{"id":"qld:sl-2014-0088","name":"Regional Planning Interests Regulation 2014","slug":"regional-planning-interests-regulation-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"88 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175502,"registerId":"qld-qld:sl-2014-0088-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Regional Planning Interests Regulation 2014 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 6 defines particular words used in this regulation.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Priority agricultural areas","content":"# Priority agricultural areas","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Regionally significant water source","content":"### sec.3 Regionally significant water source\n\nFor the Act , section 8 (3) , the Condamine Alluvium is prescribed as a regionally significant water source.\nIn this section—\nCondamine Alluvium means the groundwater SDL resource units referred to as the Upper Condamine Alluvium (Central Condamine Alluvium) and the Upper Condamine Alluvium (Tributaries) under the Basin Plan 2012 (Cwlth) .\nThe Basin Plan 2012 (Cwlth) is made under the Water Act 2007 (Cwlth) and is available at www.comlaw.gov.au/Details/F2012L02240.\n(sec.3-ssec.1) For the Act , section 8 (3) , the Condamine Alluvium is prescribed as a regionally significant water source.\n(sec.3-ssec.2) In this section— Condamine Alluvium means the groundwater SDL resource units referred to as the Upper Condamine Alluvium (Central Condamine Alluvium) and the Upper Condamine Alluvium (Tributaries) under the Basin Plan 2012 (Cwlth) . The Basin Plan 2012 (Cwlth) is made under the Water Act 2007 (Cwlth) and is available at www.comlaw.gov.au/Details/F2012L02240.","sortOrder":4},{"sectionNumber":"pt.3","sectionType":"part","heading":"Strategic environmental areas","content":"# Strategic environmental areas","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Strategic environmental areas","content":"### sec.4 Strategic environmental areas\n\nFor the Act , section 11 (1) (b) (ii) , each of the following is prescribed as a strategic environmental area—\nthe part of the Channel Country identified on the SEA map for the area (the Channel Country strategic environmental area );\nthe part of the Gulf Country identified on the SEA map for the area (the Gulf Rivers strategic environmental area );\nthe part of Hinchinbrook Island identified on the SEA map for the area (the Hinchinbrook Island strategic environmental area ).\nThe SEA map for a strategic environmental area is the map identifying the area, that is held by the department and published on its website.\ns 4 amd 2014 SL No. 226 s 4 ; 2023 SL No. 190 s 4\n(sec.4-ssec.1) For the Act , section 11 (1) (b) (ii) , each of the following is prescribed as a strategic environmental area— the part of the Channel Country identified on the SEA map for the area (the Channel Country strategic environmental area ); the part of the Gulf Country identified on the SEA map for the area (the Gulf Rivers strategic environmental area ); the part of Hinchinbrook Island identified on the SEA map for the area (the Hinchinbrook Island strategic environmental area ).\n(sec.4-ssec.2) The SEA map for a strategic environmental area is the map identifying the area, that is held by the department and published on its website.\n- (a) the part of the Channel Country identified on the SEA map for the area (the Channel Country strategic environmental area );\n- (b) the part of the Gulf Country identified on the SEA map for the area (the Gulf Rivers strategic environmental area );\n- (c) the part of Hinchinbrook Island identified on the SEA map for the area (the Hinchinbrook Island strategic environmental area ).","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Environmental attributes","content":"### sec.5 Environmental attributes\n\nFor the Act , section 11 (2) , definition environmental attribute , sections 7 to 10 identify the environmental attributes for the strategic environmental areas mentioned in section 4 (1) .\ns 5 amd 2014 SL No. 226 s 5","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 2014 SL No. 226 s 6","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Environmental attributes for the Channel Country strategic environmental area","content":"### sec.7 Environmental attributes for the Channel Country strategic environmental area\n\nThe following are the environmental attributes for the Channel Country strategic environmental area—\nthe natural hydrologic processes of the area characterised by—\nnatural, unrestricted flows in and along watercourse channels and the channel network in the area; and\noverflow from watercourse channels and the channel network onto the flood plains of the area, or the other way; and\nnatural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and\ngroundwater sources, including the Great Artesian Basin and springs, that support waterhole persistence and ecosystems in the area;\nthe natural geomorphic processes of the area characterised by—\nnatural erosion; and\nthe transport and deposit of sediment by water throughout the catchments and along the watercourse systems;\nthe functioning riparian processes of the area characterised by native riparian vegetation associated with watercourses, lakes, flood plains and wetlands;\nthe functioning wildlife corridors of the area characterised by—\nnatural habitat in the watercourse systems; and\npermanent waterholes and springs;\nthe natural water quality in the watercourse channels and aquifers and on flood plains in the area characterised by physical, chemical and biological attributes that support and maintain natural aquatic and terrestrial ecosystems;\nthe beneficial flooding of land that supports flood plain grazing and ecological processes in the area.\ns 7 amd 2024 SL No. 137 s 3\n- (a) the natural hydrologic processes of the area characterised by— (i) natural, unrestricted flows in and along watercourse channels and the channel network in the area; and (ii) overflow from watercourse channels and the channel network onto the flood plains of the area, or the other way; and (iii) natural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and (iv) groundwater sources, including the Great Artesian Basin and springs, that support waterhole persistence and ecosystems in the area;\n- (i) natural, unrestricted flows in and along watercourse channels and the channel network in the area; and\n- (ii) overflow from watercourse channels and the channel network onto the flood plains of the area, or the other way; and\n- (iii) natural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and\n- (iv) groundwater sources, including the Great Artesian Basin and springs, that support waterhole persistence and ecosystems in the area;\n- (b) the natural geomorphic processes of the area characterised by— (i) natural erosion; and (ii) the transport and deposit of sediment by water throughout the catchments and along the watercourse systems;\n- (i) natural erosion; and\n- (ii) the transport and deposit of sediment by water throughout the catchments and along the watercourse systems;\n- (c) the functioning riparian processes of the area characterised by native riparian vegetation associated with watercourses, lakes, flood plains and wetlands;\n- (d) the functioning wildlife corridors of the area characterised by— (i) natural habitat in the watercourse systems; and (ii) permanent waterholes and springs;\n- (i) natural habitat in the watercourse systems; and\n- (ii) permanent waterholes and springs;\n- (e) the natural water quality in the watercourse channels and aquifers and on flood plains in the area characterised by physical, chemical and biological attributes that support and maintain natural aquatic and terrestrial ecosystems;\n- (f) the beneficial flooding of land that supports flood plain grazing and ecological processes in the area.\n- (i) natural, unrestricted flows in and along watercourse channels and the channel network in the area; and\n- (ii) overflow from watercourse channels and the channel network onto the flood plains of the area, or the other way; and\n- (iii) natural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and\n- (iv) groundwater sources, including the Great Artesian Basin and springs, that support waterhole persistence and ecosystems in the area;\n- (i) natural erosion; and\n- (ii) the transport and deposit of sediment by water throughout the catchments and along the watercourse systems;\n- (i) natural habitat in the watercourse systems; and\n- (ii) permanent waterholes and springs;","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 om 2023 SL No. 190 s 5","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Environmental attributes for Gulf Rivers strategic environmental area","content":"### sec.9 Environmental attributes for Gulf Rivers strategic environmental area\n\nThe following are the environmental attributes for the Gulf Rivers strategic environmental area—\nthe natural hydrologic processes of the area characterised by—\nnatural, unrestricted flows in and along watercourses and estuaries; and\noverflow from watercourses onto the flood plains of the area, or the other way; and\nnatural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and\nnatural flow in and from groundwater and springs;\nthe natural geomorphic processes of the area characterised by—\nnatural erosion; and\nthe transport and deposit of sediment by water throughout the catchments and along the watercourse systems and estuaries;\nthe functioning riparian processes of the area characterised by native riparian vegetation associated with watercourses, estuaries, lakes, floodplains and wetlands;\nthe functioning wildlife corridors of the area characterised by—\nnatural habitat in the watercourse systems; and\npermanent waterholes and springs;\nthe natural water quality in the watercourse channels and aquifers and on flood plains in the area characterised by physical, chemical and biological attributes that support and maintain natural aquatic and terrestrial ecosystems.\n- (a) the natural hydrologic processes of the area characterised by— (i) natural, unrestricted flows in and along watercourses and estuaries; and (ii) overflow from watercourses onto the flood plains of the area, or the other way; and (iii) natural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and (iv) natural flow in and from groundwater and springs;\n- (i) natural, unrestricted flows in and along watercourses and estuaries; and\n- (ii) overflow from watercourses onto the flood plains of the area, or the other way; and\n- (iii) natural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and\n- (iv) natural flow in and from groundwater and springs;\n- (b) the natural geomorphic processes of the area characterised by— (i) natural erosion; and (ii) the transport and deposit of sediment by water throughout the catchments and along the watercourse systems and estuaries;\n- (i) natural erosion; and\n- (ii) the transport and deposit of sediment by water throughout the catchments and along the watercourse systems and estuaries;\n- (c) the functioning riparian processes of the area characterised by native riparian vegetation associated with watercourses, estuaries, lakes, floodplains and wetlands;\n- (d) the functioning wildlife corridors of the area characterised by— (i) natural habitat in the watercourse systems; and (ii) permanent waterholes and springs;\n- (i) natural habitat in the watercourse systems; and\n- (ii) permanent waterholes and springs;\n- (e) the natural water quality in the watercourse channels and aquifers and on flood plains in the area characterised by physical, chemical and biological attributes that support and maintain natural aquatic and terrestrial ecosystems.\n- (i) natural, unrestricted flows in and along watercourses and estuaries; and\n- (ii) overflow from watercourses onto the flood plains of the area, or the other way; and\n- (iii) natural flow paths of water across flood plains connecting waterholes, lakes and wetlands in the area; and\n- (iv) natural flow in and from groundwater and springs;\n- (i) natural erosion; and\n- (ii) the transport and deposit of sediment by water throughout the catchments and along the watercourse systems and estuaries;\n- (i) natural habitat in the watercourse systems; and\n- (ii) permanent waterholes and springs;","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Environmental attributes for Hinchinbrook Island strategic environmental area","content":"### sec.10 Environmental attributes for Hinchinbrook Island strategic environmental area\n\nThe following are the environmental attributes for the Hinchinbrook Island strategic environmental area—\nthe natural hydrologic processes of the area characterised by—\nnatural, unrestricted flows in and along watercourse channels, riparian areas and estuaries; and\noverflow from watercourse channels onto the riparian zones and off-stream water bodies, or the other way; and\nnatural flow paths of water across wetlands connecting waterholes and lakes in the area; and\nnatural flow in and from permanent and temporary swamps, coastal wetlands and mangrove communities;\nthe natural geomorphic processes of the area characterised by—\nnatural erosion; and\nthe transport and deposit of sediment by water throughout the catchments and along the watercourse systems to their respective estuaries;\nthe functioning riparian processes of the area characterised by native riparian vegetation associated with watercourses, estuaries, lakes, flood plains and wetlands;\nthe functioning wildlife corridors of the area characterised by—\nnatural habitat in the watercourse systems; and\nareas of highly diverse coastal wetlands, mangrove communities and other areas of fish habitat;\nthe natural water quality in the watercourse channels and aquifers and on flood plains in the area characterised by physical, chemical and biological attributes that support and maintain natural aquatic and terrestrial ecosystems.\n- (a) the natural hydrologic processes of the area characterised by— (i) natural, unrestricted flows in and along watercourse channels, riparian areas and estuaries; and (ii) overflow from watercourse channels onto the riparian zones and off-stream water bodies, or the other way; and (iii) natural flow paths of water across wetlands connecting waterholes and lakes in the area; and (iv) natural flow in and from permanent and temporary swamps, coastal wetlands and mangrove communities;\n- (i) natural, unrestricted flows in and along watercourse channels, riparian areas and estuaries; and\n- (ii) overflow from watercourse channels onto the riparian zones and off-stream water bodies, or the other way; and\n- (iii) natural flow paths of water across wetlands connecting waterholes and lakes in the area; and\n- (iv) natural flow in and from permanent and temporary swamps, coastal wetlands and mangrove communities;\n- (b) the natural geomorphic processes of the area characterised by— (i) natural erosion; and (ii) the transport and deposit of sediment by water throughout the catchments and along the watercourse systems to their respective estuaries;\n- (i) natural erosion; and\n- (ii) the transport and deposit of sediment by water throughout the catchments and along the watercourse systems to their respective estuaries;\n- (c) the functioning riparian processes of the area characterised by native riparian vegetation associated with watercourses, estuaries, lakes, flood plains and wetlands;\n- (d) the functioning wildlife corridors of the area characterised by— (i) natural habitat in the watercourse systems; and (ii) areas of highly diverse coastal wetlands, mangrove communities and other areas of fish habitat;\n- (i) natural habitat in the watercourse systems; and\n- (ii) areas of highly diverse coastal wetlands, mangrove communities and other areas of fish habitat;\n- (e) the natural water quality in the watercourse channels and aquifers and on flood plains in the area characterised by physical, chemical and biological attributes that support and maintain natural aquatic and terrestrial ecosystems.\n- (i) natural, unrestricted flows in and along watercourse channels, riparian areas and estuaries; and\n- (ii) overflow from watercourse channels onto the riparian zones and off-stream water bodies, or the other way; and\n- (iii) natural flow paths of water across wetlands connecting waterholes and lakes in the area; and\n- (iv) natural flow in and from permanent and temporary swamps, coastal wetlands and mangrove communities;\n- (i) natural erosion; and\n- (ii) the transport and deposit of sediment by water throughout the catchments and along the watercourse systems to their respective estuaries;\n- (i) natural habitat in the watercourse systems; and\n- (ii) areas of highly diverse coastal wetlands, mangrove communities and other areas of fish habitat;","sortOrder":12},{"sectionNumber":"pt.4","sectionType":"part","heading":"Regulated activities","content":"# Regulated activities","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Regulated activities","content":"### sec.11 Regulated activities\n\nFor the Act , section 17 (1) (b) , each of the following is a regulated activity for a strategic environmental area—\nbroadacre cropping;\nwater storage (dam).\nBroadacre cropping is the cultivation of extensive parcels of land under dryland or irrigated management for cropping.\nWater storage (dam) is storing water using a dam, other than storing water on land to be used only for any or all of the following purposes—\nto meet the domestic water needs of the occupants of the land;\nto water the stock that is usually grazed on the land;\nto water stock that is travelling on a stock route on or near the land.\n(sec.11-ssec.1) For the Act , section 17 (1) (b) , each of the following is a regulated activity for a strategic environmental area— broadacre cropping; water storage (dam).\n(sec.11-ssec.2) Broadacre cropping is the cultivation of extensive parcels of land under dryland or irrigated management for cropping.\n(sec.11-ssec.3) Water storage (dam) is storing water using a dam, other than storing water on land to be used only for any or all of the following purposes— to meet the domestic water needs of the occupants of the land; to water the stock that is usually grazed on the land; to water stock that is travelling on a stock route on or near the land.\n- (a) broadacre cropping;\n- (b) water storage (dam).\n- (a) to meet the domestic water needs of the occupants of the land;\n- (b) to water the stock that is usually grazed on the land;\n- (c) to water stock that is travelling on a stock route on or near the land.","sortOrder":14},{"sectionNumber":"pt.5","sectionType":"part","heading":"Regional interests development approvals","content":"# Regional interests development approvals","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Referable assessment applications, assessing agencies and their functions","content":"### sec.12 Referable assessment applications, assessing agencies and their functions\n\nFor the Act , sections 26 (1) and 40 —\nschedule 1 , column 2 states the assessing agency or agencies for an assessment application for the area of regional interest mentioned opposite in column 1; and\nschedule 1 , column 3 states the functions of the assessing agency mentioned opposite in column 2 for the area of regional interested mentioned opposite in column 1.\nFor the Act , section 39 (2) , an assessment application is referable if the activity is proposed to be carried out in an area of regional interest mentioned in schedule 1 , column 1.\nA reference to the activity in a provision about an assessment application is a reference to the activity the subject of the application. See the Act , section 18 (4) (c) .\n(sec.12-ssec.1) For the Act , sections 26 (1) and 40 — schedule 1 , column 2 states the assessing agency or agencies for an assessment application for the area of regional interest mentioned opposite in column 1; and schedule 1 , column 3 states the functions of the assessing agency mentioned opposite in column 2 for the area of regional interested mentioned opposite in column 1.\n(sec.12-ssec.2) For the Act , section 39 (2) , an assessment application is referable if the activity is proposed to be carried out in an area of regional interest mentioned in schedule 1 , column 1. A reference to the activity in a provision about an assessment application is a reference to the activity the subject of the application. See the Act , section 18 (4) (c) .\n- (a) schedule 1 , column 2 states the assessing agency or agencies for an assessment application for the area of regional interest mentioned opposite in column 1; and\n- (b) schedule 1 , column 3 states the functions of the assessing agency mentioned opposite in column 2 for the area of regional interested mentioned opposite in column 1.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Notifiable assessment application","content":"### sec.13 Notifiable assessment application\n\nFor the Act , section 34 (2) (a) , an assessment application is notifiable if the area of regional interest in which the resource activity is proposed to be carried out is a priority living area.\nFor the Act , section 35 (1) (a) , the way in which an applicant must publish a notice about a notifiable assessment application is at least once in a newspaper circulating generally in the area of the land.\nFor the Act , section 35 (4) , the notification period for a notifiable assessment application is 15 business days after the notice about the application is first published under subsection (2) .\n(sec.13-ssec.1) For the Act , section 34 (2) (a) , an assessment application is notifiable if the area of regional interest in which the resource activity is proposed to be carried out is a priority living area.\n(sec.13-ssec.2) For the Act , section 35 (1) (a) , the way in which an applicant must publish a notice about a notifiable assessment application is at least once in a newspaper circulating generally in the area of the land.\n(sec.13-ssec.3) For the Act , section 35 (4) , the notification period for a notifiable assessment application is 15 business days after the notice about the application is first published under subsection (2) .","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Criteria for assessor for assessment application","content":"### sec.14 Criteria for assessor for assessment application\n\nThis section prescribes the criteria for an assessor’s assessment or decision on an assessment application as mentioned in the Act , sections 41 (2) (b) and 49 (1) (b) .\nThe assessor must be satisfied the activity meets the applicable required outcome stated in schedule 2 for the area of regional interest to which the application relates.\nThe activity meets a required outcome for the area of regional interest only if the application demonstrates the matters listed in a prescribed solution stated in schedule 2 for the required outcome.\nSchedule 2 , parts 1 to 4 include 1 or more prescribed solutions for each required outcome for an area of regional interest.\nHowever, if an activity is proposed to be carried out on land used for a priority agricultural land use in a priority agricultural area that is in the strategic cropping area, the assessor only need be satisfied the activity meets the applicable required outcome stated in schedule 2 for the priority agricultural area.\n(sec.14-ssec.1) This section prescribes the criteria for an assessor’s assessment or decision on an assessment application as mentioned in the Act , sections 41 (2) (b) and 49 (1) (b) .\n(sec.14-ssec.2) The assessor must be satisfied the activity meets the applicable required outcome stated in schedule 2 for the area of regional interest to which the application relates.\n(sec.14-ssec.3) The activity meets a required outcome for the area of regional interest only if the application demonstrates the matters listed in a prescribed solution stated in schedule 2 for the required outcome. Schedule 2 , parts 1 to 4 include 1 or more prescribed solutions for each required outcome for an area of regional interest.\n(sec.14-ssec.4) However, if an activity is proposed to be carried out on land used for a priority agricultural land use in a priority agricultural area that is in the strategic cropping area, the assessor only need be satisfied the activity meets the applicable required outcome stated in schedule 2 for the priority agricultural area.","sortOrder":18},{"sectionNumber":"pt.6","sectionType":"part","heading":"Mitigation","content":"# Mitigation","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"References to zone and sub-zone","content":"### sec.15 References to zone and sub-zone\n\nThis section applies for a provision of this regulation about the strategic cropping area or strategic cropping land.\nA reference to a particular zone or sub-zone is a reference to the zone or sub-zone as shown on the map titled ‘Sub-zones for strategic cropping land mitigation rates’ held by the natural resources department and published on its website.\n(sec.15-ssec.1) This section applies for a provision of this regulation about the strategic cropping area or strategic cropping land.\n(sec.15-ssec.2) A reference to a particular zone or sub-zone is a reference to the zone or sub-zone as shown on the map titled ‘Sub-zones for strategic cropping land mitigation rates’ held by the natural resources department and published on its website.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Mitigation value","content":"### sec.16 Mitigation value\n\nFor the Act , section 62 (2) , the mitigation value of mitigated SCL land is the amount worked out by multiplying each hectare of the land’s area by the following amount—\nfor land in the following sub-zones in the Western Cropping zone—\nBalonne—5,752 fee units;\nCentral Highlands Isaac—5,576 fee units;\nGoondiwindi—6,162 fee units;\nMaranoa—6,749 fee units;\nWestern Downs—7,042 fee units;\nfor land in the Eastern Darling Downs zone—8,803 fee units;\nfor land in the following sub-zones in the Coastal Queensland zone—\nBurdekin—13,205 fee units;\nBurnett North and South—13,205 fee units;\nMackay Whitsunday—13,205 fee units;\nWide Bay Bundaberg—13,205 fee units;\nCentral Queensland Coast—17,604 fee units;\nSouth East Queensland—29,343 fee units;\nfor land in the Granite Belt zone—16,431 fee units;\nfor land in the Wet Tropics zone—23,475 fee units.\nFor subsection (1) , if the mitigated SCL land is not a whole number of hectares, it must be rounded up to the nearest whole hectare.\ns 16 amd 2016 SL No. 87 s 4 ; 2017 SL No. 141 s 29 ; 2018 SL No. 91 s 24 ; 2019 SL No. 104 s 20 ; 2020 SL No. 163 s 15 ; 2021 SL No. 78 s 15 ; 2022 SL No. 75 s 18\n(sec.16-ssec.1) For the Act , section 62 (2) , the mitigation value of mitigated SCL land is the amount worked out by multiplying each hectare of the land’s area by the following amount— for land in the following sub-zones in the Western Cropping zone— Balonne—5,752 fee units; Central Highlands Isaac—5,576 fee units; Goondiwindi—6,162 fee units; Maranoa—6,749 fee units; Western Downs—7,042 fee units; for land in the Eastern Darling Downs zone—8,803 fee units; for land in the following sub-zones in the Coastal Queensland zone— Burdekin—13,205 fee units; Burnett North and South—13,205 fee units; Mackay Whitsunday—13,205 fee units; Wide Bay Bundaberg—13,205 fee units; Central Queensland Coast—17,604 fee units; South East Queensland—29,343 fee units; for land in the Granite Belt zone—16,431 fee units; for land in the Wet Tropics zone—23,475 fee units.\n(sec.16-ssec.2) For subsection (1) , if the mitigated SCL land is not a whole number of hectares, it must be rounded up to the nearest whole hectare.\n- (a) for land in the following sub-zones in the Western Cropping zone— (i) Balonne—5,752 fee units; (ii) Central Highlands Isaac—5,576 fee units; (iii) Goondiwindi—6,162 fee units; (iv) Maranoa—6,749 fee units; (v) Western Downs—7,042 fee units;\n- (i) Balonne—5,752 fee units;\n- (ii) Central Highlands Isaac—5,576 fee units;\n- (iii) Goondiwindi—6,162 fee units;\n- (iv) Maranoa—6,749 fee units;\n- (v) Western Downs—7,042 fee units;\n- (b) for land in the Eastern Darling Downs zone—8,803 fee units;\n- (c) for land in the following sub-zones in the Coastal Queensland zone— (i) Burdekin—13,205 fee units; (ii) Burnett North and South—13,205 fee units; (iii) Mackay Whitsunday—13,205 fee units; (iv) Wide Bay Bundaberg—13,205 fee units; (v) Central Queensland Coast—17,604 fee units; (vi) South East Queensland—29,343 fee units;\n- (i) Burdekin—13,205 fee units;\n- (ii) Burnett North and South—13,205 fee units;\n- (iii) Mackay Whitsunday—13,205 fee units;\n- (iv) Wide Bay Bundaberg—13,205 fee units;\n- (v) Central Queensland Coast—17,604 fee units;\n- (vi) South East Queensland—29,343 fee units;\n- (d) for land in the Granite Belt zone—16,431 fee units;\n- (e) for land in the Wet Tropics zone—23,475 fee units.\n- (i) Balonne—5,752 fee units;\n- (ii) Central Highlands Isaac—5,576 fee units;\n- (iii) Goondiwindi—6,162 fee units;\n- (iv) Maranoa—6,749 fee units;\n- (v) Western Downs—7,042 fee units;\n- (i) Burdekin—13,205 fee units;\n- (ii) Burnett North and South—13,205 fee units;\n- (iii) Mackay Whitsunday—13,205 fee units;\n- (iv) Wide Bay Bundaberg—13,205 fee units;\n- (v) Central Queensland Coast—17,604 fee units;\n- (vi) South East Queensland—29,343 fee units;","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Mitigation deed","content":"### sec.17 Mitigation deed\n\nFor the Act , section 64 (b) , subsection (2) prescribes the requirements that a mitigation deed for a regional interests development approval must comply with.\nThe mitigation deed must—\nidentify—\nthe approval; and\nthe approved resource activity or regulated activity; and\nthe mitigated SCL land to which the approval relates; and\nprovide for mitigation measures for the mitigation value of the mitigated SCL land that—\ncomply with the mitigation criteria; and\nare in addition to anything the holder of the approval would, other than for the SCL mitigation condition, have done, incurred or spent in carrying out the activity; and\nare at least equal in value to the mitigation value of the land; and\nrequire the holder to give the chief executive periodic reports about—\nthe progress of the mitigation measures; and\nthe amounts spent on them.\nA mitigation deed must not provide for, or for carrying out, any authority-related restoration.\nIn considering whether a mitigation deed is consistent with the mitigation criteria, the value of any authority-related restoration must be disregarded.\nIn this section—\nauthority-related restoration means environmental management, restoration, rehabilitation or remediation required or permitted under the Environmental Protection Act or a resource Act.\n(sec.17-ssec.1) For the Act , section 64 (b) , subsection (2) prescribes the requirements that a mitigation deed for a regional interests development approval must comply with.\n(sec.17-ssec.2) The mitigation deed must— identify— the approval; and the approved resource activity or regulated activity; and the mitigated SCL land to which the approval relates; and provide for mitigation measures for the mitigation value of the mitigated SCL land that— comply with the mitigation criteria; and are in addition to anything the holder of the approval would, other than for the SCL mitigation condition, have done, incurred or spent in carrying out the activity; and are at least equal in value to the mitigation value of the land; and require the holder to give the chief executive periodic reports about— the progress of the mitigation measures; and the amounts spent on them.\n(sec.17-ssec.3) A mitigation deed must not provide for, or for carrying out, any authority-related restoration.\n(sec.17-ssec.4) In considering whether a mitigation deed is consistent with the mitigation criteria, the value of any authority-related restoration must be disregarded.\n(sec.17-ssec.5) In this section— authority-related restoration means environmental management, restoration, rehabilitation or remediation required or permitted under the Environmental Protection Act or a resource Act.\n- (a) identify— (i) the approval; and (ii) the approved resource activity or regulated activity; and (iii) the mitigated SCL land to which the approval relates; and\n- (i) the approval; and\n- (ii) the approved resource activity or regulated activity; and\n- (iii) the mitigated SCL land to which the approval relates; and\n- (b) provide for mitigation measures for the mitigation value of the mitigated SCL land that— (i) comply with the mitigation criteria; and (ii) are in addition to anything the holder of the approval would, other than for the SCL mitigation condition, have done, incurred or spent in carrying out the activity; and (iii) are at least equal in value to the mitigation value of the land; and\n- (i) comply with the mitigation criteria; and\n- (ii) are in addition to anything the holder of the approval would, other than for the SCL mitigation condition, have done, incurred or spent in carrying out the activity; and\n- (iii) are at least equal in value to the mitigation value of the land; and\n- (c) require the holder to give the chief executive periodic reports about— (i) the progress of the mitigation measures; and (ii) the amounts spent on them.\n- (i) the progress of the mitigation measures; and\n- (ii) the amounts spent on them.\n- (i) the approval; and\n- (ii) the approved resource activity or regulated activity; and\n- (iii) the mitigated SCL land to which the approval relates; and\n- (i) comply with the mitigation criteria; and\n- (ii) are in addition to anything the holder of the approval would, other than for the SCL mitigation condition, have done, incurred or spent in carrying out the activity; and\n- (iii) are at least equal in value to the mitigation value of the land; and\n- (i) the progress of the mitigation measures; and\n- (ii) the amounts spent on them.","sortOrder":22},{"sectionNumber":"pt.7","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Assessment application fees","content":"### sec.18 Assessment application fees\n\nFor the Act , section 29 (c) , the prescribed fee for an assessment application for a resource activity or a regulated activity to be carried out in an area of regional interest is the fee stated in schedule 4 for the area.\nHowever, if the assessment application is for a resource activity or a regulated activity to be carried out in 2 or more areas of regional interest, the prescribed fee for the application is the sum of the fees payable under subsection (1) for each area of regional interest.\n(sec.18-ssec.1) For the Act , section 29 (c) , the prescribed fee for an assessment application for a resource activity or a regulated activity to be carried out in an area of regional interest is the fee stated in schedule 4 for the area.\n(sec.18-ssec.2) However, if the assessment application is for a resource activity or a regulated activity to be carried out in 2 or more areas of regional interest, the prescribed fee for the application is the sum of the fees payable under subsection (1) for each area of regional interest.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Fees for amending assessment application","content":"### sec.19 Fees for amending assessment application\n\nA notice given to the chief executive under the Act , section 31 (2) (b) to make a permitted amendment to an assessment application must be accompanied by the following fee—\nif the amendment is a minor amendment—a fee that is 5% of the application fee for the assessment application;\notherwise—a fee that is 25% of the application fee for the assessment application.\nIn this section—\napplication fee , for an assessment application, means the fee payable for the application under section 18 .\n(sec.19-ssec.1) A notice given to the chief executive under the Act , section 31 (2) (b) to make a permitted amendment to an assessment application must be accompanied by the following fee— if the amendment is a minor amendment—a fee that is 5% of the application fee for the assessment application; otherwise—a fee that is 25% of the application fee for the assessment application.\n(sec.19-ssec.2) In this section— application fee , for an assessment application, means the fee payable for the application under section 18 .\n- (a) if the amendment is a minor amendment—a fee that is 5% of the application fee for the assessment application;\n- (b) otherwise—a fee that is 25% of the application fee for the assessment application.","sortOrder":25},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.19A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest dollar (rounding one-half upwards).\nIf a fee were 3500 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 3500 by $1.015 would be $3,552.50. Because $3,552.50 is halfway between $3,552 and $3,553, it is rounded upwards, so the amount of the fee would be $3,553.\ns 19A ins 2022 SL No. 75 s 19\n(sec.19A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.19A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest dollar (rounding one-half upwards). If a fee were 3500 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 3500 by $1.015 would be $3,552.50. Because $3,552.50 is halfway between $3,552 and $3,553, it is rounded upwards, so the amount of the fee would be $3,553.","sortOrder":26},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Prescribed time frame","content":"### sec.20 Prescribed time frame\n\nFor the Act , schedule 1 , definition prescribed time frame , the time frame prescribed for a matter mentioned in a provision of the Act stated in schedule 5 , column 1 is the time frame stated opposite in schedule 5 , column 2.","sortOrder":28},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provision for Regional Planning Interests (Lake Eyre Basin) Amendment Regulation 2024","content":"# Transitional provision for Regional Planning Interests (Lake Eyre Basin) Amendment Regulation 2024","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Existing assessment applications","content":"### sec.21 Existing assessment applications\n\nThis section applies in relation to an assessment application made, but not decided, before the commencement.\nNew schedule 2, section 15 applies in relation to the assessment application.\nIn this section—\nnew schedule 2, section 15 means schedule 2, section 15 as in force from the commencement.\ns 21 ins 2024 SL No. 137 s 4\n(sec.21-ssec.1) This section applies in relation to an assessment application made, but not decided, before the commencement.\n(sec.21-ssec.2) New schedule 2, section 15 applies in relation to the assessment application.\n(sec.21-ssec.3) In this section— new schedule 2, section 15 means schedule 2, section 15 as in force from the commencement.","sortOrder":30},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":31},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Definitions for sch 2","content":"### sch.2-sec.1 Definitions for sch 2\n\nIn this schedule—\npre-activity condition , for land in the strategic cropping area, means the condition of the land’s soil as identified and analysed within 1 year before the making of an assessment application for a resource activity or regulated activity to be carried out on the land.\nproperty (SCL) , in the strategic cropping area, means—\na single lot; or\notherwise—all the lots that are owned by the same person or have 1 or more common owners and—\nare managed as a single agricultural enterprise; or\nform a single discrete area because 1 lot is adjacent, in whole or part, to another lot in that single discrete area (other than for any road or watercourse between any of the lots).\nused , for land or property in relation to a priority agricultural land use, means the land or property has been used for a priority agricultural land use for at least 3 years during the 10 years immediately before an assessment application is made in relation to the land.\nA resource activity or regulated activity has a permanent impact on strategic cropping land if, because of carrying out the activity, the land can not be restored to its pre-activity condition.\n(sch.2-sec.1-ssec.1) In this schedule— pre-activity condition , for land in the strategic cropping area, means the condition of the land’s soil as identified and analysed within 1 year before the making of an assessment application for a resource activity or regulated activity to be carried out on the land. property (SCL) , in the strategic cropping area, means— a single lot; or otherwise—all the lots that are owned by the same person or have 1 or more common owners and— are managed as a single agricultural enterprise; or form a single discrete area because 1 lot is adjacent, in whole or part, to another lot in that single discrete area (other than for any road or watercourse between any of the lots). used , for land or property in relation to a priority agricultural land use, means the land or property has been used for a priority agricultural land use for at least 3 years during the 10 years immediately before an assessment application is made in relation to the land.\n(sch.2-sec.1-ssec.2) A resource activity or regulated activity has a permanent impact on strategic cropping land if, because of carrying out the activity, the land can not be restored to its pre-activity condition.\n- (a) a single lot; or\n- (b) otherwise—all the lots that are owned by the same person or have 1 or more common owners and— (i) are managed as a single agricultural enterprise; or (ii) form a single discrete area because 1 lot is adjacent, in whole or part, to another lot in that single discrete area (other than for any road or watercourse between any of the lots).\n- (i) are managed as a single agricultural enterprise; or\n- (ii) form a single discrete area because 1 lot is adjacent, in whole or part, to another lot in that single discrete area (other than for any road or watercourse between any of the lots).\n- (i) are managed as a single agricultural enterprise; or\n- (ii) form a single discrete area because 1 lot is adjacent, in whole or part, to another lot in that single discrete area (other than for any road or watercourse between any of the lots).","sortOrder":32},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Priority agricultural area","content":"# Priority agricultural area","sortOrder":33},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Required outcome 1—managing impacts on use of property for priority agricultural land use in priority agricultural area","content":"### sch.2-sec.2 Required outcome 1—managing impacts on use of property for priority agricultural land use in priority agricultural area\n\nThis section applies if the activity is to be carried out on a property in a priority agricultural area.\nThe activity will not result in a material impact on the use of the property for a priority agricultural land use.\n(sch.2-sec.2-ssec.1) This section applies if the activity is to be carried out on a property in a priority agricultural area.\n(sch.2-sec.2-ssec.2) The activity will not result in a material impact on the use of the property for a priority agricultural land use.","sortOrder":34},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Prescribed solutions for required outcome 1","content":"### sch.2-sec.3 Prescribed solutions for required outcome 1\n\nSubsections (2) and (3) each state a prescribed solution for required outcome 1.\nThe application demonstrates the activity will not be located on land that is used for a priority agricultural land use.\nThe application demonstrates all of the following—\nif the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner—\nthe applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and\ncarrying out the activity on the property will not result in a loss of more than 2% of both—\nthe land on the property used for a priority agricultural land use; and\nthe productive capacity of any priority agricultural land use on the property;\nthe activity can not be carried out on other land that is not used for a priority agricultural land use, including, for example, land elsewhere on the property, on an adjacent property or at another nearby location;\nthe construction and operation footprint of the activity on the part of the property used for a priority agricultural land use is minimised to the greatest extent possible;\nthe activity will not constrain, restrict or prevent the ongoing conduct on the property of a priority agricultural land use, including, for example, everyday farm practices and an activity or infrastructure essential to the operation of a priority agricultural land use on the property;\nthe activity is not likely to have a significant impact on the priority agricultural area;\nthe activity is not likely to have an impact on land owned by a person other than the applicant or the land owner mentioned in paragraph (a) .\n(sch.2-sec.3-ssec.1) Subsections (2) and (3) each state a prescribed solution for required outcome 1.\n(sch.2-sec.3-ssec.2) The application demonstrates the activity will not be located on land that is used for a priority agricultural land use.\n(sch.2-sec.3-ssec.3) The application demonstrates all of the following— if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner— the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and carrying out the activity on the property will not result in a loss of more than 2% of both— the land on the property used for a priority agricultural land use; and the productive capacity of any priority agricultural land use on the property; the activity can not be carried out on other land that is not used for a priority agricultural land use, including, for example, land elsewhere on the property, on an adjacent property or at another nearby location; the construction and operation footprint of the activity on the part of the property used for a priority agricultural land use is minimised to the greatest extent possible; the activity will not constrain, restrict or prevent the ongoing conduct on the property of a priority agricultural land use, including, for example, everyday farm practices and an activity or infrastructure essential to the operation of a priority agricultural land use on the property; the activity is not likely to have a significant impact on the priority agricultural area; the activity is not likely to have an impact on land owned by a person other than the applicant or the land owner mentioned in paragraph (a) .\n- (a) if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner— (i) the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and (ii) carrying out the activity on the property will not result in a loss of more than 2% of both— (A) the land on the property used for a priority agricultural land use; and (B) the productive capacity of any priority agricultural land use on the property;\n- (i) the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and\n- (ii) carrying out the activity on the property will not result in a loss of more than 2% of both— (A) the land on the property used for a priority agricultural land use; and (B) the productive capacity of any priority agricultural land use on the property;\n- (A) the land on the property used for a priority agricultural land use; and\n- (B) the productive capacity of any priority agricultural land use on the property;\n- (b) the activity can not be carried out on other land that is not used for a priority agricultural land use, including, for example, land elsewhere on the property, on an adjacent property or at another nearby location;\n- (c) the construction and operation footprint of the activity on the part of the property used for a priority agricultural land use is minimised to the greatest extent possible;\n- (d) the activity will not constrain, restrict or prevent the ongoing conduct on the property of a priority agricultural land use, including, for example, everyday farm practices and an activity or infrastructure essential to the operation of a priority agricultural land use on the property;\n- (e) the activity is not likely to have a significant impact on the priority agricultural area;\n- (f) the activity is not likely to have an impact on land owned by a person other than the applicant or the land owner mentioned in paragraph (a) .\n- (i) the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and\n- (ii) carrying out the activity on the property will not result in a loss of more than 2% of both— (A) the land on the property used for a priority agricultural land use; and (B) the productive capacity of any priority agricultural land use on the property;\n- (A) the land on the property used for a priority agricultural land use; and\n- (B) the productive capacity of any priority agricultural land use on the property;\n- (A) the land on the property used for a priority agricultural land use; and\n- (B) the productive capacity of any priority agricultural land use on the property;","sortOrder":35},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Required outcome 2—managing impacts on a region in relation to use of an area in the region for a priority agricultural land use","content":"### sch.2-sec.4 Required outcome 2—managing impacts on a region in relation to use of an area in the region for a priority agricultural land use\n\nThis section applies if the activity is to be carried out on 2 or more properties in a priority agricultural area in a region.\nThe activity will not result in a material impact on the region because of the activity’s impact on the use of land in the priority agricultural area for 1 or more priority agricultural land uses.\n(sch.2-sec.4-ssec.1) This section applies if the activity is to be carried out on 2 or more properties in a priority agricultural area in a region.\n(sch.2-sec.4-ssec.2) The activity will not result in a material impact on the region because of the activity’s impact on the use of land in the priority agricultural area for 1 or more priority agricultural land uses.","sortOrder":36},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Prescribed solution for required outcome 2","content":"### sch.2-sec.5 Prescribed solution for required outcome 2\n\nThe application demonstrates all of the following—\nif the activity is to be carried out in a priority agricultural area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan;\nthe activity can not be carried out on other land in the region that is not used for a priority agricultural land use, including, for example, land elsewhere on a property, on an adjacent property or at another nearby location;\nthe construction and operation footprint of the activity on the area in the region used for a priority agricultural land use is minimised to the greatest extent possible;\nthe activity will not result in widespread or irreversible impacts on the future use of an area in the region for 1 or more priority agricultural land uses;\nthe activity will not constrain, restrict or prevent the ongoing use of an area in the region for 1 or more priority agricultural land uses, including, for example, infrastructure essential to the operation of a priority agricultural land use.\nSubsection (3) applies if the activity is to be carried out in a priority agricultural area that includes a regionally significant water source and—\nif the activity is to be carried out under an authority to prospect or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 —the activity is likely to produce CSG water; or\nif the activity is to be carried out under a mineral development licence or a mining lease under the Mineral Resources Act 1989 —the activity is likely to produce associated water.\nAlso, the application must demonstrate the applicant has in place a strategy or plan for managing the CSG water or associated water that provides for the net replenishment of the regionally significant water source.\nFor subsection (3) , net replenishment of a regionally significant water source is the replacement to the water source, whether directly or indirectly, of all water that is no longer available for a priority agricultural land use in a priority agricultural area because carrying out a resource activity in the area produces CSG water or associated water.\nSubsection (6) applies for each property on which the activity is to be carried out if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner.\nThe application must demonstrate the matters listed in this schedule, section 3 for a prescribed solution for required outcome 1 for the property.\nIn this section—\nassociated water means underground water taken or interfered with, if the taking or interference happens during the course of, or results from, the carrying out of an activity authorised under a mineral development licence or mining lease.\nCSG water see the Petroleum and Gas (Production and Safety) Act 2004 , schedule 2 .\noverland flow water see the Water Act 2000 , schedule 4 .\nunderground water see the Water Act 2000 , schedule 4 .\n(sch.2-sec.5-ssec.1) The application demonstrates all of the following— if the activity is to be carried out in a priority agricultural area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan; the activity can not be carried out on other land in the region that is not used for a priority agricultural land use, including, for example, land elsewhere on a property, on an adjacent property or at another nearby location; the construction and operation footprint of the activity on the area in the region used for a priority agricultural land use is minimised to the greatest extent possible; the activity will not result in widespread or irreversible impacts on the future use of an area in the region for 1 or more priority agricultural land uses; the activity will not constrain, restrict or prevent the ongoing use of an area in the region for 1 or more priority agricultural land uses, including, for example, infrastructure essential to the operation of a priority agricultural land use.\n(sch.2-sec.5-ssec.2) Subsection (3) applies if the activity is to be carried out in a priority agricultural area that includes a regionally significant water source and— if the activity is to be carried out under an authority to prospect or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 —the activity is likely to produce CSG water; or if the activity is to be carried out under a mineral development licence or a mining lease under the Mineral Resources Act 1989 —the activity is likely to produce associated water.\n(sch.2-sec.5-ssec.3) Also, the application must demonstrate the applicant has in place a strategy or plan for managing the CSG water or associated water that provides for the net replenishment of the regionally significant water source.\n(sch.2-sec.5-ssec.4) For subsection (3) , net replenishment of a regionally significant water source is the replacement to the water source, whether directly or indirectly, of all water that is no longer available for a priority agricultural land use in a priority agricultural area because carrying out a resource activity in the area produces CSG water or associated water.\n(sch.2-sec.5-ssec.5) Subsection (6) applies for each property on which the activity is to be carried out if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner.\n(sch.2-sec.5-ssec.6) The application must demonstrate the matters listed in this schedule, section 3 for a prescribed solution for required outcome 1 for the property.\n(sch.2-sec.5-ssec.7) In this section— associated water means underground water taken or interfered with, if the taking or interference happens during the course of, or results from, the carrying out of an activity authorised under a mineral development licence or mining lease. CSG water see the Petroleum and Gas (Production and Safety) Act 2004 , schedule 2 . overland flow water see the Water Act 2000 , schedule 4 . underground water see the Water Act 2000 , schedule 4 .\n- (a) if the activity is to be carried out in a priority agricultural area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan;\n- (b) the activity can not be carried out on other land in the region that is not used for a priority agricultural land use, including, for example, land elsewhere on a property, on an adjacent property or at another nearby location;\n- (c) the construction and operation footprint of the activity on the area in the region used for a priority agricultural land use is minimised to the greatest extent possible;\n- (d) the activity will not result in widespread or irreversible impacts on the future use of an area in the region for 1 or more priority agricultural land uses;\n- (e) the activity will not constrain, restrict or prevent the ongoing use of an area in the region for 1 or more priority agricultural land uses, including, for example, infrastructure essential to the operation of a priority agricultural land use.\n- (a) if the activity is to be carried out under an authority to prospect or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 —the activity is likely to produce CSG water; or\n- (b) if the activity is to be carried out under a mineral development licence or a mining lease under the Mineral Resources Act 1989 —the activity is likely to produce associated water.","sortOrder":37},{"sectionNumber":"sch.2-pt.3","sectionType":"part","heading":"Priority living area","content":"# Priority living area","sortOrder":38},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Required outcome","content":"### sch.2-sec.6 Required outcome\n\nThe location, nature and conduct of the activity is compatible with the planned future for the priority living area stated in a planning instrument under the Planning Act.\nsch 2 s 6 amd 2017 SL No. 103 s 110","sortOrder":39},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Prescribed solution","content":"### sch.2-sec.7 Prescribed solution\n\nThe application demonstrates each of the following—\nthe activity is unlikely to adversely impact on development certainty—\nfor land in the immediate vicinity of the activity; and\nin the priority living area generally;\ncarrying out the activity in the priority living area, and in the location stated in the application, is likely to result in community benefits and opportunities, including, for example, financial and social benefits and opportunities.\n- (a) the activity is unlikely to adversely impact on development certainty— (i) for land in the immediate vicinity of the activity; and (ii) in the priority living area generally;\n- (i) for land in the immediate vicinity of the activity; and\n- (ii) in the priority living area generally;\n- (b) carrying out the activity in the priority living area, and in the location stated in the application, is likely to result in community benefits and opportunities, including, for example, financial and social benefits and opportunities.\n- (i) for land in the immediate vicinity of the activity; and\n- (ii) in the priority living area generally;","sortOrder":40},{"sectionNumber":"sch.2-pt.4","sectionType":"part","heading":"Strategic cropping area","content":"# Strategic cropping area","sortOrder":41},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Required outcome 1—no impact on strategic cropping land","content":"### sch.2-sec.8 Required outcome 1—no impact on strategic cropping land\n\nThe activity will not result in any impact on strategic cropping land in the strategic cropping area.","sortOrder":42},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Prescribed solution for required outcome 1","content":"### sch.2-sec.9 Prescribed solution for required outcome 1\n\nThe application demonstrates the activity will not be carried out on strategic cropping land that meets the criteria stated in schedule 3 , part 2 .","sortOrder":43},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Required outcome 2—managing impacts on strategic cropping land on property (SCL) in the strategic cropping area","content":"### sch.2-sec.10 Required outcome 2—managing impacts on strategic cropping land on property (SCL) in the strategic cropping area\n\nThis section applies if the activity—\ndoes not meet required outcome 1; and\nis being carried out on a property (SCL) in the strategic cropping area.\nThe activity will not result in a material impact on strategic cropping land on the property (SCL).\n(sch.2-sec.10-ssec.1) This section applies if the activity— does not meet required outcome 1; and is being carried out on a property (SCL) in the strategic cropping area.\n(sch.2-sec.10-ssec.2) The activity will not result in a material impact on strategic cropping land on the property (SCL).\n- (a) does not meet required outcome 1; and\n- (b) is being carried out on a property (SCL) in the strategic cropping area.","sortOrder":44},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Prescribed solution for required outcome 2","content":"### sch.2-sec.11 Prescribed solution for required outcome 2\n\nThe application demonstrates all of the following—\nif the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner—the applicant has taken all reasonable steps to consult and negotiate with the owner of the land about the expected impact of carrying out the activity on strategic cropping land;\nthe activity can not be carried out on land that is not strategic cropping land, including, for example, land elsewhere on the property (SCL), on adjacent land or at another nearby location;\nthe construction and operation footprint of the activity on strategic cropping land on the property (SCL) is minimised to the greatest extent possible;\nif the activity will have a permanent impact on strategic cropping land on a property (SCL)—no more than 2% of the strategic cropping land on the property (SCL) will be impacted.\n- (a) if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner—the applicant has taken all reasonable steps to consult and negotiate with the owner of the land about the expected impact of carrying out the activity on strategic cropping land;\n- (b) the activity can not be carried out on land that is not strategic cropping land, including, for example, land elsewhere on the property (SCL), on adjacent land or at another nearby location;\n- (c) the construction and operation footprint of the activity on strategic cropping land on the property (SCL) is minimised to the greatest extent possible;\n- (d) if the activity will have a permanent impact on strategic cropping land on a property (SCL)—no more than 2% of the strategic cropping land on the property (SCL) will be impacted.","sortOrder":45},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Required outcome 3—managing impacts on strategic cropping land for a region","content":"### sch.2-sec.12 Required outcome 3—managing impacts on strategic cropping land for a region\n\nThis section applies if the activity—\ndoes not meet required outcome 1; or\nis being carried out on 2 or more properties (SCL) in the strategic cropping area.\nThe activity will not result in a material impact on strategic cropping land in an area in the strategic cropping area.\n(sch.2-sec.12-ssec.1) This section applies if the activity— does not meet required outcome 1; or is being carried out on 2 or more properties (SCL) in the strategic cropping area.\n(sch.2-sec.12-ssec.2) The activity will not result in a material impact on strategic cropping land in an area in the strategic cropping area.\n- (a) does not meet required outcome 1; or\n- (b) is being carried out on 2 or more properties (SCL) in the strategic cropping area.","sortOrder":46},{"sectionNumber":"sch.2-sec.13","sectionType":"section","heading":"Prescribed solution for required outcome 3","content":"### sch.2-sec.13 Prescribed solution for required outcome 3\n\nThe application demonstrates all of the following—\nthe activity can not be carried out on other land in the area that is not strategic cropping land, including, for example, land elsewhere on the property (SCL), on adjacent land or at another nearby location;\nif there is a regional plan for the area in which the activity is to be carried out—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan;\nthe construction and operation footprint of the activity on strategic cropping land is minimised to the greatest extent possible;\neither—\nthe activity will not have a permanent impact on the strategic cropping land in the area; or\nthe mitigation measures proposed to be carried out if the chief executive decides to grant the approval and impose an SCL mitigation condition.\nSubsection (3) applies for each property (SCL) on which the activity is to be carried out if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner.\nThe application must demonstrate the matters listed in this schedule, section 11 for a prescribed solution for required outcome 2 for the property (SCL).\n(sch.2-sec.13-ssec.1) The application demonstrates all of the following— the activity can not be carried out on other land in the area that is not strategic cropping land, including, for example, land elsewhere on the property (SCL), on adjacent land or at another nearby location; if there is a regional plan for the area in which the activity is to be carried out—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan; the construction and operation footprint of the activity on strategic cropping land is minimised to the greatest extent possible; either— the activity will not have a permanent impact on the strategic cropping land in the area; or the mitigation measures proposed to be carried out if the chief executive decides to grant the approval and impose an SCL mitigation condition.\n(sch.2-sec.13-ssec.2) Subsection (3) applies for each property (SCL) on which the activity is to be carried out if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner.\n(sch.2-sec.13-ssec.3) The application must demonstrate the matters listed in this schedule, section 11 for a prescribed solution for required outcome 2 for the property (SCL).\n- (a) the activity can not be carried out on other land in the area that is not strategic cropping land, including, for example, land elsewhere on the property (SCL), on adjacent land or at another nearby location;\n- (b) if there is a regional plan for the area in which the activity is to be carried out—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan;\n- (c) the construction and operation footprint of the activity on strategic cropping land is minimised to the greatest extent possible;\n- (d) either— (i) the activity will not have a permanent impact on the strategic cropping land in the area; or (ii) the mitigation measures proposed to be carried out if the chief executive decides to grant the approval and impose an SCL mitigation condition.\n- (i) the activity will not have a permanent impact on the strategic cropping land in the area; or\n- (ii) the mitigation measures proposed to be carried out if the chief executive decides to grant the approval and impose an SCL mitigation condition.\n- (i) the activity will not have a permanent impact on the strategic cropping land in the area; or\n- (ii) the mitigation measures proposed to be carried out if the chief executive decides to grant the approval and impose an SCL mitigation condition.","sortOrder":47},{"sectionNumber":"sch.2-pt.5","sectionType":"part","heading":"Strategic environmental area","content":"# Strategic environmental area","sortOrder":48},{"sectionNumber":"sch.2-sec.14","sectionType":"section","heading":"Required outcome","content":"### sch.2-sec.14 Required outcome\n\nThe activity will not result in a widespread or irreversible impact on an environmental attribute of a strategic environmental area.","sortOrder":49},{"sectionNumber":"sch.2-sec.15","sectionType":"section","heading":"Prescribed solution","content":"### sch.2-sec.15 Prescribed solution\n\nThe application demonstrates either—\nthe activity will not, and is not likely to, have a direct or indirect impact on an environmental attribute of the strategic environmental area; or\nall of the following—\nif the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct;\nthe construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible;\nthe activity does not compromise the preservation of the environmental attribute within the strategic environmental area;\nif the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan.\nThe following are unacceptable uses for a designated precinct in a strategic environmental area—\nif the designated precinct is in the Cape York strategic environmental area—a mining resource activity;\nif the designated precinct is in the North Queensland strategic environmental area—a resource activity;\nif the designated precinct is in the Channel Country strategic environmental area—a petroleum resource activity;\nopen cut mining, other than open cut mining for a critical mineral in a critical minerals reach in the Channel Country strategic environmental area;\nbroadacre cropping;\nwater storage (dam).\nHowever, subsection (2) (c) does not apply in relation to an application to the extent the application relates to—\na petroleum resource activity to be carried out under an authority to prospect, or a petroleum lease, that—\nwas in effect immediately before 22 December 2023; and\nhas not been amended, renewed or transferred on or after 22 December 2023; or\na petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease that—\nwas in effect immediately before 22 December 2023; and\nhas been amended, renewed or transferred on or after 22 December 2023; or\na petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease granted on or after 22 December 2023 for—\nan application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or\nan application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or\na grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) .\nIn this section—\nauthority to prospect means an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 .\nCape York strategic environmental area means the part of Cape York Peninsula that is shown on a map as a strategic environmental area in the regional plan for the region prescribed under the Planning Regulation 2017 , schedule 1 as the Cape York region.\ncoal seam gas means a form of natural gas contained in oil shale or coal that is extracted from a coal seam usually at a depth of between 300m to 1,000m.\nconventional gas or oil —\nmeans a gas or oil contained in, or extracted from—\na natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or\na natural underground reservoir that—\nis below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and\nhas reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but\ndoes not include unconventional gas or oil.\ncritical mineral means a mineral mentioned in the Mineral Resources Regulation 2025 , schedule 5 .\ncritical minerals reach means an area identified as a critical minerals reach on the SEA map for the Channel Country strategic environmental area.\ndeep coal gas means a gas that is—\nextracted from a coal seam usually at a depth below 2,000m; and\nreleased to ground level from the coal seam using hydraulic fracturing.\ndesignated precinct , in a strategic environmental area, means—\nfor a strategic environmental area mentioned in section 4 (1) —the area identified as a designated precinct on the SEA map for the strategic environmental area; or\nif a strategic environmental area is shown on a map in a regional plan—the area identified on the map as a designated precinct for the strategic environmental area.\nhydraulic fracturing means the injection of a substance into a petroleum well under pressure for the purpose of stimulating a geological formation or structure.\nmining resource activity means a resource activity for which a resource authority mentioned in section 13 (c) or (g) of the Act is required to lawfully carry out the activity.\nnatural underground reservoir see the Petroleum and Gas (Production and Safety) Act 2004 , section 13 .\nNorth Queensland strategic environmental area means the area that is shown on a map as a strategic environmental area in the regional plan for the region prescribed under the Planning Regulation 2017 , schedule 1 as the North Queensland region.\npetroleum lease means a lease under the Petroleum Act 1923 or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 .\npetroleum resource activity means a resource activity for which a resource authority mentioned in section 13 (d) , (e) (i) or (e)(ii) of the Act is required to lawfully carry out the activity.\npetroleum well see the Petroleum and Gas (Production and Safety) Act 2004 , schedule 2 .\nshale gas means a gas that is—\nextracted from clay-rich sedimentary rock with low permeability; and\nabsorbed within the rock or existing in a free state within the pores of the rock.\ntight gas means a gas that is—\nextracted from a natural underground reservoir that has permeability below 0.1 millidarcies and porosity less than 10%; and\nheld within minuscule rock pores allowing extremely limited migration of the gas.\nunconventional gas or oil means—\nany of the following gases—\ncoal seam gas;\ndeep coal gas;\nshale gas;\ntight gas; or\na gas or oil contained in, or extracted from, a natural underground reservoir that is part of a complex geological formation or structure that prevents, or significantly limits, the recovery or release of the gas or oil to ground level without the use of innovative technological solutions for extraction, such as the use of each of the following—\nextensive hydraulic fracturing;\nmore than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil;\ninfrastructure which has a high or widespread impact on the environment.\nsingle well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha\nextensive borrow pits greater than 0.2ha and deeper than 2m\na petroleum facility\nsch 2 s 15 amd 2020 SL No. 28 s 3 ; 2023 SL No. 190 s 6 ; 2024 SL No. 137 s 5 ; 2025 SL No. 105 s 78 sch 9\n(sch.2-sec.15-ssec.1) The application demonstrates either— the activity will not, and is not likely to, have a direct or indirect impact on an environmental attribute of the strategic environmental area; or all of the following— if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct; the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible; the activity does not compromise the preservation of the environmental attribute within the strategic environmental area; if the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan.\n(sch.2-sec.15-ssec.2) The following are unacceptable uses for a designated precinct in a strategic environmental area— if the designated precinct is in the Cape York strategic environmental area—a mining resource activity; if the designated precinct is in the North Queensland strategic environmental area—a resource activity; if the designated precinct is in the Channel Country strategic environmental area—a petroleum resource activity; open cut mining, other than open cut mining for a critical mineral in a critical minerals reach in the Channel Country strategic environmental area; broadacre cropping; water storage (dam).\n(sch.2-sec.15-ssec.2A) However, subsection (2) (c) does not apply in relation to an application to the extent the application relates to— a petroleum resource activity to be carried out under an authority to prospect, or a petroleum lease, that— was in effect immediately before 22 December 2023; and has not been amended, renewed or transferred on or after 22 December 2023; or a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease that— was in effect immediately before 22 December 2023; and has been amended, renewed or transferred on or after 22 December 2023; or a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease granted on or after 22 December 2023 for— an application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or an application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or a grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) .\n(sch.2-sec.15-ssec.3) In this section— authority to prospect means an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 . Cape York strategic environmental area means the part of Cape York Peninsula that is shown on a map as a strategic environmental area in the regional plan for the region prescribed under the Planning Regulation 2017 , schedule 1 as the Cape York region. coal seam gas means a form of natural gas contained in oil shale or coal that is extracted from a coal seam usually at a depth of between 300m to 1,000m. conventional gas or oil — means a gas or oil contained in, or extracted from— a natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or a natural underground reservoir that— is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but does not include unconventional gas or oil. critical mineral means a mineral mentioned in the Mineral Resources Regulation 2025 , schedule 5 . critical minerals reach means an area identified as a critical minerals reach on the SEA map for the Channel Country strategic environmental area. deep coal gas means a gas that is— extracted from a coal seam usually at a depth below 2,000m; and released to ground level from the coal seam using hydraulic fracturing. designated precinct , in a strategic environmental area, means— for a strategic environmental area mentioned in section 4 (1) —the area identified as a designated precinct on the SEA map for the strategic environmental area; or if a strategic environmental area is shown on a map in a regional plan—the area identified on the map as a designated precinct for the strategic environmental area. hydraulic fracturing means the injection of a substance into a petroleum well under pressure for the purpose of stimulating a geological formation or structure. mining resource activity means a resource activity for which a resource authority mentioned in section 13 (c) or (g) of the Act is required to lawfully carry out the activity. natural underground reservoir see the Petroleum and Gas (Production and Safety) Act 2004 , section 13 . North Queensland strategic environmental area means the area that is shown on a map as a strategic environmental area in the regional plan for the region prescribed under the Planning Regulation 2017 , schedule 1 as the North Queensland region. petroleum lease means a lease under the Petroleum Act 1923 or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 . petroleum resource activity means a resource activity for which a resource authority mentioned in section 13 (d) , (e) (i) or (e)(ii) of the Act is required to lawfully carry out the activity. petroleum well see the Petroleum and Gas (Production and Safety) Act 2004 , schedule 2 . shale gas means a gas that is— extracted from clay-rich sedimentary rock with low permeability; and absorbed within the rock or existing in a free state within the pores of the rock. tight gas means a gas that is— extracted from a natural underground reservoir that has permeability below 0.1 millidarcies and porosity less than 10%; and held within minuscule rock pores allowing extremely limited migration of the gas. unconventional gas or oil means— any of the following gases— coal seam gas; deep coal gas; shale gas; tight gas; or a gas or oil contained in, or extracted from, a natural underground reservoir that is part of a complex geological formation or structure that prevents, or significantly limits, the recovery or release of the gas or oil to ground level without the use of innovative technological solutions for extraction, such as the use of each of the following— extensive hydraulic fracturing; more than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil; infrastructure which has a high or widespread impact on the environment. single well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha extensive borrow pits greater than 0.2ha and deeper than 2m a petroleum facility\n- (a) the activity will not, and is not likely to, have a direct or indirect impact on an environmental attribute of the strategic environmental area; or\n- (b) all of the following— (i) if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct; (ii) the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible; (iii) the activity does not compromise the preservation of the environmental attribute within the strategic environmental area; (iv) if the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan.\n- (i) if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct;\n- (ii) the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible;\n- (iii) the activity does not compromise the preservation of the environmental attribute within the strategic environmental area;\n- (iv) if the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan.\n- (i) if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct;\n- (ii) the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible;\n- (iii) the activity does not compromise the preservation of the environmental attribute within the strategic environmental area;\n- (iv) if the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan.\n- (a) if the designated precinct is in the Cape York strategic environmental area—a mining resource activity;\n- (b) if the designated precinct is in the North Queensland strategic environmental area—a resource activity;\n- (c) if the designated precinct is in the Channel Country strategic environmental area—a petroleum resource activity;\n- (d) open cut mining, other than open cut mining for a critical mineral in a critical minerals reach in the Channel Country strategic environmental area;\n- (e) broadacre cropping;\n- (f) water storage (dam).\n- (a) a petroleum resource activity to be carried out under an authority to prospect, or a petroleum lease, that— (i) was in effect immediately before 22 December 2023; and (ii) has not been amended, renewed or transferred on or after 22 December 2023; or\n- (i) was in effect immediately before 22 December 2023; and\n- (ii) has not been amended, renewed or transferred on or after 22 December 2023; or\n- (b) a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease that— (i) was in effect immediately before 22 December 2023; and (ii) has been amended, renewed or transferred on or after 22 December 2023; or\n- (i) was in effect immediately before 22 December 2023; and\n- (ii) has been amended, renewed or transferred on or after 22 December 2023; or\n- (c) a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease granted on or after 22 December 2023 for— (i) an application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or (ii) an application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or (iii) a grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) .\n- (i) an application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or\n- (ii) an application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or\n- (iii) a grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) .\n- (i) was in effect immediately before 22 December 2023; and\n- (ii) has not been amended, renewed or transferred on or after 22 December 2023; or\n- (i) was in effect immediately before 22 December 2023; and\n- (ii) has been amended, renewed or transferred on or after 22 December 2023; or\n- (i) an application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or\n- (ii) an application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or\n- (iii) a grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) .\n- (a) means a gas or oil contained in, or extracted from— (i) a natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or (ii) a natural underground reservoir that— (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but\n- (i) a natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or\n- (ii) a natural underground reservoir that— (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but\n- (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and\n- (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but\n- (b) does not include unconventional gas or oil.\n- (i) a natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or\n- (ii) a natural underground reservoir that— (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but\n- (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and\n- (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but\n- (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and\n- (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but\n- (a) extracted from a coal seam usually at a depth below 2,000m; and\n- (b) released to ground level from the coal seam using hydraulic fracturing.\n- (a) for a strategic environmental area mentioned in section 4 (1) —the area identified as a designated precinct on the SEA map for the strategic environmental area; or\n- (b) if a strategic environmental area is shown on a map in a regional plan—the area identified on the map as a designated precinct for the strategic environmental area.\n- (a) extracted from clay-rich sedimentary rock with low permeability; and\n- (b) absorbed within the rock or existing in a free state within the pores of the rock.\n- (a) extracted from a natural underground reservoir that has permeability below 0.1 millidarcies and porosity less than 10%; and\n- (b) held within minuscule rock pores allowing extremely limited migration of the gas.\n- (a) any of the following gases— (i) coal seam gas; (ii) deep coal gas; (iii) shale gas; (iv) tight gas; or\n- (i) coal seam gas;\n- (ii) deep coal gas;\n- (iii) shale gas;\n- (iv) tight gas; or\n- (b) a gas or oil contained in, or extracted from, a natural underground reservoir that is part of a complex geological formation or structure that prevents, or significantly limits, the recovery or release of the gas or oil to ground level without the use of innovative technological solutions for extraction, such as the use of each of the following— (i) extensive hydraulic fracturing; (ii) more than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil; (iii) infrastructure which has a high or widespread impact on the environment. Examples of infrastructure that may have a high or widespread impact on the environment— • single well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha • extensive borrow pits greater than 0.2ha and deeper than 2m • a petroleum facility\n- (i) extensive hydraulic fracturing;\n- (ii) more than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil;\n- (iii) infrastructure which has a high or widespread impact on the environment.\n- • single well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha\n- • extensive borrow pits greater than 0.2ha and deeper than 2m\n- • a petroleum facility\n- (i) coal seam gas;\n- (ii) deep coal gas;\n- (iii) shale gas;\n- (iv) tight gas; or\n- (i) extensive hydraulic fracturing;\n- (ii) more than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil;\n- (iii) infrastructure which has a high or widespread impact on the environment.\n- • single well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha\n- • extensive borrow pits greater than 0.2ha and deeper than 2m\n- • a petroleum facility","sortOrder":50},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Definitions","content":"# Definitions","sortOrder":51},{"sectionNumber":"sch.3-pt.1-div.1","sectionType":"division","heading":"Publication definitions","content":"## Publication definitions","sortOrder":52},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Publications","content":"### sch.3-sec.1 Publications\n\nThe field handbook is National Committee on Soil and Terrain (2009) ‘Australian Soil and Land Survey Field Handbook’, 3rd ed, CSIRO Publishing, Collingwood, Victoria.\nThe soil chemical methods is Rayment GE and Lyons DJ (2011) ‘Soil Chemical Methods—Australasia’, CSIRO Publishing, Collingwood, Victoria.\nEach of the following is a standard soil colour chart —\nFujihara Industry Company (2001) ‘Revised Standard Soil Color Charts’, Fujihara Industry Co, Tokyo;\nMunsell Color Company (2000) ‘Munsell Soil Color Charts’, Munsell Color Co, Baltimore, MD.\n(sch.3-sec.1-ssec.1) The field handbook is National Committee on Soil and Terrain (2009) ‘Australian Soil and Land Survey Field Handbook’, 3rd ed, CSIRO Publishing, Collingwood, Victoria.\n(sch.3-sec.1-ssec.2) The soil chemical methods is Rayment GE and Lyons DJ (2011) ‘Soil Chemical Methods—Australasia’, CSIRO Publishing, Collingwood, Victoria.\n(sch.3-sec.1-ssec.3) Each of the following is a standard soil colour chart — Fujihara Industry Company (2001) ‘Revised Standard Soil Color Charts’, Fujihara Industry Co, Tokyo; Munsell Color Company (2000) ‘Munsell Soil Color Charts’, Munsell Color Co, Baltimore, MD.\n- (a) Fujihara Industry Company (2001) ‘Revised Standard Soil Color Charts’, Fujihara Industry Co, Tokyo;\n- (b) Munsell Color Company (2000) ‘Munsell Soil Color Charts’, Munsell Color Co, Baltimore, MD.","sortOrder":53},{"sectionNumber":"sch.3-pt.1-div.2","sectionType":"division","heading":"Drainage","content":"## Drainage","sortOrder":54},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Meaning of favourable drainage","content":"### sch.3-sec.2 Meaning of favourable drainage\n\nParticular soil in land has favourable drainage if its profile has no waterlogged layer within 1,000mm of the surface.","sortOrder":55},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"Meaning of satisfactory drainage","content":"### sch.3-sec.3 Meaning of satisfactory drainage\n\nParticular soil in land has satisfactory drainage if its profile has no waterlogged layer within 300mm of the surface.","sortOrder":56},{"sectionNumber":"sch.3-sec.4","sectionType":"section","heading":"Meaning of waterlogged layer","content":"### sch.3-sec.4 Meaning of waterlogged layer\n\nA waterlogged layer , for soil in land, is a layer in its profile with any of the following—\na dominant soil colour that is gleyed;\na dominant soil colour that—\nis grey; and\nhas at least 10% distinct or prominent mottles of an orange or rusty colour;\nany other dominant soil colour that has at least 10% distinct or prominent mottles of a gleyed colour;\na conspicuous bleach at least 100mm thick not directly overlying bedrock or weathered rock.\nFor this section, a soil’s colour must be worked out by visually comparing it with a standard soil colour chart.\nIn this section—\nconspicuous bleach means a white or almost white colour—\nthat is the dominant colour of the layer; and\nthat contains 10% or less mottles; and\nfor which its closest match (when dry) is to a colour chip with a value of 7 or 8 and a chroma of 4 or less on a standard soil colour chart’s 5YR, 7.5YR or 10YR chart.\ngleyed , for a soil colour, means—\nit is bluish-grey to greenish-grey; and\nits closest match (when moist) is to the colour chips of a standard soil colour chart of any colour chip—\non a gley chart; or\nwith a value of 7 or 8 and a chroma of 3 or less on a standard soil colour chart’s 2.5Y or 5Y chart.\ngrey , for a soil colour, means—\nit is not gleyed; and\nits closest match (when moist) is to a colour chip with a value of 4 or more and a chroma of 2 or less on any chart of a standard soil colour chart.\nmottles means clear patches or streaks of sub-dominant colour (when moist) within a differently coloured soil matrix.\norange , for a soil colour, means its closest match (when moist) is to a colour chip with a value 6 or 7 and a chroma of 6 or more on a standard soil colour chart’s 5YR or 7.5YR chart.\nrusty , for a soil colour, means its closest match (when moist) is to a colour chip with a value of 3 or more and a chroma of 3 or more on a standard soil colour chart’s 2.5YR, 5R, 7.5R or 10R chart.\n(sch.3-sec.4-ssec.1) A waterlogged layer , for soil in land, is a layer in its profile with any of the following— a dominant soil colour that is gleyed; a dominant soil colour that— is grey; and has at least 10% distinct or prominent mottles of an orange or rusty colour; any other dominant soil colour that has at least 10% distinct or prominent mottles of a gleyed colour; a conspicuous bleach at least 100mm thick not directly overlying bedrock or weathered rock.\n(sch.3-sec.4-ssec.2) For this section, a soil’s colour must be worked out by visually comparing it with a standard soil colour chart.\n(sch.3-sec.4-ssec.3) In this section— conspicuous bleach means a white or almost white colour— that is the dominant colour of the layer; and that contains 10% or less mottles; and for which its closest match (when dry) is to a colour chip with a value of 7 or 8 and a chroma of 4 or less on a standard soil colour chart’s 5YR, 7.5YR or 10YR chart. gleyed , for a soil colour, means— it is bluish-grey to greenish-grey; and its closest match (when moist) is to the colour chips of a standard soil colour chart of any colour chip— on a gley chart; or with a value of 7 or 8 and a chroma of 3 or less on a standard soil colour chart’s 2.5Y or 5Y chart. grey , for a soil colour, means— it is not gleyed; and its closest match (when moist) is to a colour chip with a value of 4 or more and a chroma of 2 or less on any chart of a standard soil colour chart. mottles means clear patches or streaks of sub-dominant colour (when moist) within a differently coloured soil matrix. orange , for a soil colour, means its closest match (when moist) is to a colour chip with a value 6 or 7 and a chroma of 6 or more on a standard soil colour chart’s 5YR or 7.5YR chart. rusty , for a soil colour, means its closest match (when moist) is to a colour chip with a value of 3 or more and a chroma of 3 or more on a standard soil colour chart’s 2.5YR, 5R, 7.5R or 10R chart.\n- (a) a dominant soil colour that is gleyed;\n- (b) a dominant soil colour that— (i) is grey; and (ii) has at least 10% distinct or prominent mottles of an orange or rusty colour;\n- (i) is grey; and\n- (ii) has at least 10% distinct or prominent mottles of an orange or rusty colour;\n- (c) any other dominant soil colour that has at least 10% distinct or prominent mottles of a gleyed colour;\n- (d) a conspicuous bleach at least 100mm thick not directly overlying bedrock or weathered rock.\n- (i) is grey; and\n- (ii) has at least 10% distinct or prominent mottles of an orange or rusty colour;\n- (a) that is the dominant colour of the layer; and\n- (b) that contains 10% or less mottles; and\n- (c) for which its closest match (when dry) is to a colour chip with a value of 7 or 8 and a chroma of 4 or less on a standard soil colour chart’s 5YR, 7.5YR or 10YR chart.\n- (a) it is bluish-grey to greenish-grey; and\n- (b) its closest match (when moist) is to the colour chips of a standard soil colour chart of any colour chip— (i) on a gley chart; or (ii) with a value of 7 or 8 and a chroma of 3 or less on a standard soil colour chart’s 2.5Y or 5Y chart.\n- (i) on a gley chart; or\n- (ii) with a value of 7 or 8 and a chroma of 3 or less on a standard soil colour chart’s 2.5Y or 5Y chart.\n- (i) on a gley chart; or\n- (ii) with a value of 7 or 8 and a chroma of 3 or less on a standard soil colour chart’s 2.5Y or 5Y chart.\n- (a) it is not gleyed; and\n- (b) its closest match (when moist) is to a colour chip with a value of 4 or more and a chroma of 2 or less on any chart of a standard soil colour chart.","sortOrder":57},{"sectionNumber":"sch.3-pt.1-div.3","sectionType":"division","heading":"Rockiness","content":"## Rockiness","sortOrder":58},{"sectionNumber":"sch.3-sec.5","sectionType":"section","heading":"Meaning of rockiness","content":"### sch.3-sec.5 Meaning of rockiness\n\nRockiness is the average density of—\nunattached rock fragments larger than 60mm average maximum dimension on the surface of the land; and\nRock fragments refers to cobbles, stones and boulders as defined under the field handbook.\nconsolidated outcrops of underlying bedrock protruding above the surface.\nThe average density must be worked out using the visual estimation charts in the field handbook.\n(sch.3-sec.5-ssec.1) Rockiness is the average density of— unattached rock fragments larger than 60mm average maximum dimension on the surface of the land; and Rock fragments refers to cobbles, stones and boulders as defined under the field handbook. consolidated outcrops of underlying bedrock protruding above the surface.\n(sch.3-sec.5-ssec.2) The average density must be worked out using the visual estimation charts in the field handbook.\n- (a) unattached rock fragments larger than 60mm average maximum dimension on the surface of the land; and Note— Rock fragments refers to cobbles, stones and boulders as defined under the field handbook.\n- (b) consolidated outcrops of underlying bedrock protruding above the surface.","sortOrder":59},{"sectionNumber":"sch.3-sec.6","sectionType":"section","heading":"Meaning of bedrock","content":"### sch.3-sec.6 Meaning of bedrock\n\nBedrock is a continuous mass of consolidated rock that has been little-weathered.\nIt may underlie a profile or protrude above the surface.\nEven when moist, it is usually too hard to dig with hand tools.\nIt is not underlain by unconsolidated soil material and is distinguished from hardpans that are underlain by unconsolidated soil material. However, bedrock may be underlain by other layers of softer rock.\nUnder the field handbook it is defined as an ‘R’ horizon.\n- 1 It may underlie a profile or protrude above the surface.\n- 2 Even when moist, it is usually too hard to dig with hand tools.\n- 3 It is not underlain by unconsolidated soil material and is distinguished from hardpans that are underlain by unconsolidated soil material. However, bedrock may be underlain by other layers of softer rock.\n- 4 Under the field handbook it is defined as an ‘R’ horizon.","sortOrder":60},{"sectionNumber":"sch.3-sec.7","sectionType":"section","heading":"Meaning of weathered rock","content":"### sch.3-sec.7 Meaning of weathered rock\n\nWeathered rock is loosely consolidated material—\nin which there has been minimal biological activity; and\nthat is more like fresh, unweathered rock than the soil material above.\nFor subsection (1) , the material may be any of the following as defined under the field handbook—\npartially weathered rock;\nsaprolite;\ndecomposed rock.\nFeatures distinguishing weathered rock from soil are—\na markedly increased occurrence of rock fragments compared with soil layers above; or\na presence of a ‘ghost rock’ structure in which the material has the outline of rock layers or fragments but is as soft as the overlying soil layers; or\na predominance of ‘mealy’ material with a characteristic gritty appearance similar to fine ‘crusher dust’ or ‘deco’.\n(sch.3-sec.7-ssec.1) Weathered rock is loosely consolidated material— in which there has been minimal biological activity; and that is more like fresh, unweathered rock than the soil material above.\n(sch.3-sec.7-ssec.2) For subsection (1) , the material may be any of the following as defined under the field handbook— partially weathered rock; saprolite; decomposed rock. Features distinguishing weathered rock from soil are— a markedly increased occurrence of rock fragments compared with soil layers above; or a presence of a ‘ghost rock’ structure in which the material has the outline of rock layers or fragments but is as soft as the overlying soil layers; or a predominance of ‘mealy’ material with a characteristic gritty appearance similar to fine ‘crusher dust’ or ‘deco’.\n- (a) in which there has been minimal biological activity; and\n- (b) that is more like fresh, unweathered rock than the soil material above.\n- (a) partially weathered rock;\n- (b) saprolite;\n- (c) decomposed rock.\n- (a) a markedly increased occurrence of rock fragments compared with soil layers above; or\n- (b) a presence of a ‘ghost rock’ structure in which the material has the outline of rock layers or fragments but is as soft as the overlying soil layers; or\n- (c) a predominance of ‘mealy’ material with a characteristic gritty appearance similar to fine ‘crusher dust’ or ‘deco’.","sortOrder":61},{"sectionNumber":"sch.3-pt.1-div.4","sectionType":"division","heading":"Other definitions","content":"## Other definitions","sortOrder":62},{"sectionNumber":"sch.3-sec.8","sectionType":"section","heading":"Meaning of chloride content","content":"### sch.3-sec.8 Meaning of chloride content\n\nChloride content is a measurement of soil chloride using a 1:5 soil to water suspension, under method 5A1, 5A2, 5A3 or 5A4 in soil chemical methods.","sortOrder":63},{"sectionNumber":"sch.3-sec.9","sectionType":"section","heading":"Meaning of electrical conductivity","content":"### sch.3-sec.9 Meaning of electrical conductivity\n\nElectrical conductivity is a measurement of soil salinity using a 1:5 soil to water suspension carried out in the field or by laboratory measurement under method 3A1 in soil chemical methods.","sortOrder":64},{"sectionNumber":"sch.3-sec.10","sectionType":"section","heading":"Meaning of gilgai","content":"### sch.3-sec.10 Meaning of gilgai\n\nGilgai is gilgai microrelief as defined under the field handbook.","sortOrder":65},{"sectionNumber":"sch.3-sec.11","sectionType":"section","heading":"Meaning of soil pH","content":"### sch.3-sec.11 Meaning of soil pH\n\nSoil pH is a measurement of soil acidity or alkalinity carried out in the field, or by laboratory measurement using a 1:5 soil to water suspension under method 4A1 in soil chemical methods.","sortOrder":66},{"sectionNumber":"sch.3-sec.12","sectionType":"section","heading":"Meaning of rigid soils and non-rigid soils","content":"### sch.3-sec.12 Meaning of rigid soils and non-rigid soils\n\nRigid soils are soils with minimal capacity to shrink and swell with changing water content.\nFor subsection (1) , minimal capacity to shrink and swell exists only if, when dry, the soil does not have—\nopen cracks that—\nare 5mm wide or more; and\nextend from at least 300mm below the surface vertically upwards to—\nthe surface; or\nimmediately below a layer disturbed by human intervention, including, for example, by ploughing; or\nimmediately below a thin, natural surface layer; or\ngilgai.\nNon-rigid soils are soils other than rigid soils.\n(sch.3-sec.12-ssec.1) Rigid soils are soils with minimal capacity to shrink and swell with changing water content.\n(sch.3-sec.12-ssec.2) For subsection (1) , minimal capacity to shrink and swell exists only if, when dry, the soil does not have— open cracks that— are 5mm wide or more; and extend from at least 300mm below the surface vertically upwards to— the surface; or immediately below a layer disturbed by human intervention, including, for example, by ploughing; or immediately below a thin, natural surface layer; or gilgai.\n(sch.3-sec.12-ssec.3) Non-rigid soils are soils other than rigid soils.\n- (a) open cracks that— (i) are 5mm wide or more; and (ii) extend from at least 300mm below the surface vertically upwards to— (A) the surface; or (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or (C) immediately below a thin, natural surface layer; or\n- (i) are 5mm wide or more; and\n- (ii) extend from at least 300mm below the surface vertically upwards to— (A) the surface; or (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or (C) immediately below a thin, natural surface layer; or\n- (A) the surface; or\n- (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or\n- (C) immediately below a thin, natural surface layer; or\n- (b) gilgai.\n- (i) are 5mm wide or more; and\n- (ii) extend from at least 300mm below the surface vertically upwards to— (A) the surface; or (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or (C) immediately below a thin, natural surface layer; or\n- (A) the surface; or\n- (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or\n- (C) immediately below a thin, natural surface layer; or\n- (A) the surface; or\n- (B) immediately below a layer disturbed by human intervention, including, for example, by ploughing; or\n- (C) immediately below a thin, natural surface layer; or","sortOrder":67},{"sectionNumber":"sch.3-sec.13","sectionType":"section","heading":"Meaning of slope","content":"### sch.3-sec.13 Meaning of slope\n\nThe slope of particular land is the upward or downward surface incline measured over an interval of at least 20m.","sortOrder":68},{"sectionNumber":"sch.3-sec.14","sectionType":"section","heading":"Meaning of soil depth","content":"### sch.3-sec.14 Meaning of soil depth\n\nSoil depth , for soil, is the depth of the soil to any of the following—\nbedrock;\na hard pan;\nweathered rock;\na continuous gravel layer.\nIn this section—\ncontinuous gravel layer means a continuous layer that—\nextends beneath most of the surface; and\ncontains very abundant (90% or more) unconsolidated rock fragments of 2mm or more.\nA continuous gravel layer retards penetration by plant roots.\nhard pan means a hardened layer of soil—\nformed by natural processes; and\nthat is a strongly cemented or very strongly cemented pan as defined under the field handbook.\n(sch.3-sec.14-ssec.1) Soil depth , for soil, is the depth of the soil to any of the following— bedrock; a hard pan; weathered rock; a continuous gravel layer.\n(sch.3-sec.14-ssec.2) In this section— continuous gravel layer means a continuous layer that— extends beneath most of the surface; and contains very abundant (90% or more) unconsolidated rock fragments of 2mm or more. A continuous gravel layer retards penetration by plant roots. hard pan means a hardened layer of soil— formed by natural processes; and that is a strongly cemented or very strongly cemented pan as defined under the field handbook.\n- (a) bedrock;\n- (b) a hard pan;\n- (c) weathered rock;\n- (d) a continuous gravel layer.\n- (a) extends beneath most of the surface; and\n- (b) contains very abundant (90% or more) unconsolidated rock fragments of 2mm or more. Note— A continuous gravel layer retards penetration by plant roots.\n- (a) formed by natural processes; and\n- (b) that is a strongly cemented or very strongly cemented pan as defined under the field handbook.","sortOrder":69},{"sectionNumber":"sch.3-sec.15","sectionType":"section","heading":"Meaning of soil physico-chemical limitation","content":"### sch.3-sec.15 Meaning of soil physico-chemical limitation\n\nA soil physico-chemical limitation , for soil, means it has—\nfor any soil in the Western Cropping zone or Eastern Darling Downs zone—a chloride content of more than 800mg/kg; and\nfor any soil in the Coastal Queensland zone, Granite Belt zone or Wet Tropics zone—an electrical conductivity of more than 0.56dS/m; and\nfor any soil in any zone—a soil pH of 5.0 or less; and\nfor rigid soils in any zone—\na soil pH of more than 8.9; or\nan exchangeable sodium percentage of more than 15; or\na calcium to magnesium ratio of 0.1 or less.\nThe exchangeable sodium percentage is the percentage of the total cation exchange capacity ( CEC ) due to exchangeable sodium, measured using—\ngenerally—the most appropriate method described in table 15.2 of soil chemical methods; or\nfor strongly acid soils—method 15J1 in soil chemical methods (known as ‘effective CEC’ or ‘ECEC’).\nHowever, the exchangeable sodium percentage must not be used if—\nthe CEC or ECEC is less than 3cmol c /kg; or\nthe soil texture is sandy loam or lighter as defined under the field handbook.\nThe calcium to magnesium ratio is the ratio of exchangeable calcium to exchangeable magnesium worked out using a relevant method under soil chemical methods.\n(sch.3-sec.15-ssec.1) A soil physico-chemical limitation , for soil, means it has— for any soil in the Western Cropping zone or Eastern Darling Downs zone—a chloride content of more than 800mg/kg; and for any soil in the Coastal Queensland zone, Granite Belt zone or Wet Tropics zone—an electrical conductivity of more than 0.56dS/m; and for any soil in any zone—a soil pH of 5.0 or less; and for rigid soils in any zone— a soil pH of more than 8.9; or an exchangeable sodium percentage of more than 15; or a calcium to magnesium ratio of 0.1 or less.\n(sch.3-sec.15-ssec.2) The exchangeable sodium percentage is the percentage of the total cation exchange capacity ( CEC ) due to exchangeable sodium, measured using— generally—the most appropriate method described in table 15.2 of soil chemical methods; or for strongly acid soils—method 15J1 in soil chemical methods (known as ‘effective CEC’ or ‘ECEC’).\n(sch.3-sec.15-ssec.3) However, the exchangeable sodium percentage must not be used if— the CEC or ECEC is less than 3cmol c /kg; or the soil texture is sandy loam or lighter as defined under the field handbook.\n(sch.3-sec.15-ssec.4) The calcium to magnesium ratio is the ratio of exchangeable calcium to exchangeable magnesium worked out using a relevant method under soil chemical methods.\n- (a) for any soil in the Western Cropping zone or Eastern Darling Downs zone—a chloride content of more than 800mg/kg; and\n- (b) for any soil in the Coastal Queensland zone, Granite Belt zone or Wet Tropics zone—an electrical conductivity of more than 0.56dS/m; and\n- (c) for any soil in any zone—a soil pH of 5.0 or less; and\n- (d) for rigid soils in any zone— (i) a soil pH of more than 8.9; or (ii) an exchangeable sodium percentage of more than 15; or (iii) a calcium to magnesium ratio of 0.1 or less.\n- (i) a soil pH of more than 8.9; or\n- (ii) an exchangeable sodium percentage of more than 15; or\n- (iii) a calcium to magnesium ratio of 0.1 or less.\n- (i) a soil pH of more than 8.9; or\n- (ii) an exchangeable sodium percentage of more than 15; or\n- (iii) a calcium to magnesium ratio of 0.1 or less.\n- (a) generally—the most appropriate method described in table 15.2 of soil chemical methods; or\n- (b) for strongly acid soils—method 15J1 in soil chemical methods (known as ‘effective CEC’ or ‘ECEC’).\n- (a) the CEC or ECEC is less than 3cmol c /kg; or\n- (b) the soil texture is sandy loam or lighter as defined under the field handbook.","sortOrder":70},{"sectionNumber":"sch.3-sec.16","sectionType":"section","heading":"Meaning of soil water storage","content":"### sch.3-sec.16 Meaning of soil water storage\n\nSoil water storage is the amount of total water stored in a soil profile that is available for plant use, expressed as millimetres of water from the surface to the effective rooting depth of the soil.\nFor subsection (1) —\nthe amount may be worked out by—\na combination of laboratory measurement and the soil texture look-up table using the methodology under subsection (4) ; or\na combination of laboratory measurement and pedotransfer functions approved by the chief executive using the methodology under subsection (5) ; or\nany other method approved by the chief executive; and\nthe effective rooting depth of the soil is the shallowest of the following for the soil—\nits soil depth;\nthe depth of any soil physico-chemical limitation for the soil;\na depth of 1,000mm.\nHowever, the soil texture look-up table can not be used if the value worked out by using the table is within 15% of the amount stated in part 2 , criterion 8 for the zone.\nFor subsection (2) (a) (i) , the methodology is—\nthe particle size fractions must be worked out using the particle diameters in the recommended scale in figure 15 in the field handbook; and\nthe soil texture class must be worked out by applying the particle size fractions determined in paragraph (a) to the triangular texture diagram in figure 16 in the field handbook; and\nthe soil water storage for the soil texture class worked out under paragraph (b) is the value worked out using the soil texture look-up table.\nFor subsection (2) (a) (ii) , the methodology is—\nthe particle size fractions must be worked out using the particle diameters in the recommended scale in figure 15 in the field handbook; and\nthe gravimetric water content at the lower limit must be measured at a soil water potential of negative 1,500kPa; and\nthe soil water storage is the value worked out using the pedotransfer functions.\nIn this section—\npedotransfer function means an empirically derived mathematical equation or algorithm that allows the prediction of a difficult-to-measure soil attribute using more readily measurable soil parameters or pedological properties.\nsoil texture look-up table means the following table, using the soil texture classes under the field handbook—\nSoil texture\nEstimated soil water storage per 100mm of soil depth (in mm)\nsand, clayey sand or loamy sand\n4\nsandy loam\n5\nloam, silty loam or sandy clay loam\n6\nclay loam, sandy clay loam or silty clay loam\n8\nsilty clay or clay less than 45% clay\n10\nclay equal to or greater than 45% clay\n12\nIndividual values for each increment or soil layer are summed to the effective rooting depth to give the soil water storage.\n(sch.3-sec.16-ssec.1) Soil water storage is the amount of total water stored in a soil profile that is available for plant use, expressed as millimetres of water from the surface to the effective rooting depth of the soil.\n(sch.3-sec.16-ssec.2) For subsection (1) — the amount may be worked out by— a combination of laboratory measurement and the soil texture look-up table using the methodology under subsection (4) ; or a combination of laboratory measurement and pedotransfer functions approved by the chief executive using the methodology under subsection (5) ; or any other method approved by the chief executive; and the effective rooting depth of the soil is the shallowest of the following for the soil— its soil depth; the depth of any soil physico-chemical limitation for the soil; a depth of 1,000mm.\n(sch.3-sec.16-ssec.3) However, the soil texture look-up table can not be used if the value worked out by using the table is within 15% of the amount stated in part 2 , criterion 8 for the zone.\n(sch.3-sec.16-ssec.4) For subsection (2) (a) (i) , the methodology is— the particle size fractions must be worked out using the particle diameters in the recommended scale in figure 15 in the field handbook; and the soil texture class must be worked out by applying the particle size fractions determined in paragraph (a) to the triangular texture diagram in figure 16 in the field handbook; and the soil water storage for the soil texture class worked out under paragraph (b) is the value worked out using the soil texture look-up table.\n(sch.3-sec.16-ssec.5) For subsection (2) (a) (ii) , the methodology is— the particle size fractions must be worked out using the particle diameters in the recommended scale in figure 15 in the field handbook; and the gravimetric water content at the lower limit must be measured at a soil water potential of negative 1,500kPa; and the soil water storage is the value worked out using the pedotransfer functions.\n(sch.3-sec.16-ssec.6) In this section— pedotransfer function means an empirically derived mathematical equation or algorithm that allows the prediction of a difficult-to-measure soil attribute using more readily measurable soil parameters or pedological properties. soil texture look-up table means the following table, using the soil texture classes under the field handbook— Soil texture Estimated soil water storage per 100mm of soil depth (in mm) sand, clayey sand or loamy sand 4 sandy loam 5 loam, silty loam or sandy clay loam 6 clay loam, sandy clay loam or silty clay loam 8 silty clay or clay less than 45% clay 10 clay equal to or greater than 45% clay 12 Individual values for each increment or soil layer are summed to the effective rooting depth to give the soil water storage.\n- (a) the amount may be worked out by— (i) a combination of laboratory measurement and the soil texture look-up table using the methodology under subsection (4) ; or (ii) a combination of laboratory measurement and pedotransfer functions approved by the chief executive using the methodology under subsection (5) ; or (iii) any other method approved by the chief executive; and\n- (i) a combination of laboratory measurement and the soil texture look-up table using the methodology under subsection (4) ; or\n- (ii) a combination of laboratory measurement and pedotransfer functions approved by the chief executive using the methodology under subsection (5) ; or\n- (iii) any other method approved by the chief executive; and\n- (b) the effective rooting depth of the soil is the shallowest of the following for the soil— (i) its soil depth; (ii) the depth of any soil physico-chemical limitation for the soil; (iii) a depth of 1,000mm.\n- (i) its soil depth;\n- (ii) the depth of any soil physico-chemical limitation for the soil;\n- (iii) a depth of 1,000mm.\n- (i) a combination of laboratory measurement and the soil texture look-up table using the methodology under subsection (4) ; or\n- (ii) a combination of laboratory measurement and pedotransfer functions approved by the chief executive using the methodology under subsection (5) ; or\n- (iii) any other method approved by the chief executive; and\n- (i) its soil depth;\n- (ii) the depth of any soil physico-chemical limitation for the soil;\n- (iii) a depth of 1,000mm.\n- (a) the particle size fractions must be worked out using the particle diameters in the recommended scale in figure 15 in the field handbook; and\n- (b) the soil texture class must be worked out by applying the particle size fractions determined in paragraph (a) to the triangular texture diagram in figure 16 in the field handbook; and\n- (c) the soil water storage for the soil texture class worked out under paragraph (b) is the value worked out using the soil texture look-up table.\n- (a) the particle size fractions must be worked out using the particle diameters in the recommended scale in figure 15 in the field handbook; and\n- (b) the gravimetric water content at the lower limit must be measured at a soil water potential of negative 1,500kPa; and\n- (c) the soil water storage is the value worked out using the pedotransfer functions.","sortOrder":71},{"sectionNumber":"sch.3-sec.17","sectionType":"section","heading":"Meaning of surface","content":"### sch.3-sec.17 Meaning of surface\n\nSurface , for a provision about land or soil, is the ground surface of the land or soil.","sortOrder":72},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Criteria","content":"# Criteria","sortOrder":73},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":74},{"sectionNumber":"sch.4-sec.1","sectionType":"section","heading":"Definition for schedule","content":"### sch.4-sec.1 Definition for schedule\n\nIn this schedule—\nexpected area of impact , for an assessment application, means the area in which—\nthe activity is proposed to be carried out; and\ncarrying out the activity is likely to have an impact.\n- (a) the activity is proposed to be carried out; and\n- (b) carrying out the activity is likely to have an impact.","sortOrder":75},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Priority agricultural areas","content":"# Priority agricultural areas","sortOrder":76},{"sectionNumber":"sch.4-pt.3","sectionType":"part","heading":"Priority living areas","content":"# Priority living areas","sortOrder":77},{"sectionNumber":"sch.4-pt.4","sectionType":"part","heading":"Strategic cropping areas","content":"# Strategic cropping areas","sortOrder":78},{"sectionNumber":"sch.4-pt.5","sectionType":"part","heading":"Strategic environmental areas","content":"# Strategic environmental areas","sortOrder":79}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2014 scope. It now includes detailed provisions for unconventional gas and oil (coal seam gas, deep coal gas, shale gas, tight gas) and their specific treatment in strategic environmental areas — a policy area that grew substantially with Queensland's CSG boom. New strategic environmental areas have been added (Gulf Rivers, Hinchinbrook Island) and specific 'unacceptable use' prohibitions have been introduced for designated precincts. The 2023–2025 amendments added complex transitional arrangements for existing petroleum tenure holders in the Channel Country, and new provisions for critical minerals extraction in that same area — reflecting the shift in policy focus toward the critical minerals sector. These additions represent a material broadening of both the protected areas covered and the types of resource activities regulated."},"complexity_factors":["Multiple interlocking regulatory regimes covering four different types of protected areas (priority agricultural areas, strategic cropping land, priority living areas, strategic environmental areas), each with their own assessment criteria and prescribed solutions","Heavy reliance on external instruments: references to the Basin Plan 2012 (Cwlth), Water Act 2007 (Cwlth), Petroleum and Gas (Production and Safety) Act 2004, Mineral Resources Act 1989, Environmental Protection Act, Planning Act, and multiple subordinate regulations","Complex mitigation value calculations using 'fee units' across 14 different geographic sub-zones with widely varying rates","Highly technical soil classification criteria in Schedule 3 using scientific colour charts, precise measurements (e.g. 0.1 millidarcies porosity thresholds), and geological terminology","Intricate transitional provisions for existing petroleum lease holders with multiple date-specific carve-outs (pre/post 22 December 2023, and up to 30 August 2024)","Layered and conditional logic: activities must satisfy 'required outcomes' which are only met by satisfying 'prescribed solutions', with different outcomes applying depending on whether activity is on one property or multiple properties","Technical distinction between conventional and unconventional gas/oil with detailed geological definitions (coal seam gas, deep coal gas, shale gas, tight gas) each carrying different regulatory consequences","Geographic boundaries defined by reference to external maps held by government departments (not reproduced in the regulation itself), making the actual scope impossible to determine from the text alone","Multiple amendments since 2014 (through to 2025) creating potential inconsistencies and requiring readers to track legislative history","Interaction between this regulation and the parent Act (Regional Planning Interests Act) means the regulation alone cannot be understood without reading the Act"],"plain_english_summary":"## What This Law Does\n\nThis Queensland regulation sets the rules for how **resource companies** (mining, gas, and petroleum businesses) and others must apply to carry out certain activities in **protected regional areas** of Queensland. It also sets out how those activities must be assessed and what conditions apply.\n\n## Who It Affects\n\n- **Resource companies** (miners, gas drillers, petroleum producers) wanting to operate in sensitive Queensland regions\n- **Farmers** whose land may be affected by resource activities\n- **Landowners** in protected areas like the Channel Country, Gulf Country, and Hinchinbrook Island\n- **Communities** living near resource activity zones\n- **Government assessors** who review applications\n\n## The Key Areas This Law Protects\n\n1. **Priority Agricultural Areas** — Queensland's best farming land, including land that relies on the Condamine Alluvium groundwater system (an underground water source crucial to the Darling Downs farming region)\n2. **Strategic Cropping Land (SCL)** — high-value crop-growing land that cannot easily be replaced\n3. **Strategic Environmental Areas** — ecologically sensitive regions including the Channel Country (outback flood plains), Gulf Rivers country, and Hinchinbrook Island\n4. **Priority Living Areas** — established residential and community zones\n\n## What the Law Requires\n\n**If you want to mine, drill, or conduct resource activities in these protected areas, you must:**\n- Lodge a formal *assessment application* (a detailed approval request) and pay a fee\n- Prove your activity won't seriously damage farming land, water sources, or the environment\n- Notify the public (at least once in a local newspaper) if the activity is in a priority living area\n- Consult with landowners if you don't own the land\n\n**Key rules include:**\n- No more than **2% of a farm's productive land** can be permanently lost to resource activity\n- If your activity permanently damages strategic cropping land, you must pay **mitigation (compensation/offset) costs** based on a per-hectare fee that varies by region (ranging from roughly 5,500 to 29,000 fee units per hectare — with South East Queensland the most expensive)\n- A **mitigation deed** (a legal agreement to restore or offset damage) must be signed and reported on periodically\n- Certain activities — like **open-cut mining, broadacre cropping (large-scale farming), and large dams** — are **banned outright** in designated precincts of sensitive environmental areas\n- **Coal seam gas (CSG), deep coal gas, shale gas, and tight gas** are classified as \"unconventional\" resources and face stricter restrictions in sensitive areas. **Conventional oil and gas** (traditional drilling) has some transitional exemptions for existing licence holders\n\n## Why It Matters\n\nThis regulation sits at the heart of Queensland's resource boom management. It tries to balance the economic value of mining and gas extraction against protecting:\n- Food production capacity (Queensland's farms feed much of Australia)\n- Water security (especially the Great Artesian Basin and other groundwater systems)\n- Unique and irreplaceable ecosystems like the Channel Country's flood plains\n\nIf you're a farmer, community member, or business in or near these areas, this regulation determines whether a mine or gas well can be built next to you — and what protections you're entitled to."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sch.2-sec.12 (ssec.1)","severity":"high","reasoning":"Section sch.2-sec.12(1)(a) uses 'or' rather than 'and', meaning the trigger for required outcome 3 is disjunctive. An activity satisfying required outcome 1 (no impact whatsoever) that spans two properties is simultaneously declared to have no SCL impact AND must comply with requirements premised on having an impact. Compare with sch.2-sec.10(1)(a) which uses 'and' — the drafting inconsistency suggests the 'or' in sec.12 is erroneous, but as written it is logically contradictory.","confidence":0.82,"description":"Required outcome 3 for strategic cropping land applies to activities that 'do not meet required outcome 1 OR are being carried out on 2 or more properties'. The use of 'or' means an activity that meets required outcome 1 (no impact on strategic cropping land) but happens to span two properties is still caught by required outcome 3. This creates the absurd situation where an activity with zero impact on strategic cropping land must still demonstrate it manages impacts on strategic cropping land at a regional scale."},{"type":"impossible_compliance","section":"sch.2-sec.3 (ssec.3)(b)","severity":"medium","reasoning":"Proving that an activity categorically cannot be carried out anywhere else that is not priority agricultural land — including the open-ended category of 'another nearby location' — is an evidentiary impossibility. There will virtually always be some non-priority agricultural land somewhere nearby. The same formulation appears in sch.2-sec.5(1)(b), sch.2-sec.11(b), and sch.2-sec.13(1)(a), multiplying the problem.","confidence":0.75,"description":"The second prescribed solution for required outcome 1 requires demonstration that 'the activity cannot be carried out on other land that is not used for a priority agricultural land use'. This is an impossible compliance burden — an applicant must prove a negative about all conceivable alternative locations, including land elsewhere on the property, adjacent properties, or 'another nearby location'. The phrase 'another nearby location' is undefined and potentially infinite in scope, making it logically impossible to fully demonstrate compliance."},{"type":"impossible_compliance","section":"sch.2-sec.5 (ssec.3) and (ssec.4)","severity":"medium","reasoning":"A pre-activity strategy must guarantee net replenishment of future, uncertain, unquantified water losses. Since CSG water production volumes are inherently variable and unpredictable, any strategy committed to at application stage may be structurally incapable of guaranteeing 'all' water replacement. The definition of net replenishment (100% replacement of all lost water) admits no shortfall, yet the losses cannot be known with precision before the activity occurs.","confidence":0.7,"description":"Net replenishment of a regionally significant water source is defined as replacing 'all water that is no longer available for a priority agricultural land use' due to producing CSG or associated water. However, the requirement must be demonstrated in the assessment application before the activity commences, meaning the applicant must have a strategy in place to replenish water losses that have not yet occurred and whose magnitude is inherently uncertain at application stage."},{"type":"self_contradicting","section":"sch.2-sec.15 (ssec.2) and (ssec.2A)","severity":"medium","reasoning":"The legislative policy clearly intends to grandfather pre-existing petroleum activities. However, by preserving the exception for leases that have been amended, renewed or transferred post-cutoff (subsection 2A(b)), the provision creates a perverse incentive: operators who modified their leases after 22 December 2023 receive more favourable treatment (conventional gas/oil only carve-out) than the most protected class (2A(a) — leases totally untouched since before the cutoff who get a full carve-out). The symmetry is inverted from what one would expect.","confidence":0.65,"description":"Section 15(2)(c) declares petroleum resource activities an unacceptable use in the Channel Country strategic environmental area designated precincts. Section 15(2A) then carves out exceptions for pre-existing leases and certain transitional applications. However, the exception in 15(2A)(b) applies to leases that 'have been amended, renewed or transferred on or after 22 December 2023' — meaning the exception paradoxically applies to leases that have been changed after the cutoff date, while the stricter rule applies to those unchanged. This rewards parties who amended/renewed their leases over those who complied with existing terms."},{"type":"other","section":"sch.2-sec.15 (ssec.3) — definition of 'unconventional gas or oil'","severity":"low","reasoning":"The named gases (coal seam gas, deep coal gas, shale gas, tight gas) in paragraph (a) are captured regardless of extraction method. But the paragraph (b) catch-all requires all three indicia to be present. A novel formation requiring extensive fracking and high-impact infrastructure but less than 2ML of water per well would fall outside both (a) and (b), escaping the unconventional classification despite its environmental character.","confidence":0.6,"description":"The definition of 'unconventional gas or oil' in paragraph (b) includes a gas or oil requiring 'the use of each of the following' — being extensive hydraulic fracturing, more than 2ML of water per well, and high-impact infrastructure. By requiring ALL THREE criteria to be satisfied simultaneously ('each'), the definition is extremely narrow and may fail to capture resources widely understood as unconventional (e.g., tight gas or shale gas) if they happen not to require more than 2ML of water per well. This creates a gap between the specific named gases in paragraph (a) and the catch-all in paragraph (b)."},{"type":"other","section":"sec.4 (ssec.2)","severity":"medium","reasoning":"This is a sub-delegation of legislative power to an administrative map. While common in planning instruments, the absence of any amendment or notification mechanism means that rights and obligations under the regulation are contingent on a departmental website page that has no fixed legal status. A landowner cannot rely on the current map being the same map that applies to enforcement action taken later.","confidence":0.72,"description":"The SEA map defines the boundaries of strategic environmental areas, yet the map is held by the department and 'published on its website' with no requirement for the map to be fixed, versioned, or tabled in Parliament. The legal boundaries of regulated areas can therefore change without any legislative process, meaning both the regulated area and the legal rights/obligations of landholders can shift without notice or parliamentary scrutiny."},{"type":"other","section":"sch.2-sec.1 (ssec.1) — definition of 'pre-activity condition'","severity":"low","reasoning":"The fixed temporal window creates a snapshot that may not reflect reality at the time the activity actually commences or is assessed for restoration. This is particularly problematic for long-approval processes where years may elapse between soil assessment and activity commencement.","confidence":0.65,"description":"Pre-activity condition is defined as the condition of land's soil 'identified and analysed within 1 year before the making of an assessment application'. If an application lapses, is withdrawn, or if the assessment process takes longer than expected and the applicant re-applies, the pre-activity condition baseline must be re-established. More problematically, the definition is used to determine whether the land can be 'restored to its pre-activity condition' (sch.2-sec.1(2)), but if the soil changes between the baseline assessment and the commencement of activity (e.g. through drought, flood, or farming), the legal baseline is frozen at the application date regardless of actual conditions."},{"type":"other","section":"sec.13 (ssec.3)","severity":"low","reasoning":"The drafting creates a notification period that runs from an event (first publication) that subsection (2) describes only as to method, not timing. Without a requirement that publication occur within a defined period of application lodgement, an applicant could theoretically delay publication indefinitely and the 15 business day period would never commence.","confidence":0.55,"description":"Section 13(3) states the notification period is '15 business days after the notice about the application is first published under subsection (2)'. However, subsection (2) of section 13 specifies the method of publication (newspaper circulating in the area), not a timing requirement. There is no timing obligation in subsection (2) — the cross-reference is to a publication method, not a publication event that triggers the period with any enforceable deadline."}],"contradictions":[{"severity":"high","section_a":"sch.2-sec.10 (ssec.1)(a)","section_b":"sch.2-sec.12 (ssec.1)(a)","confidence":0.85,"description":"Required outcome 2 for strategic cropping land (single property) applies when the activity 'does not meet required outcome 1 AND is being carried out on a property (SCL)' — using conjunctive 'and'. Required outcome 3 (regional) applies when the activity 'does not meet required outcome 1 OR is being carried out on 2 or more properties' — using disjunctive 'or'. This inconsistency means required outcome 3 catches activities that DO meet required outcome 1 if they span multiple properties, while required outcome 2 only catches activities that fail required outcome 1. An activity satisfying required outcome 1 on multiple properties must still comply with required outcome 3 (managing regional impacts) despite having been found to have no impact on SCL."},{"severity":"medium","section_a":"sch.2-sec.14","section_b":"sch.2-sec.15 (ssec.1)(a)","confidence":0.78,"description":"The required outcome for strategic environmental areas (sec.14) is that the activity 'will not result in a widespread or irreversible impact on an environmental attribute'. However, the first limb of the prescribed solution (sec.15(1)(a)) requires demonstration that the activity 'will not, and is not likely to, have a direct or indirect impact' — a substantially higher and broader standard (any impact vs. widespread or irreversible impact). An activity could satisfy the required outcome while failing the prescribed solution, or alternatively, an activity demonstrating no direct or indirect impact clearly exceeds what the required outcome demands. The prescribed solution does not logically map to the required outcome it purports to satisfy."},{"severity":"medium","section_a":"sch.2-sec.3 (ssec.3)(a)(i)","section_b":"sch.2-sec.3 (ssec.3)(f)","confidence":0.8,"description":"Within the second prescribed solution for required outcome 1, paragraph (a) applies only when 'the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner', requiring consultation with the owner. Paragraph (f) requires demonstration that 'the activity is not likely to have an impact on land owned by a person other than the applicant or the land owner mentioned in paragraph (a)'. When the applicant IS the owner (so paragraph (a) does not apply), paragraph (f) still refers to 'the land owner mentioned in paragraph (a)' — a person who is not identified in that scenario. The cross-reference is meaningless in owner-applicant cases."},{"severity":"medium","section_a":"sec.14 (ssec.4)","section_b":"sch.2-pt.4 (secs.8–13)","confidence":0.7,"description":"Section 14(4) provides that where an activity is proposed on priority agricultural land in a priority agricultural area that is also in the strategic cropping area, the assessor 'only need be satisfied the activity meets the applicable required outcome stated in schedule 2 for the priority agricultural area'. This effectively disapplies the strategic cropping area required outcomes (sch.2-secs.8–13). However, the strategic cropping area has its own distinct SCL mitigation regime (including mitigation deeds under sec.17 and mitigation values under sec.16) which is premised on the strategic cropping required outcomes applying. Disapplying those outcomes for overlapping land removes the trigger for the SCL mitigation regime without expressly preserving or extinguishing it."},{"severity":"medium","section_a":"sch.2-sec.15 (ssec.2)(c)","section_b":"sch.2-sec.15 (ssec.2)(d)","confidence":0.67,"description":"Section 15(2)(c) declares all petroleum resource activities to be unacceptable uses in designated precincts of the Channel Country strategic environmental area. Section 15(2)(d) declares open cut mining to be an unacceptable use in any designated precinct of any strategic environmental area, except for critical minerals mining in the Channel Country. Read together, a petroleum resource activity involving open cut mining in the Channel Country designated precinct is simultaneously caught by both (c) (as a petroleum resource activity) and (d) (as open cut mining). However, the exception in (d) for critical minerals in the Channel Country could be read as implicitly permitting what (c) absolutely prohibits, creating an unresolved conflict between the two prohibitions for this specific factual scenario."},{"severity":"low","section_a":"sch.3-sec.2","section_b":"sch.3-sec.3","confidence":0.82,"description":"Favourable drainage is defined as no waterlogged layer within 1,000mm of the surface (sec.2). Satisfactory drainage is defined as no waterlogged layer within 300mm of the surface (sec.3). The naming convention implies 'favourable' is better than 'satisfactory', yet 'favourable' drainage sets the more stringent standard (waterlogging must be absent to a greater depth of 1,000mm vs. 300mm). This is counterintuitive and likely to cause interpretation errors — land free of waterlogging to only 400mm depth would have 'satisfactory' drainage but not 'favourable' drainage, despite the ordinary meaning suggesting satisfactory is a lesser standard."}]},"kimi_summary":{"_metrics":{"completionTokens":649},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2014 scope. Originally focused on agricultural land protection, it now includes: (1) 2023 amendments adding Hinchinbrook Island as a strategic environmental area and removing the Galilee Basin; (2) 2024 Lake Eyre Basin amendments introducing complex transitional arrangements for petroleum activities; (3) 2025 amendments adding critical minerals exemptions and updated definitions. The strategic environmental area provisions have become substantially more prescriptive, with detailed bans on specific extraction methods and grandfathering clauses for existing tenures."},"complexity_factors":["Extensive cross-referencing to other legislation (Petroleum and Gas Act, Mineral Resources Act, Water Act, Environmental Protection Act, Planning Act)","Multiple nested conditional tests for assessment criteria (e.g., 'if applicant is not owner AND has not entered voluntary agreement AND activity on priority agricultural land...')","Detailed technical soil science definitions in Schedule 3 (gleyed colours, exchangeable sodium percentage, pedotransfer functions)","Zone-based fee calculations with 12 different sub-zone rates for mitigation values","Complex transitional provisions with multiple date thresholds (22 December 2023, 30 August 2024)","Layered 'required outcomes' and 'prescribed solutions' structure creating multiple pathways to compliance","Extensive defined terms including specialised geological and petroleum terminology (tight gas, shale gas, hydraulic fracturing thresholds)","Reference to external maps and documents (SEA maps, soil survey field handbook) not contained in the regulation itself"],"plain_english_summary":"This Queensland regulation protects four types of **\"areas of regional interest\"** from incompatible development, particularly mining and gas extraction.\n\n**What it covers:**\n\n- **Priority Agricultural Areas** — prime farming land where the Condamine Alluvium groundwater system is designated as critically important\n- **Strategic Cropping Areas** — high-quality agricultural land with detailed soil criteria (drainage, rockiness, chemistry, water storage)\n- **Priority Living Areas** — towns and communities where development must fit with planning schemes\n- **Strategic Environmental Areas** — three protected regions (Channel Country, Gulf Rivers, Hinchinbrook Island) with specific environmental attributes like natural water flows, wildlife corridors, and water quality\n\n**What it does:**\n\n- Requires **resource companies** (mining, petroleum, gas) to get approval before operating in these areas\n- Sets **strict assessment criteria** — applicants must prove minimal impact, no better alternatives exist, and they have negotiated with landowners\n- Bans or restricts specific activities in sensitive zones (e.g., no open-cut mining in Channel Country, no broadacre cropping or dams in environmental areas)\n- Requires **mitigation payments** for permanent damage to strategic cropping land, calculated per hectare at rates ranging from ~$5,750 to ~$29,000 depending on location\n- Establishes **fees** for applications and amendments\n\n**Recent changes** include transitional protections for existing petroleum leases and new restrictions on unconventional gas operations in environmental areas from December 2023."},"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-regulation-2014","history":"/api/acts/regional-planning-interests-regulation-2014/history","analysis":"/api/acts/regional-planning-interests-regulation-2014/analysis","conflicts":"/api/acts/regional-planning-interests-regulation-2014/conflicts","importantCases":"/api/acts/regional-planning-interests-regulation-2014/important-cases","documents":"/api/acts/regional-planning-interests-regulation-2014/documents"}}