QLDIn ForceRegulation
Environmental Protection Regulation 2019
sec.41CAdditional requirement for PRCP schedule decisions—void situated wholly or partly in flood plain
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### sec.41C Additional requirement for PRCP schedule decisions—void situated wholly or partly in flood plain
Subsections (2) and (3) apply for making the PRCP schedule decision if land the subject of the PRCP schedule may contain a void situated wholly or partly in a flood plain.
The administering authority must consider the results of flood plain modelling carried out in relation to the land the subject of the PRCP schedule.
The administering authority must treat the land as a flood plain to the extent the results of the flood plain modelling show that, when all relevant activities carried out on the land have ended, the land is the same height as, or lower than, the level modelled as the peak water level 0.1% AEP for a relevant watercourse under the ARR.
If the administering authority is satisfied land the subject of a PRCP schedule contains a void situated wholly or partly in a flood plain, the administering authority may approve or amend the schedule only if it provides for rehabilitation of the land comprising the void, to the extent it is situated in the flood plain, to a stable condition.
In this section—
AEP has the meaning given under the ARR.
ARR means the guideline called the Australian Rainfall and Runoff published by the Commonwealth.
The ARR is available on the Australian Rainfall and Runoff website at www.arr.ga.gov.au.
artificial feature , for land the subject of a PRCP schedule, means—
a structure or feature that is temporary and, under the PRCP schedule or otherwise, is to be removed from the land; or
a structure or feature that, under the PRCP schedule, will require a level of maintenance after the land is surrendered that is greater than the level of maintenance that would be required for the land if the relevant activities the subject of the PRCP schedule had not been carried out; or
a feature forming part of the landform of the land, other than the natural landform, if the feature interferes with or affects—
a relevant watercourse; or
the natural flow of water on the land.
flood plain modelling , for land the subject of a PRCP schedule, means modelling of the landform of the land—
carried out under the ARR; and
excluding any artificial features for the land.
relevant watercourse means—
a watercourse classified as stream order 4 or higher under the Strahler stream order classification system; or
if a watercourse mentioned in paragraph (a) is permanently diverted under—
a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or
a water licence or proposed water licence under the Water Act 2000 ;
the watercourse as permanently diverted.
s 41C ins 2019 SL No. 198 s 8
(sec.41C-ssec.1) Subsections (2) and (3) apply for making the PRCP schedule decision if land the subject of the PRCP schedule may contain a void situated wholly or partly in a flood plain.
(sec.41C-ssec.2) The administering authority must consider the results of flood plain modelling carried out in relation to the land the subject of the PRCP schedule.
(sec.41C-ssec.3) The administering authority must treat the land as a flood plain to the extent the results of the flood plain modelling show that, when all relevant activities carried out on the land have ended, the land is the same height as, or lower than, the level modelled as the peak water level 0.1% AEP for a relevant watercourse under the ARR.
(sec.41C-ssec.4) If the administering authority is satisfied land the subject of a PRCP schedule contains a void situated wholly or partly in a flood plain, the administering authority may approve or amend the schedule only if it provides for rehabilitation of the land comprising the void, to the extent it is situated in the flood plain, to a stable condition.
(sec.41C-ssec.5) In this section— AEP has the meaning given under the ARR. ARR means the guideline called the Australian Rainfall and Runoff published by the Commonwealth. The ARR is available on the Australian Rainfall and Runoff website at www.arr.ga.gov.au. artificial feature , for land the subject of a PRCP schedule, means— a structure or feature that is temporary and, under the PRCP schedule or otherwise, is to be removed from the land; or a structure or feature that, under the PRCP schedule, will require a level of maintenance after the land is surrendered that is greater than the level of maintenance that would be required for the land if the relevant activities the subject of the PRCP schedule had not been carried out; or a feature forming part of the landform of the land, other than the natural landform, if the feature interferes with or affects— a relevant watercourse; or the natural flow of water on the land. flood plain modelling , for land the subject of a PRCP schedule, means modelling of the landform of the land— carried out under the ARR; and excluding any artificial features for the land. relevant watercourse means— a watercourse classified as stream order 4 or higher under the Strahler stream order classification system; or if a watercourse mentioned in paragraph (a) is permanently diverted under— a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or a water licence or proposed water licence under the Water Act 2000 ; the watercourse as permanently diverted.
- (a) a structure or feature that is temporary and, under the PRCP schedule or otherwise, is to be removed from the land; or
- (b) a structure or feature that, under the PRCP schedule, will require a level of maintenance after the land is surrendered that is greater than the level of maintenance that would be required for the land if the relevant activities the subject of the PRCP schedule had not been carried out; or
- (c) a feature forming part of the landform of the land, other than the natural landform, if the feature interferes with or affects— (i) a relevant watercourse; or (ii) the natural flow of water on the land.
- (i) a relevant watercourse; or
- (ii) the natural flow of water on the land.
- (i) a relevant watercourse; or
- (ii) the natural flow of water on the land.
- (a) carried out under the ARR; and
- (b) excluding any artificial features for the land.
- (a) a watercourse classified as stream order 4 or higher under the Strahler stream order classification system; or
- (b) if a watercourse mentioned in paragraph (a) is permanently diverted under— (i) a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or (ii) a water licence or proposed water licence under the Water Act 2000 ; the watercourse as permanently diverted.
- (i) a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or
- (ii) a water licence or proposed water licence under the Water Act 2000 ;
- (i) a condition, or proposed condition, of an environmental authority mentioned in the Water Act 2000 , section 98 ; or
- (ii) a water licence or proposed water licence under the Water Act 2000 ;