":"sec.4(2)","confidence":0.75,"description":"Section 4(1) binds the Commonwealth and States to the Act's obligations. Section 4(2) immunises them from prosecution. Given that criminal prosecution (sections 19-20) is the primary enforcement mechanism, the binding effect in s.4(1) is rendered unenforceable against those entities by s.4(2)."},{"severity":"low","section_a":"sec.42(5)","section_b":"sec.36(2)(a)","confidence":0.55,"description":"Section 42(5) prohibits the assessing agency from giving its response before the closing day for submissions (for notifiable applications where s.36(2)(a) or (3)(a) do not apply). Section 36(2)(a) allows the chief executive to decide a notifiable application without notification having occurred. If the chief executive acts under s.36(2)(a) without notification, there is no closing day, meaning s.42(5)'s precondition for the prohibition never arises — but the Act provides no mechanism to coordinate the assessing agency's obligations when the notification step is bypassed."}]},"kimi_summary":{"_metrics":{"completionTokens":666},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation significantly expanded from its origins. It began as the Strategic Cropping Land Act 2011 focused narrowly on protecting cropping land, then was repealed and replaced by this 2014 Act which broadened scope to cover four distinct area types (adding priority agricultural areas, priority living areas, and strategic environmental areas). The 2014 Act also integrated with regional planning frameworks and added complex mitigation mechanisms, public notification requirements, and appeal rights that went well beyond the original cropping land protection scheme."},"complexity_factors":["Multiple overlapping defined terms with nested definitions (e.g., 'priority agricultural area' depends on 'priority agricultural land use' which depends on 'highly productive agriculture')","Extensive cross-referencing to other Queensland Acts (Environmental Protection Act, multiple resource Acts, Planning Act, Water Act, Vegetation Management Act, Local Government Acts)","Complex exemption provisions with multiple cumulative conditions (sections 22-25, 24A)","Detailed procedural requirements for applications including public notification, referral to assessing agencies, and submission processes","Mitigation deed and fund mechanics with six separate mitigation criteria","Transitional provisions preserving rights and decisions from the repealed Strategic Cropping Land Act 2011","Alternative offence structure with tiered penalties (wilful vs non-wilful, 6,250 vs 4,500 penalty units)","Multiple enforcement pathways borrowing powers from three different Acts depending on area type"],"plain_english_summary":"This Queensland law protects four types of **areas of regional interest** from being damaged by mining, gas extraction, and other industrial activities.\n\n**The four protected areas are:**\n- **Priority agricultural areas** – highly productive farmland\n- **Priority living areas** – towns and cities plus buffer zones\n- **Strategic cropping area** – land with excellent soil, climate and landscape for cropping (shown on a special \"SCL trigger map\")\n- **Strategic environmental areas** – places with significant environmental values (like the Steve Irwin Wildlife Reserve or the Channel Country)\n\n**What the law does:**\n- **Bans** resource activities (mining, gas, geothermal etc.) and other regulated activities in these areas **unless** you get a special approval called a **regional interests development approval**\n- Creates a **permit system** where applicants must assess their activity's impact and get approval from the chief executive\n- Allows **conditions** to be imposed on approvals – including requiring **mitigation** (payments or deeds) for damage to strategic cropping land\n- Lets **landowners and affected neighbours appeal** decisions to the Planning and Environment Court\n- Sets **serious penalties** – up to 6,250 penalty units or 5 years prison for deliberately carrying out banned activities\n\n**Some activities are exempt** – including where landowners agree, activities already lawfully underway before the area was protected, and short-term activities under 1 year.\n\nThe law also establishes a **mitigation fund** for strategic cropping land, where developers pay to offset damage to farming productivity.\n\n**Who it affects:** Mining and gas companies, farmers, landowners, local governments, and anyone wanting to develop in protected areas."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/regional-planning-interests-act-2014","history":"/api/acts/regional-planning-interests-act-2014/history","analysis":"/api/acts/regional-planning-interests-act-2014/analysis","conflicts":"/api/acts/regional-planning-interests-act-2014/conflicts","importantCases":"/api/acts/regional-planning-interests-act-2014/important-cases","documents":"/api/acts/regional-planning-interests-act-2014/documents"}}