This Act requires people to hold a regional interests development approval before carrying out resource or prescribed 'regulated' activities in mapped priority agricultural, living, strategic cropping or environmental areas (secs 7, 16, 19). The chief executive decides applications and may impose conditions or require mitigation (fees, mitigation deeds or payments to a mitigation fund) while applicants bear notification, reporting and consultant costs; breaches attract criminal and civil penalties and enforcement orders (secs 29, 47–50, 62–69, 19–21, 85).
Mechanically, the Regional Planning Interests Act 2014 creates a standalone statutory regime that (1) identifies and defines four categories of “areas of regional interest” (priority agricultural areas, priority living areas, the strategic cropping area and strategic environmental areas) (ss 7-11); (2) prevents resource activities and prescribed “regulated activities” from being carried out in those areas except under a statutory authorisation called a regional interests development approval (RID approval) (ss 16, 19); (3) prescribes an application, assessment, referral, notification, decision and appeal process for those RID approvals (ss 28-57; Pt 5); (4) provides for conditions to be imposed on approvals, including SCL mitigation conditions relating to strategic cropping land, and a mitigation fund and deed mechanism to deliver mitigation measures (ss 50, 60-70); and (5) equips authorised officers under existing vegetation, local government and environmental statutes to investigate and enforce compliance with the Act within their subject-matter areas (ss 86-88). The Act expressly binds all persons (s 4) and applies notwithstanding certain other Acts, including the Environmental Protection Act, the Planning Act, the Water Act 2000 and resource Acts (s 5), and provides that regional interests conditions prevail over inconsistent conditions of a relevant resource or environmental authority for priority agricultural areas and the strategic cropping area (s 59).
The Act states its purposes in s 3: to identify areas of Queensland of regional interest, to give effect to State-interest policies in regional plans, and to manage the impact of resource and regulated activities and their coexistence with other activities (s 3). That is the statutory rationale; the operational mechanics to achieve that rationale are the mapping and categorisation of areas (ss 8-11), the permit requirement and penalty regime (ss 16, 19-20), the assessment and notification regime (ss 28-53, 34-38), and mitigation and compensation-like (but not compensatory) arrangements for strategic cropping land (Pt 4).
Current sections
Direct links to the current provisions in Regional Planning Interests Act 2014.
147
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction
Introduction
sec.1
Short title
sec.1 Short title
This Act may be cited as the Regional Planning Interests Act 2014 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
pt.1-div.2
Purposes and application of Act
Purposes and application of Act
sec.3
Purposes and achievement
sec.3 Purposes and achievement
The purposes of this Act are to—
identify areas of Queensland that are of regional interest because they contribute, or are likely to contribute, to Queensland’s economic, social and environmental prosperity; and
give effect to the policies about matters of State interest stated in regional plans; and
manage, including in ways identified in regional plans—
the impact of resource activities and other regulated activities on areas of regional interest; and
the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
To achieve its purposes, this Act provides for a transparent and accountable process for the impact of proposed resource activities and regulated activities on areas of regional interest to be assessed and managed.
(sec.3-ssec.1) The purposes of this Act are to— identify areas of Queensland that are of regional interest because they contribute, or are likely to contribute, to Queensland’s economic, social and environmental prosperity; and give effect to the policies about matters of State interest stated in regional plans; and manage, including in ways identified in regional plans— the impact of resource activities and other regulated activities on areas of regional interest; and the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
(sec.3-ssec.2) To achieve its purposes, this Act provides for a transparent and accountable process for the impact of proposed resource activities and regulated activities on areas of regional interest to be assessed and managed.
(a) identify areas of Queensland that are of regional interest because they contribute, or are likely to contribute, to Queensland’s economic, social and environmental prosperity; and
(b) give effect to the policies about matters of State interest stated in regional plans; and
(c) manage, including in ways identified in regional plans— (i) the impact of resource activities and other regulated activities on areas of regional interest; and (ii) the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
(i) the impact of resource activities and other regulated activities on areas of regional interest; and
(ii) the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
(i) the impact of resource activities and other regulated activities on areas of regional interest; and
(ii) the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
sec.4
Act binds all persons
sec.4 Act binds all persons
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
However, the Commonwealth or a State can not be prosecuted for an offence against this Act.
(sec.4-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
(sec.4-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.
sec.5
Relationship with resource Acts and Environmental Protection Act
sec.5 Relationship with resource Acts and Environmental Protection Act
This Act applies despite any resource Act, the Environmental Protection Act , the Planning Act or the Water Act 2000 (each the other Act ).
A restriction or requirement under this Act applies as well as any restriction or requirement under the other Act.
See also section 59 (Regional interests conditions paramount).
s 5 amd 2016 No. 27 s 425
(sec.5-ssec.1) This Act applies despite any resource Act, the Environmental Protection Act , the Planning Act or the Water Act 2000 (each the other Act ).
(sec.5-ssec.2) A restriction or requirement under this Act applies as well as any restriction or requirement under the other Act. See also section 59 (Regional interests conditions paramount).
pt.1-div.3
Interpretation
Interpretation
sec.6
Dictionary
sec.6 Dictionary
The dictionary in schedule 1 defines particular words used in this Act.
For the meanings of some words in particular contexts, see also section 18 .
sec.7
Area of regional interest
sec.7 Area of regional interest
Each of the following is an area of regional interest —
a priority agricultural area;
a priority living area;
the strategic cropping area;
a strategic environmental area.
(a) a priority agricultural area;
(b) a priority living area;
(c) the strategic cropping area;
(d) a strategic environmental area.
sec.8
Priority agricultural area
sec.8 Priority agricultural area
A priority agricultural area is an area that—
includes 1 or more areas used for a priority agricultural land use, whether it also includes other areas or features, including, for example, a regionally significant water source; and
is either—
shown on a map in a regional plan as a priority agricultural area; or
prescribed under a regulation.
A priority agricultural land use is highly productive agriculture—
of a type identified in a regional plan for an area of regional interest; or
of a type prescribed under a regulation for an area of regional interest.
A regionally significant water source is a water source prescribed under a regulation.
(sec.8-ssec.1) A priority agricultural area is an area that— includes 1 or more areas used for a priority agricultural land use, whether it also includes other areas or features, including, for example, a regionally significant water source; and is either— shown on a map in a regional plan as a priority agricultural area; or prescribed under a regulation.
(sec.8-ssec.2) A priority agricultural land use is highly productive agriculture— of a type identified in a regional plan for an area of regional interest; or of a type prescribed under a regulation for an area of regional interest.
(sec.8-ssec.3) A regionally significant water source is a water source prescribed under a regulation.
(a) includes 1 or more areas used for a priority agricultural land use, whether it also includes other areas or features, including, for example, a regionally significant water source; and
(b) is either— (i) shown on a map in a regional plan as a priority agricultural area; or (ii) prescribed under a regulation.
(i) shown on a map in a regional plan as a priority agricultural area; or
(ii) prescribed under a regulation.
(i) shown on a map in a regional plan as a priority agricultural area; or
(ii) prescribed under a regulation.
(a) of a type identified in a regional plan for an area of regional interest; or
(b) of a type prescribed under a regulation for an area of regional interest.
sec.9
Priority living area
sec.9 Priority living area
A priority living area is an area—
shown on a map in a regional plan as a priority living area; and
that includes the existing settled area of a city, town or other community and other areas necessary or desirable—
for the future growth of the existing settled area; and
as a buffer between the existing or a future settled area and resource activities.
(a) shown on a map in a regional plan as a priority living area; and
(b) that includes the existing settled area of a city, town or other community and other areas necessary or desirable— (i) for the future growth of the existing settled area; and (ii) as a buffer between the existing or a future settled area and resource activities.
(i) for the future growth of the existing settled area; and
(ii) as a buffer between the existing or a future settled area and resource activities.
(i) for the future growth of the existing settled area; and
(ii) as a buffer between the existing or a future settled area and resource activities.
sec.10
Strategic cropping area
sec.10 Strategic cropping area
The strategic cropping area consists of the areas shown on the SCL trigger map as strategic cropping land.
In this section—
strategic cropping land means land that is, or is likely to be, highly suitable for cropping because of a combination of the land’s soil, climate and landscape features.
(sec.10-ssec.1) The strategic cropping area consists of the areas shown on the SCL trigger map as strategic cropping land.
(sec.10-ssec.2) In this section— strategic cropping land means land that is, or is likely to be, highly suitable for cropping because of a combination of the land’s soil, climate and landscape features.
sec.11
Strategic environmental area
sec.11 Strategic environmental area
A strategic environmental area is an area that—
contains 1 or more environmental attributes for the area; and
is either—
shown on a map in a regional plan as a strategic environmental area; or
prescribed under a regulation.
the Steve Irwin Wildlife Reserve on Cape York Peninsula
the channel country of western Queensland
In this section—
environmental attribute , for an area, means an attribute of the environment identified as an environmental attribute for the area under a regional plan or regulation.
(sec.11-ssec.1) A strategic environmental area is an area that— contains 1 or more environmental attributes for the area; and is either— shown on a map in a regional plan as a strategic environmental area; or prescribed under a regulation. the Steve Irwin Wildlife Reserve on Cape York Peninsula the channel country of western Queensland
(sec.11-ssec.2) In this section— environmental attribute , for an area, means an attribute of the environment identified as an environmental attribute for the area under a regional plan or regulation.
(a) contains 1 or more environmental attributes for the area; and
(b) is either— (i) shown on a map in a regional plan as a strategic environmental area; or (ii) prescribed under a regulation. Examples of areas that may be shown or prescribed as strategic environmental areas— • the Steve Irwin Wildlife Reserve on Cape York Peninsula • the channel country of western Queensland
(i) shown on a map in a regional plan as a strategic environmental area; or
(ii) prescribed under a regulation.
• the Steve Irwin Wildlife Reserve on Cape York Peninsula
• the channel country of western Queensland
(i) shown on a map in a regional plan as a strategic environmental area; or
(ii) prescribed under a regulation.
• the Steve Irwin Wildlife Reserve on Cape York Peninsula
• the channel country of western Queensland
sec.12
Resource Act and resource activity
sec.12 Resource Act and resource activity
A resource Act is any of the following—
Geothermal Energy Act 2010 ;
Greenhouse Gas Storage Act 2009 ;
Mineral Resources Act 1989 ;
Petroleum Act 1923 ;
Petroleum and Gas (Production and Safety) Act 2004 .
A resource activity is—
an activity for which a resource authority is required to lawfully carry out; or
for a provision about a resource authority or proposed resource authority—an authorised activity for the authority or proposed authority (if granted) under the relevant resource Act.
In this Act, a reference to a resource activity includes a reference to the carrying out of the activity.
In this section—
relevant resource Act means the resource Act under which the authority is granted, or the proposed authority will, if granted, be granted.
(sec.12-ssec.1) A resource Act is any of the following— Geothermal Energy Act 2010 ; Greenhouse Gas Storage Act 2009 ; Mineral Resources Act 1989 ; Petroleum Act 1923 ; Petroleum and Gas (Production and Safety) Act 2004 .
(sec.12-ssec.2) A resource activity is— an activity for which a resource authority is required to lawfully carry out; or for a provision about a resource authority or proposed resource authority—an authorised activity for the authority or proposed authority (if granted) under the relevant resource Act.
(sec.12-ssec.3) In this Act, a reference to a resource activity includes a reference to the carrying out of the activity.
(sec.12-ssec.4) In this section— relevant resource Act means the resource Act under which the authority is granted, or the proposed authority will, if granted, be granted.
(a) Geothermal Energy Act 2010 ;
(b) Greenhouse Gas Storage Act 2009 ;
(c) Mineral Resources Act 1989 ;
(d) Petroleum Act 1923 ;
(e) Petroleum and Gas (Production and Safety) Act 2004 .
(a) an activity for which a resource authority is required to lawfully carry out; or
(b) for a provision about a resource authority or proposed resource authority—an authorised activity for the authority or proposed authority (if granted) under the relevant resource Act.
sec.13
Resource authority
sec.13 Resource authority
A resource authority is any of the following—
a geothermal tenure under the Geothermal Energy Act 2010 ;
a GHG permit or GHG lease under the Greenhouse Gas Storage Act 2009 ;
each of the following under the Mineral Resources Act 1989 —
a mining tenement other than a prospecting permit;
an approval that grants rights over land;
a 1923 Act petroleum tenure under the Petroleum Act 1923 ;
the following petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004 —
an authority to prospect;
a petroleum lease;
a pipeline licence;
a petroleum facility licence;
a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982 ;
an agreement or lease under or mentioned in any of the following Acts—
Alcan Queensland Pty. Limited Agreement Act 1965 ;
Central Queensland Coal Associates Agreement Act 1968 ;
Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984 ;
Central Queensland Coal Associates Agreement (Amendment) Act 1986 ;
Central Queensland Coal Associates Agreement Amendment Act 1989 ;
Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;
Mount Isa Mines Limited Agreement Act 1985 ;
Queensland Nickel Agreement Act 1970 ;
Queensland Nickel Agreement Act 1988 ;
Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ;
Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 .
(a) a geothermal tenure under the Geothermal Energy Act 2010 ;
(b) a GHG permit or GHG lease under the Greenhouse Gas Storage Act 2009 ;
(c) each of the following under the Mineral Resources Act 1989 — (i) a mining tenement other than a prospecting permit; (ii) an approval that grants rights over land;
(i) a mining tenement other than a prospecting permit;
(ii) an approval that grants rights over land;
(d) a 1923 Act petroleum tenure under the Petroleum Act 1923 ;
(e) the following petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004 — (i) an authority to prospect; (ii) a petroleum lease; (iii) a pipeline licence; (iv) a petroleum facility licence;
(i) an authority to prospect;
(ii) a petroleum lease;
(iii) a pipeline licence;
(iv) a petroleum facility licence;
(f) a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982 ;
(g) an agreement or lease under or mentioned in any of the following Acts— (i) Alcan Queensland Pty. Limited Agreement Act 1965 ; (ii) Central Queensland Coal Associates Agreement Act 1968 ; (iii) Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984 ; (iv) Central Queensland Coal Associates Agreement (Amendment) Act 1986 ; (v) Central Queensland Coal Associates Agreement Amendment Act 1989 ; (vi) Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ; (vii) Mount Isa Mines Limited Agreement Act 1985 ; (viii) Queensland Nickel Agreement Act 1970 ; (ix) Queensland Nickel Agreement Act 1988 ; (x) Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ; (xi) Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 .
An environmental authority is an environmental authority as defined under the Environmental Protection Act , schedule 4 .
sec.15
Authority holder
sec.15 Authority holder
An authority holder , for a provision about a resource activity, is the person who holds a resource authority or an environmental authority for the resource activity.
sec.16
Regional interests development approval
sec.16 Regional interests development approval
A regional interests development approval is an approval issued under section 53 that approves the carrying out of a resource activity or regulated activity in an area of regional interest following an assessment of the extent of the expected impact of the activity on the area.
A regional interests development approval includes any regional interest conditions of the approval.
(sec.16-ssec.1) A regional interests development approval is an approval issued under section 53 that approves the carrying out of a resource activity or regulated activity in an area of regional interest following an assessment of the extent of the expected impact of the activity on the area.
(sec.16-ssec.2) A regional interests development approval includes any regional interest conditions of the approval.
sec.17
Regulated activity
sec.17 Regulated activity
A regulated activity , for an area of regional interest, is an activity—
likely to have a widespread and irreversible impact on the area of regional interest; and
prescribed under a regulation for the area.
In this Act, a reference to a regulated activity includes a reference to the carrying out of the activity.
(sec.17-ssec.1) A regulated activity , for an area of regional interest, is an activity— likely to have a widespread and irreversible impact on the area of regional interest; and prescribed under a regulation for the area.
(sec.17-ssec.2) In this Act, a reference to a regulated activity includes a reference to the carrying out of the activity.
(a) likely to have a widespread and irreversible impact on the area of regional interest; and
(b) prescribed under a regulation for the area.
sec.18
References in provisions
sec.18 References in provisions
This section applies for any provision of this Act.
A reference to an application for a resource authority includes a reference to an application for any of the following for an existing resource authority—
an amendment;
a renewal;
a re-grant.
A reference to an application for an environmental authority includes a reference to an application for a major amendment to the environmental authority.
For a provision about an assessment application—
a reference to the applicant, or to a person who may make an application, includes a reference to the following—
the person who has made or may make the application;
anyone else in whom the benefit of the application vests from time to time; and
a reference to the land is a reference to the land the subject of the application; and
if the application is about a resource activity or regulated activity—a reference to the activity is a reference to the activity the subject of the application; and
a reference to the regional interests development approval is a reference to the approval issued, or that may be issued, as a result of the application.
For a provision about a decision, a reference to the land is a reference to the land the subject of the decision.
For a provision about a regional interests development approval, resource authority or environmental authority, a reference to the land is a reference to the land the subject of the approval or authority, or to which it attaches.
In a provision about a resource activity or a regulated activity in an area of regional interest, or having an impact on an area of regional interest, a reference to an area of regional interest is, for the strategic cropping area, a reference to an area that is in the strategic cropping area.
In this section—
major amendment , for an application to amend an environmental authority, means the amendment proposed in the application if—
an assessment level decision for the application has been made under the Environmental Protection Act , section 228 ; and
the decision is that the proposed amendment is a major amendment under that Act.
(sec.18-ssec.1) This section applies for any provision of this Act.
(sec.18-ssec.2) A reference to an application for a resource authority includes a reference to an application for any of the following for an existing resource authority— an amendment; a renewal; a re-grant.
(sec.18-ssec.3) A reference to an application for an environmental authority includes a reference to an application for a major amendment to the environmental authority.
(sec.18-ssec.4) For a provision about an assessment application— a reference to the applicant, or to a person who may make an application, includes a reference to the following— the person who has made or may make the application; anyone else in whom the benefit of the application vests from time to time; and a reference to the land is a reference to the land the subject of the application; and if the application is about a resource activity or regulated activity—a reference to the activity is a reference to the activity the subject of the application; and a reference to the regional interests development approval is a reference to the approval issued, or that may be issued, as a result of the application.
(sec.18-ssec.5) For a provision about a decision, a reference to the land is a reference to the land the subject of the decision.
(sec.18-ssec.6) For a provision about a regional interests development approval, resource authority or environmental authority, a reference to the land is a reference to the land the subject of the approval or authority, or to which it attaches.
(sec.18-ssec.7) In a provision about a resource activity or a regulated activity in an area of regional interest, or having an impact on an area of regional interest, a reference to an area of regional interest is, for the strategic cropping area, a reference to an area that is in the strategic cropping area.
(sec.18-ssec.8) In this section— major amendment , for an application to amend an environmental authority, means the amendment proposed in the application if— an assessment level decision for the application has been made under the Environmental Protection Act , section 228 ; and the decision is that the proposed amendment is a major amendment under that Act.
(a) an amendment;
(b) a renewal;
(c) a re-grant.
(a) a reference to the applicant, or to a person who may make an application, includes a reference to the following— (i) the person who has made or may make the application; (ii) anyone else in whom the benefit of the application vests from time to time; and
(i) the person who has made or may make the application;
(ii) anyone else in whom the benefit of the application vests from time to time; and
(b) a reference to the land is a reference to the land the subject of the application; and
(c) if the application is about a resource activity or regulated activity—a reference to the activity is a reference to the activity the subject of the application; and
(d) a reference to the regional interests development approval is a reference to the approval issued, or that may be issued, as a result of the application.
(i) the person who has made or may make the application;
(ii) anyone else in whom the benefit of the application vests from time to time; and
(a) an assessment level decision for the application has been made under the Environmental Protection Act , section 228 ; and
(b) the decision is that the proposed amendment is a major amendment under that Act.
pt.2
Restrictions on resource and regulated activities in areas of regional interest
Restrictions on resource and regulated activities in areas of regional interest
pt.2-div.1
Restrictions
Restrictions
sec.19
Restrictions on carrying out resource activity or regulated activity
sec.19 Restrictions on carrying out resource activity or regulated activity
A person must not wilfully carry out, or allow the carrying out of, a resource activity or regulated activity in an area of regional interest unless the person holds, or is acting under, a regional interests development approval for the activity.
Maximum penalty—6,250 penalty units or 5 years imprisonment.
A person must not carry out, or allow the carrying out of, a resource activity or regulated activity in an area of regional interest unless the person holds, or is acting under, a regional interests development approval for the activity.
Maximum penalty—4,500 penalty units.
Subsection (2) is an alternative offence for subsection (1) .
For the effect of subsection (3) , see section 84 .
This section does not apply to a resource activity that is an exempt resource activity or exempt regulated activity for the area of regional interest.
(sec.19-ssec.1) A person must not wilfully carry out, or allow the carrying out of, a resource activity or regulated activity in an area of regional interest unless the person holds, or is acting under, a regional interests development approval for the activity. Maximum penalty—6,250 penalty units or 5 years imprisonment.
(sec.19-ssec.2) A person must not carry out, or allow the carrying out of, a resource activity or regulated activity in an area of regional interest unless the person holds, or is acting under, a regional interests development approval for the activity. Maximum penalty—4,500 penalty units.
(sec.19-ssec.3) Subsection (2) is an alternative offence for subsection (1) . For the effect of subsection (3) , see section 84 .
(sec.19-ssec.4) This section does not apply to a resource activity that is an exempt resource activity or exempt regulated activity for the area of regional interest.
sec.20
Failure to comply with conditions
sec.20 Failure to comply with conditions
This section applies to a person who is the holder of, or is acting under, a regional interests development approval.
The person must not wilfully contravene a condition of the approval.
Maximum penalty—6,250 penalty units or 5 years imprisonment.
The person must not contravene a condition of the approval.
Maximum penalty—4,500 penalty units.
Subsection (3) is an alternative offence for subsection (2) .
For the effect of subsection (4) , see section 84 .
(sec.20-ssec.1) This section applies to a person who is the holder of, or is acting under, a regional interests development approval.
(sec.20-ssec.2) The person must not wilfully contravene a condition of the approval. Maximum penalty—6,250 penalty units or 5 years imprisonment.
(sec.20-ssec.3) The person must not contravene a condition of the approval. Maximum penalty—4,500 penalty units.
(sec.20-ssec.4) Subsection (3) is an alternative offence for subsection (2) . For the effect of subsection (4) , see section 84 .
sec.21
Emergency activity defence
sec.21 Emergency activity defence
It is a defence to a proceeding for an offence against this part for the defendant to prove—
the carrying out of the resource activity or regulated activity was because of an emergency endangering—
the life or health of a person; or
the structural safety of a building or structure or the safety of infrastructure; and
the defendant gave the department notice of the activity as soon as practicable after starting it; and
the defendant took all reasonable steps—
to ensure the impact of the activity on the regional priority area is restorable; or
if the impact is not restorable—to limit the impact.
(a) the carrying out of the resource activity or regulated activity was because of an emergency endangering— (i) the life or health of a person; or (ii) the structural safety of a building or structure or the safety of infrastructure; and
(i) the life or health of a person; or
(ii) the structural safety of a building or structure or the safety of infrastructure; and
(b) the defendant gave the department notice of the activity as soon as practicable after starting it; and
(c) the defendant took all reasonable steps— (i) to ensure the impact of the activity on the regional priority area is restorable; or (ii) if the impact is not restorable—to limit the impact.
(i) to ensure the impact of the activity on the regional priority area is restorable; or
(ii) if the impact is not restorable—to limit the impact.
(i) the life or health of a person; or
(ii) the structural safety of a building or structure or the safety of infrastructure; and
(i) to ensure the impact of the activity on the regional priority area is restorable; or
(ii) if the impact is not restorable—to limit the impact.
pt.2-div.2
Exempt resource activities
Exempt resource activities
sec.22
Exemption—agreement of land owner
sec.22 Exemption—agreement of land owner
This section applies if the authority holder for a resource activity is not the owner of the land (the land owner ).
The resource activity is an exempt resource activity for a priority agricultural area or area that is in the strategic cropping area if—
either—
if a conduct and compensation agreement requirement applies to the authority holder under a resource Act—
the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and
the authority holder has complied with the requirement; or
the land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and
the activity is not likely to have a significant impact on the priority agricultural area or area that is in the strategic cropping area; and
the activity is not likely to have an impact on land owned by a person other than the land owner.
For subsection (2) (c) , a resource activity has an impact on land if the activity has an impact on—
for land in a priority agricultural area—the suitability of the land to be used for a priority agricultural land use for the area; or
for land in an area that is in the strategic cropping area—the land’s soil, climate and landscape features that make that area highly suitable, or likely to be highly suitable, for cropping.
(sec.22-ssec.1) This section applies if the authority holder for a resource activity is not the owner of the land (the land owner ).
(sec.22-ssec.2) The resource activity is an exempt resource activity for a priority agricultural area or area that is in the strategic cropping area if— either— if a conduct and compensation agreement requirement applies to the authority holder under a resource Act— the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and the authority holder has complied with the requirement; or the land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and the activity is not likely to have a significant impact on the priority agricultural area or area that is in the strategic cropping area; and the activity is not likely to have an impact on land owned by a person other than the land owner.
(sec.22-ssec.3) For subsection (2) (c) , a resource activity has an impact on land if the activity has an impact on— for land in a priority agricultural area—the suitability of the land to be used for a priority agricultural land use for the area; or for land in an area that is in the strategic cropping area—the land’s soil, climate and landscape features that make that area highly suitable, or likely to be highly suitable, for cropping.
(a) either— (i) if a conduct and compensation agreement requirement applies to the authority holder under a resource Act— (A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and (B) the authority holder has complied with the requirement; or (ii) the land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and
(i) if a conduct and compensation agreement requirement applies to the authority holder under a resource Act— (A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and (B) the authority holder has complied with the requirement; or
(A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and
(B) the authority holder has complied with the requirement; or
(ii) the land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and
(b) the activity is not likely to have a significant impact on the priority agricultural area or area that is in the strategic cropping area; and
(c) the activity is not likely to have an impact on land owned by a person other than the land owner.
(i) if a conduct and compensation agreement requirement applies to the authority holder under a resource Act— (A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and (B) the authority holder has complied with the requirement; or
(A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and
(B) the authority holder has complied with the requirement; or
(ii) the land owner has voluntarily entered into a written agreement with the authority holder and the carrying out of the activity is consistent with the agreement; and
(A) the land owner and the authority holder are parties to a conduct and compensation agreement under the resource Act, other than because of the order of a court; and
(B) the authority holder has complied with the requirement; or
(a) for land in a priority agricultural area—the suitability of the land to be used for a priority agricultural land use for the area; or
(b) for land in an area that is in the strategic cropping area—the land’s soil, climate and landscape features that make that area highly suitable, or likely to be highly suitable, for cropping.
sec.23
Exemption—activity carried out for less than 1 year
sec.23 Exemption—activity carried out for less than 1 year
A resource activity is an exempt resource activity for a priority agricultural area or area in the strategic cropping area if the activity is being carried out—
on a property in the area; and
within the period of 1 year starting on the day the first activity under the resource authority started to be carried out on the property.
(a) on a property in the area; and
(b) within the period of 1 year starting on the day the first activity under the resource authority started to be carried out on the property.
sec.24
Exemption—pre-existing resource activity
sec.24 Exemption—pre-existing resource activity
This section applies if, immediately before land becomes land in an area of regional interest, including on commencement of this section, a resource activity may be carried out lawfully on the land.
The resource activity is an exempt resource activity for the area of regional interest.
For subsection (1) , a resource activity may be carried out lawfully on land if—
the activity may be carried out lawfully on the land—
under a resource authority or an environmental authority; and
without the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and
information provided in, with or in support of the application for the resource or environmental authority (or an amendment of the application) identified the location, nature and extent of the expected surface impacts of the activity.
(sec.24-ssec.1) This section applies if, immediately before land becomes land in an area of regional interest, including on commencement of this section, a resource activity may be carried out lawfully on the land.
(sec.24-ssec.2) The resource activity is an exempt resource activity for the area of regional interest.
(sec.24-ssec.3) For subsection (1) , a resource activity may be carried out lawfully on land if— the activity may be carried out lawfully on the land— under a resource authority or an environmental authority; and without the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and information provided in, with or in support of the application for the resource or environmental authority (or an amendment of the application) identified the location, nature and extent of the expected surface impacts of the activity.
(a) the activity may be carried out lawfully on the land— (i) under a resource authority or an environmental authority; and (ii) without the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and
(i) under a resource authority or an environmental authority; and
(ii) without the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and
(b) information provided in, with or in support of the application for the resource or environmental authority (or an amendment of the application) identified the location, nature and extent of the expected surface impacts of the activity.
(i) under a resource authority or an environmental authority; and
(ii) without the need for any further authority or approval relating to the location, nature or extent of the expected surface impacts of the activity to be obtained under an Act or a condition of either authority; and
sec.24A
Exemption—wild river area under the repealed Wild Rivers Act 2005
sec.24A Exemption—wild river area under the repealed Wild Rivers Act 2005
This section applies to a resource activity if the activity—
is carried out on land that—
is in a strategic environmental area; and
was in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and
is carried out under an environmental authority given, or applied for, before the repeal of the Wild Rivers Act 2005 .
To the extent the resource activity is carried out in the former wild river area, it is an exempt resource activity for the strategic environmental area.
However, subsection (2) ceases to apply to the resource activity if—
after the repeal of the Wild Rivers Act 2005 , the authority holder makes an amendment application under the Environmental Protection Act , section 224 to amend the environmental authority; and
the amendment application is approved; and
the amendment involves either of the following—
an increase in the area of land subject to expected surface impacts from the activity;
a change to the location of the land subject to expected surface impacts from the activity.
s 24A ins 2014 No. 40 s 120A
(sec.24A-ssec.1) This section applies to a resource activity if the activity— is carried out on land that— is in a strategic environmental area; and was in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and is carried out under an environmental authority given, or applied for, before the repeal of the Wild Rivers Act 2005 .
(sec.24A-ssec.2) To the extent the resource activity is carried out in the former wild river area, it is an exempt resource activity for the strategic environmental area.
(sec.24A-ssec.3) However, subsection (2) ceases to apply to the resource activity if— after the repeal of the Wild Rivers Act 2005 , the authority holder makes an amendment application under the Environmental Protection Act , section 224 to amend the environmental authority; and the amendment application is approved; and the amendment involves either of the following— an increase in the area of land subject to expected surface impacts from the activity; a change to the location of the land subject to expected surface impacts from the activity.
(a) is carried out on land that— (i) is in a strategic environmental area; and (ii) was in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and
(i) is in a strategic environmental area; and
(ii) was in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and
(b) is carried out under an environmental authority given, or applied for, before the repeal of the Wild Rivers Act 2005 .
(i) is in a strategic environmental area; and
(ii) was in a wild river area under the repealed Wild Rivers Act 2005 (a former wild river area ) immediately before the repeal of that Act; and
(a) after the repeal of the Wild Rivers Act 2005 , the authority holder makes an amendment application under the Environmental Protection Act , section 224 to amend the environmental authority; and
(b) the amendment application is approved; and
(c) the amendment involves either of the following— (i) an increase in the area of land subject to expected surface impacts from the activity; (ii) a change to the location of the land subject to expected surface impacts from the activity.
(i) an increase in the area of land subject to expected surface impacts from the activity;
(ii) a change to the location of the land subject to expected surface impacts from the activity.
(i) an increase in the area of land subject to expected surface impacts from the activity;
(ii) a change to the location of the land subject to expected surface impacts from the activity.
sec.25
Exemption—pre-existing regulated activity
sec.25 Exemption—pre-existing regulated activity
This section applies if, immediately before land becomes land in an area of regional interest, including on commencement of this section, a regulated activity may be lawfully carried out on the land under the Planning Act or the repealed Sustainable Planning Act 2009 .
The regulated activity is an exempt regulated activity for the area of regional interest.
s 25 amd 2016 No. 25 s 426
(sec.25-ssec.1) This section applies if, immediately before land becomes land in an area of regional interest, including on commencement of this section, a regulated activity may be lawfully carried out on the land under the Planning Act or the repealed Sustainable Planning Act 2009 .
(sec.25-ssec.2) The regulated activity is an exempt regulated activity for the area of regional interest.
pt.3
Regional interests development approvals
Regional interests development approvals
pt.3-div.1
Preliminary
Preliminary
sec.26
Meaning of assessing agency and assessor
sec.26 Meaning of assessing agency and assessor
An assessing agency for an assessment application is an entity prescribed under a regulation.
A local government may be prescribed to be an assessment agency for an assessment application relating to a priority living area in the local government’s area.
Each of the following is an assessor for an assessment application—
the chief executive;
if the application is referable—an assessing agency for the application.
(sec.26-ssec.1) An assessing agency for an assessment application is an entity prescribed under a regulation. A local government may be prescribed to be an assessment agency for an assessment application relating to a priority living area in the local government’s area.
(sec.26-ssec.2) Each of the following is an assessor for an assessment application— the chief executive; if the application is referable—an assessing agency for the application.
(a) the chief executive;
(b) if the application is referable—an assessing agency for the application.
sec.27
When does a resource activity or regulated activity impact an area of regional interest
sec.27 When does a resource activity or regulated activity impact an area of regional interest
In this Act, a resource activity or a regulated activity has an impact on an area of regional interest if the impact—
affects—
a feature, quality, characteristic or other attribute of the area; or
the suitability of land in the area to be used for a particular purpose; and
relates to a matter mentioned in the following—
for a priority agricultural area— section 8 (1) (a) ;
for a priority living area— section 9 (b) ;
for the strategic cropping area— section 10 (1) ;
for a strategic environmental area— section 11 (1) (a) .
(a) affects— (i) a feature, quality, characteristic or other attribute of the area; or (ii) the suitability of land in the area to be used for a particular purpose; and
(i) a feature, quality, characteristic or other attribute of the area; or
(ii) the suitability of land in the area to be used for a particular purpose; and
(b) relates to a matter mentioned in the following— (i) for a priority agricultural area— section 8 (1) (a) ; (ii) for a priority living area— section 9 (b) ; (iii) for the strategic cropping area— section 10 (1) ; (iv) for a strategic environmental area— section 11 (1) (a) .
(i) for a priority agricultural area— section 8 (1) (a) ;
(ii) for a priority living area— section 9 (b) ;
(iii) for the strategic cropping area— section 10 (1) ;
(iv) for a strategic environmental area— section 11 (1) (a) .
(i) a feature, quality, characteristic or other attribute of the area; or
(ii) the suitability of land in the area to be used for a particular purpose; and
(i) for a priority agricultural area— section 8 (1) (a) ;
(ii) for a priority living area— section 9 (b) ;
(iii) for the strategic cropping area— section 10 (1) ;
(iv) for a strategic environmental area— section 11 (1) (a) .
pt.3-div.2
Applying
Applying
sec.28
Who may apply for regional interests development approval
sec.28 Who may apply for regional interests development approval
An eligible person (the applicant ) may apply for a regional interests development approval for a resource activity to be carried out in an area of regional interest (an assessment application ).
Also, a person (also the applicant ) who intends to carry out a regulated activity in an area of regional interest may apply for a regional interests development approval for the activity to be carried out in the area (also an assessment application ).
In this section—
eligible person means a person who holds, or has applied or may apply for, an environmental authority or resource authority (the relevant authorities ) for the resource activity.
(sec.28-ssec.1) An eligible person (the applicant ) may apply for a regional interests development approval for a resource activity to be carried out in an area of regional interest (an assessment application ).
(sec.28-ssec.2) Also, a person (also the applicant ) who intends to carry out a regulated activity in an area of regional interest may apply for a regional interests development approval for the activity to be carried out in the area (also an assessment application ).
(sec.28-ssec.3) In this section— eligible person means a person who holds, or has applied or may apply for, an environmental authority or resource authority (the relevant authorities ) for the resource activity.
sec.29
Requirements for making assessment application
sec.29 Requirements for making assessment application
An assessment application must be—
made to the chief executive in the approved form; and
accompanied by a report—
assessing the resource activity or regulated activity’s impact on the area of regional interest; and
identifying any constraints on the configuration or operation of the activity; and
accompanied by the fee prescribed under a regulation.
(a) made to the chief executive in the approved form; and
(b) accompanied by a report— (i) assessing the resource activity or regulated activity’s impact on the area of regional interest; and (ii) identifying any constraints on the configuration or operation of the activity; and
(i) assessing the resource activity or regulated activity’s impact on the area of regional interest; and
(ii) identifying any constraints on the configuration or operation of the activity; and
(c) accompanied by the fee prescribed under a regulation.
(i) assessing the resource activity or regulated activity’s impact on the area of regional interest; and
(ii) identifying any constraints on the configuration or operation of the activity; and
sec.30
Owner of land given copy of assessment application
sec.30 Owner of land given copy of assessment application
This section applies to an assessment application if—
the application is not notifiable; and
the applicant is not the owner of the land.
The applicant must give the owner a copy of the application within the prescribed time frame.
(sec.30-ssec.1) This section applies to an assessment application if— the application is not notifiable; and the applicant is not the owner of the land.
(sec.30-ssec.2) The applicant must give the owner a copy of the application within the prescribed time frame.
(a) the application is not notifiable; and
(b) the applicant is not the owner of the land.
pt.3-div.3
Amending or withdrawing application
Amending or withdrawing application
sec.31
Amending
sec.31 Amending
The applicant may amend an assessment application to do the following (a permitted amendment ) if the amended application complies with section 29 —
make a minor amendment;
make an amendment the chief executive is satisfied would not adversely affect the chief executive’s ability to decide the amended application.
A permitted amendment—
may be made at any time before the application is decided; and
must be made by notice to the chief executive.
An assessment application can not be amended other than to make a permitted amendment.
(sec.31-ssec.1) The applicant may amend an assessment application to do the following (a permitted amendment ) if the amended application complies with section 29 — make a minor amendment; make an amendment the chief executive is satisfied would not adversely affect the chief executive’s ability to decide the amended application.
(sec.31-ssec.2) A permitted amendment— may be made at any time before the application is decided; and must be made by notice to the chief executive.
(sec.31-ssec.3) An assessment application can not be amended other than to make a permitted amendment.
(a) make a minor amendment;
(b) make an amendment the chief executive is satisfied would not adversely affect the chief executive’s ability to decide the amended application.
(a) may be made at any time before the application is decided; and
(b) must be made by notice to the chief executive.
sec.32
Withdrawal of application
sec.32 Withdrawal of application
The applicant may give the chief executive a notice withdrawing an assessment application at any time before it is decided.
The withdrawal takes effect when the notice is given.
The chief executive may, but need not, refund all or part of any fee paid for the application if it is withdrawn.
(sec.32-ssec.1) The applicant may give the chief executive a notice withdrawing an assessment application at any time before it is decided.
(sec.32-ssec.2) The withdrawal takes effect when the notice is given.
(sec.32-ssec.3) The chief executive may, but need not, refund all or part of any fee paid for the application if it is withdrawn.
sec.33
Owner of land given notice of amendment or withdrawal
sec.33 Owner of land given notice of amendment or withdrawal
This section applies if—
an assessment application is not notifiable; and
the applicant is not the owner of the land; and
the application is amended under section 31 or withdrawn under section 32 .
The applicant must give the owner notice of the amendment or withdrawal within the prescribed time frame.
(sec.33-ssec.1) This section applies if— an assessment application is not notifiable; and the applicant is not the owner of the land; and the application is amended under section 31 or withdrawn under section 32 .
(sec.33-ssec.2) The applicant must give the owner notice of the amendment or withdrawal within the prescribed time frame.
(a) an assessment application is not notifiable; and
(b) the applicant is not the owner of the land; and
(c) the application is amended under section 31 or withdrawn under section 32 .
pt.3-div.4
Public notification of particular applications
Public notification of particular applications
sec.34
Application of div 4
sec.34 Application of div 4
This division applies to a notifiable assessment application.
An assessment application is notifiable if—
a regulation prescribes it as notifiable; and
an exemption is not granted under subsection (3) by the chief executive within the prescribed time frame.
The chief executive may, on the written request of the applicant, grant an exemption from notification for an assessment application if satisfied there has been sufficient notification under another Act or law of the resource activity or regulated activity to the public.
An assessment application is also notifiable if the chief executive has given the applicant a requirement notice requiring the applicant to notify the application under this division.
(sec.34-ssec.1) This division applies to a notifiable assessment application.
(sec.34-ssec.2) An assessment application is notifiable if— a regulation prescribes it as notifiable; and an exemption is not granted under subsection (3) by the chief executive within the prescribed time frame.
(sec.34-ssec.3) The chief executive may, on the written request of the applicant, grant an exemption from notification for an assessment application if satisfied there has been sufficient notification under another Act or law of the resource activity or regulated activity to the public.
(sec.34-ssec.4) An assessment application is also notifiable if the chief executive has given the applicant a requirement notice requiring the applicant to notify the application under this division.
(a) a regulation prescribes it as notifiable; and
(b) an exemption is not granted under subsection (3) by the chief executive within the prescribed time frame.
sec.35
Applicant must notify
sec.35 Applicant must notify
The applicant must—
publish a notice about the assessment application in the way prescribed under a regulation; and
if the applicant is not the owner of the land—give the owner a notice about the application.
The notice must—
be in the approved form; and
state the following—
that submissions about the assessment application may be made to an assessor for the application;
the day by which submissions about the application must be received (the closing day );
that the making of a submission does not give rise to a right of appeal against a decision about the application.
The approved form must include information about the way in which submissions must be lodged with an assessor for the application, including whether the submissions may be made electronically.
The closing day must be a day that is after the end of the notification period prescribed under a regulation for the application.
(sec.35-ssec.1) The applicant must— publish a notice about the assessment application in the way prescribed under a regulation; and if the applicant is not the owner of the land—give the owner a notice about the application.
(sec.35-ssec.2) The notice must— be in the approved form; and state the following— that submissions about the assessment application may be made to an assessor for the application; the day by which submissions about the application must be received (the closing day ); that the making of a submission does not give rise to a right of appeal against a decision about the application.
(sec.35-ssec.3) The approved form must include information about the way in which submissions must be lodged with an assessor for the application, including whether the submissions may be made electronically.
(sec.35-ssec.4) The closing day must be a day that is after the end of the notification period prescribed under a regulation for the application.
(a) publish a notice about the assessment application in the way prescribed under a regulation; and
(b) if the applicant is not the owner of the land—give the owner a notice about the application.
(a) be in the approved form; and
(b) state the following— (i) that submissions about the assessment application may be made to an assessor for the application; (ii) the day by which submissions about the application must be received (the closing day ); (iii) that the making of a submission does not give rise to a right of appeal against a decision about the application.
(i) that submissions about the assessment application may be made to an assessor for the application;
(ii) the day by which submissions about the application must be received (the closing day );
(iii) that the making of a submission does not give rise to a right of appeal against a decision about the application.
(i) that submissions about the assessment application may be made to an assessor for the application;
(ii) the day by which submissions about the application must be received (the closing day );
(iii) that the making of a submission does not give rise to a right of appeal against a decision about the application.
sec.36
Consequence of failure to notify
sec.36 Consequence of failure to notify
This section applies if the applicant has not complied with section 35 within the period that ends—
20 business days after the day the assessment application was made; or
on a later day decided by an assessor for the application by notice.
The chief executive may—
if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or
refuse to decide the application until the applicant has complied with section 35 to the chief executive’s satisfaction; or
decide the application is lapsed.
(sec.36-ssec.1) This section applies if the applicant has not complied with section 35 within the period that ends— 20 business days after the day the assessment application was made; or on a later day decided by an assessor for the application by notice.
(sec.36-ssec.2) The chief executive may— if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or refuse to decide the application until the applicant has complied with section 35 to the chief executive’s satisfaction; or decide the application is lapsed.
(a) 20 business days after the day the assessment application was made; or
(b) on a later day decided by an assessor for the application by notice.
(a) if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or
(b) refuse to decide the application until the applicant has complied with section 35 to the chief executive’s satisfaction; or
(c) decide the application is lapsed.
sec.37
Properly made submissions
sec.37 Properly made submissions
A submission about an assessment application is properly made if the submission—
is in writing; and
states the name of each person who made the submission; and
states an address for service for at least 1 of the persons who made the submission; and
is received by the closing day for making submissions; and
is made to an assessor for the application in the way stated in the notice about the application.
(a) is in writing; and
(b) states the name of each person who made the submission; and
(c) states an address for service for at least 1 of the persons who made the submission; and
(d) is received by the closing day for making submissions; and
(e) is made to an assessor for the application in the way stated in the notice about the application.
sec.38
Submissions must be published or available for inspection
sec.38 Submissions must be published or available for inspection
This section applies to each submission about an assessment application that is properly made.
The assessor for the application must, within the prescribed time frame—
publish a copy of the submission on the assessor’s website; or
make the submission available at the assessor’s office for inspection.
If a submission is available for inspection at the assessor’s office, a person may—
inspect the submission free of charge at any time the office is open for business; and
obtain a copy of the submission, or part of the submission, from the assessor.
The assessor may charge a person for supplying a copy of the submission, or part of the submission.
The charge must not be more than the cost to the assessor of making and supplying the copy.
In this section—
office , of an assessor, means—
if the assessor is an assessing agency—the assessing agency’s office and any other place decided by the assessing agency; or
if the assessor is the chief executive—the department’s office and any other place approved by the chief executive.
(sec.38-ssec.1) This section applies to each submission about an assessment application that is properly made.
(sec.38-ssec.2) The assessor for the application must, within the prescribed time frame— publish a copy of the submission on the assessor’s website; or make the submission available at the assessor’s office for inspection.
(sec.38-ssec.3) If a submission is available for inspection at the assessor’s office, a person may— inspect the submission free of charge at any time the office is open for business; and obtain a copy of the submission, or part of the submission, from the assessor.
(sec.38-ssec.4) The assessor may charge a person for supplying a copy of the submission, or part of the submission.
(sec.38-ssec.5) The charge must not be more than the cost to the assessor of making and supplying the copy.
(sec.38-ssec.6) In this section— office , of an assessor, means— if the assessor is an assessing agency—the assessing agency’s office and any other place decided by the assessing agency; or if the assessor is the chief executive—the department’s office and any other place approved by the chief executive.
(a) publish a copy of the submission on the assessor’s website; or
(b) make the submission available at the assessor’s office for inspection.
(a) inspect the submission free of charge at any time the office is open for business; and
(b) obtain a copy of the submission, or part of the submission, from the assessor.
(a) if the assessor is an assessing agency—the assessing agency’s office and any other place decided by the assessing agency; or
(b) if the assessor is the chief executive—the department’s office and any other place approved by the chief executive.
pt.3-div.5
Referral to assessing agency
Referral to assessing agency
sec.39
Application of div 5
sec.39 Application of div 5
This division applies to a referable assessment application.
An assessment application is referable if a regulation prescribes the application as referable.
(sec.39-ssec.1) This division applies to a referable assessment application.
(sec.39-ssec.2) An assessment application is referable if a regulation prescribes the application as referable.
sec.40
Assessing agency’s functions
sec.40 Assessing agency’s functions
An assessing agency has, for assessing and responding to the part of the application giving rise to the referral, the functions prescribed under a regulation.
sec.41
Assessing agency’s assessment of application
sec.41 Assessing agency’s assessment of application
The chief executive must give the assessing agency for the application a copy of the application within the prescribed time frame.
The assessing agency must, within the limits of its functions, assess the application and, in doing so, consider all of the following—
the extent of the expected impact of the resource activity or regulated activity on the area of regional interest;
any criteria for the assessment prescribed under a regulation;
if the assessment is for a notifiable assessment application—all properly made submissions received by the assessing agency about the application;
if the assessing agency is a local government—any criteria under the local government’s planning scheme for assessing the application.
(sec.41-ssec.1) The chief executive must give the assessing agency for the application a copy of the application within the prescribed time frame.
(sec.41-ssec.2) The assessing agency must, within the limits of its functions, assess the application and, in doing so, consider all of the following— the extent of the expected impact of the resource activity or regulated activity on the area of regional interest; any criteria for the assessment prescribed under a regulation; if the assessment is for a notifiable assessment application—all properly made submissions received by the assessing agency about the application; if the assessing agency is a local government—any criteria under the local government’s planning scheme for assessing the application.
(a) the extent of the expected impact of the resource activity or regulated activity on the area of regional interest;
(b) any criteria for the assessment prescribed under a regulation;
(c) if the assessment is for a notifiable assessment application—all properly made submissions received by the assessing agency about the application;
(d) if the assessing agency is a local government—any criteria under the local government’s planning scheme for assessing the application.
sec.42
Assessing agency’s response to application
sec.42 Assessing agency’s response to application
The assessing agency may give the chief executive a response to the application.
The response may, within the limits of the assessing agency’s functions—
do any or all of the following—
recommend conditions (each an assessing agency condition ) to form part of any regional interests approval;
Under section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it.
recommend the refusal of all or part of the application;
provide advice about the application; or
tell the chief executive that the assessing agency has no requirements or advice relating to the application.
However, the response may only be given within the prescribed time frame.
If the response includes assessing agency conditions or refusing all or part of an application, it must include reasons for the conditions or the refusal.
If the assessment application is notifiable and section 36 (2) (a) or (3) (a) does not apply, the assessing agency’s response must not be given to the chief executive before the closing day for submissions about the application.
The assessing agency must give the applicant a copy of the response within the prescribed time frame.
(sec.42-ssec.1) The assessing agency may give the chief executive a response to the application.
(sec.42-ssec.2) The response may, within the limits of the assessing agency’s functions— do any or all of the following— recommend conditions (each an assessing agency condition ) to form part of any regional interests approval; Under section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it. recommend the refusal of all or part of the application; provide advice about the application; or tell the chief executive that the assessing agency has no requirements or advice relating to the application.
(sec.42-ssec.3) However, the response may only be given within the prescribed time frame.
(sec.42-ssec.4) If the response includes assessing agency conditions or refusing all or part of an application, it must include reasons for the conditions or the refusal.
(sec.42-ssec.5) If the assessment application is notifiable and section 36 (2) (a) or (3) (a) does not apply, the assessing agency’s response must not be given to the chief executive before the closing day for submissions about the application.
(sec.42-ssec.6) The assessing agency must give the applicant a copy of the response within the prescribed time frame.
(a) do any or all of the following— (i) recommend conditions (each an assessing agency condition ) to form part of any regional interests approval; Note— Under section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it. (ii) recommend the refusal of all or part of the application; (iii) provide advice about the application; or
(i) recommend conditions (each an assessing agency condition ) to form part of any regional interests approval; Note— Under section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it.
(ii) recommend the refusal of all or part of the application;
(iii) provide advice about the application; or
(b) tell the chief executive that the assessing agency has no requirements or advice relating to the application.
(i) recommend conditions (each an assessing agency condition ) to form part of any regional interests approval; Note— Under section 50 (1) (a) , a condition may, among other things, limit or restrict the carrying out of a resource activity or regulated activity on the land or part of it.
(ii) recommend the refusal of all or part of the application;
(iii) provide advice about the application; or
sec.43
Ministerial directions to assessing agency
sec.43 Ministerial directions to assessing agency
The Minister may, by notice, give a direction to an assessing agency for an assessment application—
if the Minister is satisfied its response is not within its functions—to reissue its response in a stated way and within a stated period to ensure the response is within the functions; or
if the Minister is satisfied the assessing agency has not assessed the application under this Act—to issue or reissue its response in a stated way and within a stated period to ensure the assessing agency has assessed the application under this Act.
The Minister may give the direction even if the agency’s assessment period for the assessment application has ended under section 42 (3) .
The direction must state the reasons for the decision to give it.
The Minister must give the applicant a copy of the direction.
The assessing agency must comply with the direction.
If the Minister gives the direction, the chief executive can not decide the assessment application until the assessing agency’s response is reissued.
(sec.43-ssec.1) The Minister may, by notice, give a direction to an assessing agency for an assessment application— if the Minister is satisfied its response is not within its functions—to reissue its response in a stated way and within a stated period to ensure the response is within the functions; or if the Minister is satisfied the assessing agency has not assessed the application under this Act—to issue or reissue its response in a stated way and within a stated period to ensure the assessing agency has assessed the application under this Act.
(sec.43-ssec.2) The Minister may give the direction even if the agency’s assessment period for the assessment application has ended under section 42 (3) .
(sec.43-ssec.3) The direction must state the reasons for the decision to give it.
(sec.43-ssec.4) The Minister must give the applicant a copy of the direction.
(sec.43-ssec.5) The assessing agency must comply with the direction.
(sec.43-ssec.6) If the Minister gives the direction, the chief executive can not decide the assessment application until the assessing agency’s response is reissued.
(a) if the Minister is satisfied its response is not within its functions—to reissue its response in a stated way and within a stated period to ensure the response is within the functions; or
(b) if the Minister is satisfied the assessing agency has not assessed the application under this Act—to issue or reissue its response in a stated way and within a stated period to ensure the assessing agency has assessed the application under this Act.
pt.3-div.6
Additional information etc. for application
Additional information etc. for application
sec.44
Requirement notice
sec.44 Requirement notice
An assessor for an assessment application may, by notice given within the prescribed time frame, require (a requirement notice ) the applicant to do all or any of the following within a stated reasonable period—
complete or correct the application if it appears to an assessor to be incorrect, incomplete or defective;
give an assessor additional information about, or relevant to, the application;
if the assessor is the chief executive—notify the application under division 4 ;
give an assessor an independent report by an appropriately qualified person, or a statutory declaration, verifying all or any of the following—
any information included in the application;
any additional information required under paragraph (b) .
The requirement notice may require the statutory declaration—
to be made by an appropriately qualified independent person or by the applicant; and
if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant corporation.
The applicant must bear any costs incurred in complying with the requirement notice.
An assessor may extend the stated period.
(sec.44-ssec.1) An assessor for an assessment application may, by notice given within the prescribed time frame, require (a requirement notice ) the applicant to do all or any of the following within a stated reasonable period— complete or correct the application if it appears to an assessor to be incorrect, incomplete or defective; give an assessor additional information about, or relevant to, the application; if the assessor is the chief executive—notify the application under division 4 ; give an assessor an independent report by an appropriately qualified person, or a statutory declaration, verifying all or any of the following— any information included in the application; any additional information required under paragraph (b) .
(sec.44-ssec.2) The requirement notice may require the statutory declaration— to be made by an appropriately qualified independent person or by the applicant; and if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant corporation.
(sec.44-ssec.3) The applicant must bear any costs incurred in complying with the requirement notice.
(sec.44-ssec.4) An assessor may extend the stated period.
(a) complete or correct the application if it appears to an assessor to be incorrect, incomplete or defective;
(b) give an assessor additional information about, or relevant to, the application;
(c) if the assessor is the chief executive—notify the application under division 4 ;
(d) give an assessor an independent report by an appropriately qualified person, or a statutory declaration, verifying all or any of the following— (i) any information included in the application; (ii) any additional information required under paragraph (b) .
(i) any information included in the application;
(ii) any additional information required under paragraph (b) .
(i) any information included in the application;
(ii) any additional information required under paragraph (b) .
(a) to be made by an appropriately qualified independent person or by the applicant; and
(b) if the applicant is a corporation—to be made for the applicant by an executive officer of the applicant corporation.
sec.45
Consequence of noncompliance with requirement notice
sec.45 Consequence of noncompliance with requirement notice
This section applies if a requirement notice has, in the opinion of the assessor that gave it, been contravened.
The chief executive may, if the requirement notice was made by the chief executive or the chief executive receives a notice under subsection (4) —
if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or
refuse to decide the application until the requirement notice is complied with to the chief executive’s satisfaction; or
decide the application is lapsed.
If the assessor was the assessing agency, it may—
if it considers there is enough information about the relevant matters—give its response to the application; or
refuse to assess the application until the requirement notice is complied with to its satisfaction.
The assessing agency must give the chief executive notice of the refusal.
(sec.45-ssec.1) This section applies if a requirement notice has, in the opinion of the assessor that gave it, been contravened.
(sec.45-ssec.2) The chief executive may, if the requirement notice was made by the chief executive or the chief executive receives a notice under subsection (4) — if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or refuse to decide the application until the requirement notice is complied with to the chief executive’s satisfaction; or decide the application is lapsed.
(sec.45-ssec.3) If the assessor was the assessing agency, it may— if it considers there is enough information about the relevant matters—give its response to the application; or refuse to assess the application until the requirement notice is complied with to its satisfaction.
(sec.45-ssec.4) The assessing agency must give the chief executive notice of the refusal.
(a) if the chief executive considers there is enough information about the relevant matters for the application—decide the application on the basis of that information; or
(b) refuse to decide the application until the requirement notice is complied with to the chief executive’s satisfaction; or
(c) decide the application is lapsed.
(a) if it considers there is enough information about the relevant matters—give its response to the application; or
(b) refuse to assess the application until the requirement notice is complied with to its satisfaction.
sec.46
Additional advice or comment about assessment application
sec.46 Additional advice or comment about assessment application
The chief executive may ask Coexistence Queensland for advice about an assessment application if—
the application relates to a resource activity in a priority agricultural area, the strategic cropping area or a priority living area; and
either—
the application is notifiable; or
in the chief executive’s opinion, the expected surface impacts of the resource activity are significant.
The chief executive or an assessing agency may ask any other person for advice or comment about an assessment application.
The chief executive may appoint a panel of experts to provide advice to the chief executive about an assessment application or a particular matter relevant to the application.
s 46 amd 2024 No. 33 s 175
(sec.46-ssec.1) The chief executive may ask Coexistence Queensland for advice about an assessment application if— the application relates to a resource activity in a priority agricultural area, the strategic cropping area or a priority living area; and either— the application is notifiable; or in the chief executive’s opinion, the expected surface impacts of the resource activity are significant.
(sec.46-ssec.2) The chief executive or an assessing agency may ask any other person for advice or comment about an assessment application. The chief executive may appoint a panel of experts to provide advice to the chief executive about an assessment application or a particular matter relevant to the application.
(a) the application relates to a resource activity in a priority agricultural area, the strategic cropping area or a priority living area; and
(b) either— (i) the application is notifiable; or (ii) in the chief executive’s opinion, the expected surface impacts of the resource activity are significant.
(i) the application is notifiable; or
(ii) in the chief executive’s opinion, the expected surface impacts of the resource activity are significant.
(i) the application is notifiable; or
(ii) in the chief executive’s opinion, the expected surface impacts of the resource activity are significant.
pt.3-div.7
Deciding application
Deciding application
sec.47
Chief executive must decide application
sec.47 Chief executive must decide application
The chief executive must, within the prescribed time frame, consider and decide under this division each assessment application.
If the application is notifiable and section 36 (2) (a) does not apply, a decision can not be made about the application before the closing day for submissions.
(sec.47-ssec.1) The chief executive must, within the prescribed time frame, consider and decide under this division each assessment application.
(sec.47-ssec.2) If the application is notifiable and section 36 (2) (a) does not apply, a decision can not be made about the application before the closing day for submissions.
sec.48
Decision generally
sec.48 Decision generally
The chief executive must decide to—
approve all or part of the application and grant a regional interests development approval; or
refuse the application.
If the chief executive decides to grant a regional interests development approval, the chief executive may also decide to grant the approval with conditions (each a regional interests condition ).
To remove any doubt, it is declared that if the chief executive approves only part of an application, the balance of the application is refused.
(sec.48-ssec.1) The chief executive must decide to— approve all or part of the application and grant a regional interests development approval; or refuse the application.
(sec.48-ssec.2) If the chief executive decides to grant a regional interests development approval, the chief executive may also decide to grant the approval with conditions (each a regional interests condition ).
(sec.48-ssec.3) To remove any doubt, it is declared that if the chief executive approves only part of an application, the balance of the application is refused.
(a) approve all or part of the application and grant a regional interests development approval; or
(b) refuse the application.
sec.49
Criteria for decision
sec.49 Criteria for decision
In deciding an assessment application, the chief executive must consider all of the following—
the extent of the expected impact of the resource activity or regulated activity on the area of regional interest;
any criteria for the decision prescribed under a regulation;
if the decision is for a notifiable assessment application—all properly made submissions received by the chief executive about the application;
if the decision is for a referable assessment application—any advice about the application included in an assessing agency’s response;
any advice about the application given by Coexistence Queensland.
Also, the chief executive may consider any other matter the chief executive considers relevant.
s 49 amd 2024 No. 33 s 183 s ch 1 pt 1
(sec.49-ssec.1) In deciding an assessment application, the chief executive must consider all of the following— the extent of the expected impact of the resource activity or regulated activity on the area of regional interest; any criteria for the decision prescribed under a regulation; if the decision is for a notifiable assessment application—all properly made submissions received by the chief executive about the application; if the decision is for a referable assessment application—any advice about the application included in an assessing agency’s response; any advice about the application given by Coexistence Queensland.
(sec.49-ssec.2) Also, the chief executive may consider any other matter the chief executive considers relevant.
(a) the extent of the expected impact of the resource activity or regulated activity on the area of regional interest;
(b) any criteria for the decision prescribed under a regulation;
(c) if the decision is for a notifiable assessment application—all properly made submissions received by the chief executive about the application;
(d) if the decision is for a referable assessment application—any advice about the application included in an assessing agency’s response;
(e) any advice about the application given by Coexistence Queensland.
sec.50
Conditions generally
sec.50 Conditions generally
A regional interests condition may—
limit or restrict the carrying out of a resource activity or regulated activity, including, for example, by—
requiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or
requiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or
require the applicant to install and operate stated plant or equipment in a stated way within a stated period; or
for a resource activity or regulated activity to be carried out in an area that is the strategic cropping area—require the applicant to have mitigation in place before carrying out the activity on land in the area; or
require the applicant to do, or refrain from doing, anything else the chief executive considers is necessary or desirable to achieve this Act’s purposes.
However, a condition must either—
be relevant to, but not an unreasonable imposition on, the resource activity or regulated activity; or
be reasonably required to manage the impact of the activity on an area of regional interest.
A condition under subsection (1) (c) is an SCL mitigation condition .
(sec.50-ssec.1) A regional interests condition may— limit or restrict the carrying out of a resource activity or regulated activity, including, for example, by— requiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or requiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or require the applicant to install and operate stated plant or equipment in a stated way within a stated period; or for a resource activity or regulated activity to be carried out in an area that is the strategic cropping area—require the applicant to have mitigation in place before carrying out the activity on land in the area; or require the applicant to do, or refrain from doing, anything else the chief executive considers is necessary or desirable to achieve this Act’s purposes.
(sec.50-ssec.2) However, a condition must either— be relevant to, but not an unreasonable imposition on, the resource activity or regulated activity; or be reasonably required to manage the impact of the activity on an area of regional interest.
(sec.50-ssec.3) A condition under subsection (1) (c) is an SCL mitigation condition .
(a) limit or restrict the carrying out of a resource activity or regulated activity, including, for example, by— (i) requiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or (ii) requiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or
(i) requiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or
(ii) requiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or
(b) require the applicant to install and operate stated plant or equipment in a stated way within a stated period; or
(c) for a resource activity or regulated activity to be carried out in an area that is the strategic cropping area—require the applicant to have mitigation in place before carrying out the activity on land in the area; or
(d) require the applicant to do, or refrain from doing, anything else the chief executive considers is necessary or desirable to achieve this Act’s purposes.
(i) requiring the applicant to start or complete the carrying out of the activity by a stated date or within a stated period; or
(ii) requiring the applicant to ensure the impact of the activity is limited or restricted to a stated level; or
(a) be relevant to, but not an unreasonable imposition on, the resource activity or regulated activity; or
(b) be reasonably required to manage the impact of the activity on an area of regional interest.
pt.3-div.8
Steps after deciding application
Steps after deciding application
sec.51
Notice about decision
sec.51 Notice about decision
The chief executive must give the applicant a decision notice about the decision.
The chief executive must give a copy of the decision notice to—
if the applicant is not the owner of the land—the owner of the land; and
if the assessment application is referable—each assessing agency for the application; and
if Coexistence Queensland gave the chief executive advice about the assessment application—Coexistence Queensland.
If the applicant has applied for an environmental authority for the resource activity or regulated activity, the decision notice may be included in, or accompany, a notice under the Environmental Protection Act for the environmental authority application.
If the chief executive’s decision about the assessment application is inconsistent with advice about the application given to the chief executive by either of the following, the decision notice must include reasons for the inconsistency—
a local government that was an assessing agency for the application;
Coexistence Queensland.
The decision notice or copy of the decision notice must be given within the prescribed time frame.
s 51 amd 2024 No. 33 s 183 s ch 1 pt 1
(sec.51-ssec.1) The chief executive must give the applicant a decision notice about the decision.
(sec.51-ssec.2) The chief executive must give a copy of the decision notice to— if the applicant is not the owner of the land—the owner of the land; and if the assessment application is referable—each assessing agency for the application; and if Coexistence Queensland gave the chief executive advice about the assessment application—Coexistence Queensland.
(sec.51-ssec.3) If the applicant has applied for an environmental authority for the resource activity or regulated activity, the decision notice may be included in, or accompany, a notice under the Environmental Protection Act for the environmental authority application.
(sec.51-ssec.4) If the chief executive’s decision about the assessment application is inconsistent with advice about the application given to the chief executive by either of the following, the decision notice must include reasons for the inconsistency— a local government that was an assessing agency for the application; Coexistence Queensland.
(sec.51-ssec.5) The decision notice or copy of the decision notice must be given within the prescribed time frame.
(a) if the applicant is not the owner of the land—the owner of the land; and
(b) if the assessment application is referable—each assessing agency for the application; and
(c) if Coexistence Queensland gave the chief executive advice about the assessment application—Coexistence Queensland.
(a) a local government that was an assessing agency for the application;
(b) Coexistence Queensland.
sec.52
Public notification of decision
sec.52 Public notification of decision
The chief executive must, within the prescribed time frame, publish a notice about the decision—
on the department’s website; or
in a newspaper circulating generally in the area of the land.
The notice must—
identify the resource activity or regulated activity, the applicant and the land; and
briefly describe any conditions imposed on the resource activity or regulated activity by the decision; and
state that an affected land owner may appeal against the decision, the period within which an appeal must be started and how the right to appeal is to be exercised.
(sec.52-ssec.1) The chief executive must, within the prescribed time frame, publish a notice about the decision— on the department’s website; or in a newspaper circulating generally in the area of the land.
(sec.52-ssec.2) The notice must— identify the resource activity or regulated activity, the applicant and the land; and briefly describe any conditions imposed on the resource activity or regulated activity by the decision; and state that an affected land owner may appeal against the decision, the period within which an appeal must be started and how the right to appeal is to be exercised.
(a) on the department’s website; or
(b) in a newspaper circulating generally in the area of the land.
(a) identify the resource activity or regulated activity, the applicant and the land; and
(b) briefly describe any conditions imposed on the resource activity or regulated activity by the decision; and
(c) state that an affected land owner may appeal against the decision, the period within which an appeal must be started and how the right to appeal is to be exercised.
sec.53
Issuing approval
sec.53 Issuing approval
As soon as practicable after deciding to grant a regional interests development approval, the chief executive must issue the approval.
The regional interests development approval must—
be in the approved form; and
state the following—
a description of the land;
the resource activity or regulated activity approved;
the area of regional interest for which the activity is approved;
any regional interests conditions on which the approval is granted.
(sec.53-ssec.1) As soon as practicable after deciding to grant a regional interests development approval, the chief executive must issue the approval.
(sec.53-ssec.2) The regional interests development approval must— be in the approved form; and state the following— a description of the land; the resource activity or regulated activity approved; the area of regional interest for which the activity is approved; any regional interests conditions on which the approval is granted.
(a) be in the approved form; and
(b) state the following— (i) a description of the land; (ii) the resource activity or regulated activity approved; (iii) the area of regional interest for which the activity is approved; (iv) any regional interests conditions on which the approval is granted.
(i) a description of the land;
(ii) the resource activity or regulated activity approved;
(iii) the area of regional interest for which the activity is approved;
(iv) any regional interests conditions on which the approval is granted.
(i) a description of the land;
(ii) the resource activity or regulated activity approved;
(iii) the area of regional interest for which the activity is approved;
(iv) any regional interests conditions on which the approval is granted.
sec.54
When approval takes effect
sec.54 When approval takes effect
A regional interests development approval takes effect on the later of the following—
the day after the appeal period for the decision to grant the approval ends;
another day stated in the approval.
A decision notice for the decision to grant the approval must state that the decision takes effect when the appeal period for the decision ends.
In this section—
appeal period , for a decision to grant a regional interests development approval, means the period ending on the last day on which an appeal against the decision may be started under section 73 (1) .
(sec.54-ssec.1) A regional interests development approval takes effect on the later of the following— the day after the appeal period for the decision to grant the approval ends; another day stated in the approval.
(sec.54-ssec.2) A decision notice for the decision to grant the approval must state that the decision takes effect when the appeal period for the decision ends.
(sec.54-ssec.3) In this section— appeal period , for a decision to grant a regional interests development approval, means the period ending on the last day on which an appeal against the decision may be started under section 73 (1) .
(a) the day after the appeal period for the decision to grant the approval ends;
(b) another day stated in the approval.
pt.3-div.9
Amending approval
Amending approval
sec.55
Amending approval
sec.55 Amending approval
The holder of a regional interests development approval may, in writing, ask the chief executive to make either of the following amendments (each a requested amendment ) to the approval—
a minor amendment;
an amendment the chief executive is satisfied would not adversely change the impact of the resource activity or regulated activity on the area of regional interest.
Before deciding whether to make a requested amendment, the chief executive may give the holder of the approval a notice requiring the holder to notify the application under division 4 within a reasonable stated period.
If, in the chief executive’s opinion, the holder has contravened the notice, the chief executive may refuse to decide whether to make the requested amendment until the notice has been complied with to the chief executive’s satisfaction.
The holder of the approval must bear any costs incurred in complying with the notice.
In deciding whether to make a requested amendment, the chief executive must consider the matters mentioned in section 49 to the extent the chief executive considers it is appropriate to do so.
(sec.55-ssec.1) The holder of a regional interests development approval may, in writing, ask the chief executive to make either of the following amendments (each a requested amendment ) to the approval— a minor amendment; an amendment the chief executive is satisfied would not adversely change the impact of the resource activity or regulated activity on the area of regional interest.
(sec.55-ssec.2) Before deciding whether to make a requested amendment, the chief executive may give the holder of the approval a notice requiring the holder to notify the application under division 4 within a reasonable stated period.
(sec.55-ssec.3) If, in the chief executive’s opinion, the holder has contravened the notice, the chief executive may refuse to decide whether to make the requested amendment until the notice has been complied with to the chief executive’s satisfaction.
(sec.55-ssec.4) The holder of the approval must bear any costs incurred in complying with the notice.
(sec.55-ssec.5) In deciding whether to make a requested amendment, the chief executive must consider the matters mentioned in section 49 to the extent the chief executive considers it is appropriate to do so.
(a) a minor amendment;
(b) an amendment the chief executive is satisfied would not adversely change the impact of the resource activity or regulated activity on the area of regional interest.
sec.56
Notice about decision
sec.56 Notice about decision
As soon as practicable after deciding whether to make a requested amendment to a regional interests development approval, the chief executive must give the holder of the approval a decision notice about the decision.
The chief executive must give a copy of the decision notice to—
if the holder is not the owner of the land—the owner of the land; and
if the assessment application for the approval was referable—each assessing agency for the application; and
if Coexistence Queensland gave the chief executive advice about the assessment application for the approval—Coexistence Queensland.
s 56 amd 2024 No. 33 s 183 s ch 1 pt 1
(sec.56-ssec.1) As soon as practicable after deciding whether to make a requested amendment to a regional interests development approval, the chief executive must give the holder of the approval a decision notice about the decision.
(sec.56-ssec.2) The chief executive must give a copy of the decision notice to— if the holder is not the owner of the land—the owner of the land; and if the assessment application for the approval was referable—each assessing agency for the application; and if Coexistence Queensland gave the chief executive advice about the assessment application for the approval—Coexistence Queensland.
(a) if the holder is not the owner of the land—the owner of the land; and
(b) if the assessment application for the approval was referable—each assessing agency for the application; and
(c) if Coexistence Queensland gave the chief executive advice about the assessment application for the approval—Coexistence Queensland.
sec.57
Giving effect to amendment
sec.57 Giving effect to amendment
As soon as practicable after deciding to make a requested amendment to a regional interests development approval, the chief executive must—
amend the approval to give effect to the requested amendment; and
issue the amended approval to the holder.
(a) amend the approval to give effect to the requested amendment; and
(b) issue the amended approval to the holder.
pt.3-div.10
Miscellaneous
Miscellaneous
sec.58
Approval attaches to land
sec.58 Approval attaches to land
While it continues in effect, a regional interests development approval attaches to the land despite any change in the land’s ownership or occupation.
sec.59
Regional interests conditions paramount
sec.59 Regional interests conditions paramount
This section applies to a regional interests development approval for a priority agricultural area or the strategic cropping area.
If there is any inconsistency between the conditions of the approval and a condition of the relevant authority, the conditions of the approval prevail to the extent of the inconsistency.
For subsection (2) , it does not matter when the approval, authority or conditions were granted or imposed in relation to each other.
(sec.59-ssec.1) This section applies to a regional interests development approval for a priority agricultural area or the strategic cropping area.
(sec.59-ssec.2) If there is any inconsistency between the conditions of the approval and a condition of the relevant authority, the conditions of the approval prevail to the extent of the inconsistency.
(sec.59-ssec.3) For subsection (2) , it does not matter when the approval, authority or conditions were granted or imposed in relation to each other.
pt.4
Mitigation
Mitigation
pt.4-div.1
Provisions for SCL mitigation conditions
Provisions for SCL mitigation conditions
sec.60
Application of pt 4
sec.60 Application of pt 4
This part applies for the holder of a regional interests development approval if the approval includes an SCL mitigation condition.
sec.61
What is mitigated SCL land
sec.61 What is mitigated SCL land
Mitigated SCL land is the land to which the SCL mitigation condition applies.
sec.62
What is mitigation
sec.62 What is mitigation
Mitigation , for mitigated SCL land, means that either of the following, or a combination of the following, has taken place for the land’s mitigation value—
a payment to the mitigation fund;
the entering into of a mitigation deed.
The mitigation value of mitigated SCL land is the amount prescribed under a regulation.
(sec.62-ssec.1) Mitigation , for mitigated SCL land, means that either of the following, or a combination of the following, has taken place for the land’s mitigation value— a payment to the mitigation fund; the entering into of a mitigation deed.
(sec.62-ssec.2) The mitigation value of mitigated SCL land is the amount prescribed under a regulation.
(a) a payment to the mitigation fund;
(b) the entering into of a mitigation deed.
sec.63
What are mitigation measures
sec.63 What are mitigation measures
Mitigation measures are the carrying out of activities to address the loss of the productive capacity of mitigated SCL land.
Also, for a mitigation deed, mitigation measures may include a combination of activities mentioned in subsection (1) and a payment to the mitigation fund.
(sec.63-ssec.1) Mitigation measures are the carrying out of activities to address the loss of the productive capacity of mitigated SCL land.
(sec.63-ssec.2) Also, for a mitigation deed, mitigation measures may include a combination of activities mentioned in subsection (1) and a payment to the mitigation fund.
sec.64
What is a mitigation deed
sec.64 What is a mitigation deed
A mitigation deed is a deed to which the chief executive and the holder of a regional interests development approval are parties that—
is about the mitigation value of mitigated SCL land; and
complies with the requirements prescribed under a regulation.
(a) is about the mitigation value of mitigated SCL land; and
(b) complies with the requirements prescribed under a regulation.
sec.65
What are the mitigation criteria
sec.65 What are the mitigation criteria
The mitigation criteria are that mitigation measures (under a mitigation deed or under a payment from the mitigation fund) must—
aim to increase the productivity of cropping in the State; and
provide a public, rather than a private, benefit; and
aim to provide an enduring effect; and
be quantifiable and able to be independently valued; and
benefit the largest possible number of cropping agribusinesses; and
if a cropping activity or cropping system existed for mitigated SCL land to which the measures relate—provide a benefit to that type of activity or system in the relevant local area.
In deciding what is a relevant local area for subsection (1) (f) , regard must be had to catchments and local government areas.
(sec.65-ssec.1) The mitigation criteria are that mitigation measures (under a mitigation deed or under a payment from the mitigation fund) must— aim to increase the productivity of cropping in the State; and provide a public, rather than a private, benefit; and aim to provide an enduring effect; and be quantifiable and able to be independently valued; and benefit the largest possible number of cropping agribusinesses; and if a cropping activity or cropping system existed for mitigated SCL land to which the measures relate—provide a benefit to that type of activity or system in the relevant local area.
(sec.65-ssec.2) In deciding what is a relevant local area for subsection (1) (f) , regard must be had to catchments and local government areas.
(a) aim to increase the productivity of cropping in the State; and
(b) provide a public, rather than a private, benefit; and
(c) aim to provide an enduring effect; and
(d) be quantifiable and able to be independently valued; and
(e) benefit the largest possible number of cropping agribusinesses; and
(f) if a cropping activity or cropping system existed for mitigated SCL land to which the measures relate—provide a benefit to that type of activity or system in the relevant local area.
pt.4-div.2
Mitigation fund
Mitigation fund
sec.66
Mitigation fund continued
sec.66 Mitigation fund continued
The strategic cropping land mitigation fund (the mitigation fund ) established under the repealed Strategic Cropping Land Act 2011 is continued in existence under this Act.
sec.67
Purpose and administration
sec.67 Purpose and administration
The mitigation fund’s purpose is to record amounts received under a mitigation condition and to pay amounts from it under this part.
Accounts for the mitigation fund must be kept as part of the department’s departmental accounts under the Financial Accountability Act 2009 , section 69 .
However, amounts received for the mitigation fund may be deposited with other amounts of the department in its departmental financial institution account under the Financial Accountability Act 2009 , section 83 .
(sec.67-ssec.1) The mitigation fund’s purpose is to record amounts received under a mitigation condition and to pay amounts from it under this part.
(sec.67-ssec.2) Accounts for the mitigation fund must be kept as part of the department’s departmental accounts under the Financial Accountability Act 2009 , section 69 .
(sec.67-ssec.3) However, amounts received for the mitigation fund may be deposited with other amounts of the department in its departmental financial institution account under the Financial Accountability Act 2009 , section 83 .
sec.68
Payments from fund
sec.68 Payments from fund
Amounts are payable from the mitigation fund only for—
mitigation measures; or
expenses incurred by the chief executive in performing functions under this part.
However, the chief executive may make a payment for mitigation measures only if the chief executive is satisfied the measures comply with the mitigation criteria.
(sec.68-ssec.1) Amounts are payable from the mitigation fund only for— mitigation measures; or expenses incurred by the chief executive in performing functions under this part.
(sec.68-ssec.2) However, the chief executive may make a payment for mitigation measures only if the chief executive is satisfied the measures comply with the mitigation criteria.
(a) mitigation measures; or
(b) expenses incurred by the chief executive in performing functions under this part.
sec.69
Reporting requirement for mitigation measures
sec.69 Reporting requirement for mitigation measures
A payment from the mitigation fund may be made only on the condition that its recipient must give the chief executive periodic reports about—
the progress of the mitigation measures funded; and
amounts spent on the measures.
(a) the progress of the mitigation measures funded; and
(b) amounts spent on the measures.
pt.4-div.3
Miscellaneous provisions
Miscellaneous provisions
sec.70
Mitigation deed binds holder’s successors
sec.70 Mitigation deed binds holder’s successors
A mitigation deed binds each of the successors in law of the holder of each regional interests development approval who is a party to it, including successors for the area of the development approval.
a personal representative, successor in title, assign
pt.5
Appeals and declarations
Appeals and declarations
sec.71
Definitions for pt 5
sec.71 Definitions for pt 5
In this part—
affected land owner , for a regional interests decision, means an owner of land ( affected land ) that may be adversely affected by the resource activity or regulated activity because of—
the proximity of the affected land to the land the subject of the decision; and
the impact the activity may have on an area of regional interest.
court means the Planning and Environment Court.
s 71 def court amd 2016 No. 27 s 427
regional interests decision means each of the following decisions—
a decision to grant a regional interests development approval;
a decision to impose a condition on a regional interests development approval;
a decision to refuse all or part of an assessment application;
a decision to make, or refuse to make, a requested amendment to a regional interests development approval.
(a) the proximity of the affected land to the land the subject of the decision; and
(b) the impact the activity may have on an area of regional interest.
(a) a decision to grant a regional interests development approval;
(b) a decision to impose a condition on a regional interests development approval;
(c) a decision to refuse all or part of an assessment application;
(d) a decision to make, or refuse to make, a requested amendment to a regional interests development approval.
sec.72
Appeal to Planning and Environment Court
sec.72 Appeal to Planning and Environment Court
The following may appeal (an appeal ) against a regional interests decision to the court—
the applicant;
if the applicant is not the owner of the land—the owner of the land;
an affected land owner.
See the Planning and Environment Court Act 2016 for provisions about the powers, processes and procedures of the court.
s 72 amd 2016 No. 27 s 428
(a) the applicant;
(b) if the applicant is not the owner of the land—the owner of the land;
(c) an affected land owner.
sec.73
Appeal period
sec.73 Appeal period
An appeal may be started only within 20 business days after—
for a person who received a decision notice, or a copy of a decision notice, for the decision—the notice was received; or
for an affected land owner for a regional interests decision—notice of the decision was published under section 52 .
However, the court may at any time extend the time for starting the appeal.
(sec.73-ssec.1) An appeal may be started only within 20 business days after— for a person who received a decision notice, or a copy of a decision notice, for the decision—the notice was received; or for an affected land owner for a regional interests decision—notice of the decision was published under section 52 .
(sec.73-ssec.2) However, the court may at any time extend the time for starting the appeal.
(a) for a person who received a decision notice, or a copy of a decision notice, for the decision—the notice was received; or
(b) for an affected land owner for a regional interests decision—notice of the decision was published under section 52 .
sec.73A
How appeals are started
sec.73A How appeals are started
An appeal is started by lodging a written notice of appeal with the registrar of the court.
The notice of appeal must be in the approved form and succinctly state the grounds of the appeal.
s 73A ins 2016 No. 27 s 429
(sec.73A-ssec.1) An appeal is started by lodging a written notice of appeal with the registrar of the court.
(sec.73A-ssec.2) The notice of appeal must be in the approved form and succinctly state the grounds of the appeal.
sec.74
Respondent for appeal
sec.74 Respondent for appeal
The chief executive is the respondent for the appeal.
If the appellant is not the applicant for the decision, the applicant is a co-respondent for the appeal.
If the appellant is not the owner of the land for the decision, the owner of the land may apply to the court to be a co-respondent for the appeal.
If the appeal is about an assessing agency’s response, the assessing agency is a co-respondent for the appeal.
If the appeal is only about an assessing agency’s response, the chief executive may apply to the court to withdraw from the appeal.
(sec.74-ssec.1) The chief executive is the respondent for the appeal.
(sec.74-ssec.2) If the appellant is not the applicant for the decision, the applicant is a co-respondent for the appeal.
(sec.74-ssec.3) If the appellant is not the owner of the land for the decision, the owner of the land may apply to the court to be a co-respondent for the appeal.
(sec.74-ssec.4) If the appeal is about an assessing agency’s response, the assessing agency is a co-respondent for the appeal.
(sec.74-ssec.5) If the appeal is only about an assessing agency’s response, the chief executive may apply to the court to withdraw from the appeal.
sec.75
Notice of appeal to other parties
sec.75 Notice of appeal to other parties
An appellant must, within 10 business days after starting an appeal, give notice of the appeal to each of the following—
a respondent or co-respondent for the appeal;
if the appellant is not the owner of land for the regional interests decision—the owner of the land.
The notice must state—
the grounds of the appeal; and
if the person given the notice is the owner of the land—that the person may apply to the court to be a co-respondent for the appeal.
(sec.75-ssec.1) An appellant must, within 10 business days after starting an appeal, give notice of the appeal to each of the following— a respondent or co-respondent for the appeal; if the appellant is not the owner of land for the regional interests decision—the owner of the land.
(sec.75-ssec.2) The notice must state— the grounds of the appeal; and if the person given the notice is the owner of the land—that the person may apply to the court to be a co-respondent for the appeal.
(a) a respondent or co-respondent for the appeal;
(b) if the appellant is not the owner of land for the regional interests decision—the owner of the land.
(a) the grounds of the appeal; and
(b) if the person given the notice is the owner of the land—that the person may apply to the court to be a co-respondent for the appeal.
sec.76
Stay of operation of decision
sec.76 Stay of operation of decision
The starting of an appeal does not stay the operation of the decision appealed against.
However, the court may stay the operation of the decision to secure the effectiveness of the appeal.
A stay—
may be given on reasonable conditions as the court considers appropriate; and
operates until the first of the following happens—
the period fixed by the court ends;
the appeal is decided, withdrawn or dismissed; and
may be revoked or amended by the court.
(sec.76-ssec.1) The starting of an appeal does not stay the operation of the decision appealed against.
(sec.76-ssec.2) However, the court may stay the operation of the decision to secure the effectiveness of the appeal.
(sec.76-ssec.3) A stay— may be given on reasonable conditions as the court considers appropriate; and operates until the first of the following happens— the period fixed by the court ends; the appeal is decided, withdrawn or dismissed; and may be revoked or amended by the court.
(a) may be given on reasonable conditions as the court considers appropriate; and
(b) operates until the first of the following happens— (i) the period fixed by the court ends; (ii) the appeal is decided, withdrawn or dismissed; and
(i) the period fixed by the court ends;
(ii) the appeal is decided, withdrawn or dismissed; and
(c) may be revoked or amended by the court.
(i) the period fixed by the court ends;
(ii) the appeal is decided, withdrawn or dismissed; and
sec.77
Who must prove case for appeal
sec.77 Who must prove case for appeal
In an appeal by the applicant for a regional interests decision, it is for the appellant to establish the appeal should be upheld.
In an appeal by either of the following, it is for the applicant for a regional interests decision to establish the appeal should be dismissed—
if the applicant is not the owner of the land—the owner of the land;
an affected land owner.
(sec.77-ssec.1) In an appeal by the applicant for a regional interests decision, it is for the appellant to establish the appeal should be upheld.
(sec.77-ssec.2) In an appeal by either of the following, it is for the applicant for a regional interests decision to establish the appeal should be dismissed— if the applicant is not the owner of the land—the owner of the land; an affected land owner.
(a) if the applicant is not the owner of the land—the owner of the land;
(b) an affected land owner.
sec.77A
Appeal decision
sec.77A Appeal decision
In deciding an appeal, the court must decide (the appeal decision ) to do 1 of the following for the regional interests decision appealed against—
confirm it;
change it;
set it aside and—
make a decision replacing it; or
return the matter to the entity that made the decision appealed against with directions the court considers appropriate.
The appeal decision may also include other orders, declarations or directions the court considers appropriate.
The appeal decision, other than to the extent it is an excluded decision, is taken, for this Act (other than this part), to have been made by the entity that made the decision appealed against.
An excluded decision is a decision—
to confirm the decision appealed against; or
to return the matter as mentioned in subsection (1) (c) (ii) .
s 77A ins 2016 No. 27 s 430
(sec.77A-ssec.1) In deciding an appeal, the court must decide (the appeal decision ) to do 1 of the following for the regional interests decision appealed against— confirm it; change it; set it aside and— make a decision replacing it; or return the matter to the entity that made the decision appealed against with directions the court considers appropriate.
(sec.77A-ssec.2) The appeal decision may also include other orders, declarations or directions the court considers appropriate.
(sec.77A-ssec.3) The appeal decision, other than to the extent it is an excluded decision, is taken, for this Act (other than this part), to have been made by the entity that made the decision appealed against.
(sec.77A-ssec.4) An excluded decision is a decision— to confirm the decision appealed against; or to return the matter as mentioned in subsection (1) (c) (ii) .
(a) confirm it;
(b) change it;
(c) set it aside and— (i) make a decision replacing it; or (ii) return the matter to the entity that made the decision appealed against with directions the court considers appropriate.
(i) make a decision replacing it; or
(ii) return the matter to the entity that made the decision appealed against with directions the court considers appropriate.
(i) make a decision replacing it; or
(ii) return the matter to the entity that made the decision appealed against with directions the court considers appropriate.
(a) to confirm the decision appealed against; or
(b) to return the matter as mentioned in subsection (1) (c) (ii) .
sec.78
Declarations
sec.78 Declarations
Any person may start a proceeding in the court seeking a declaration about any of the following—
a matter done, to be done or that should have been done under this Act;
the construction of—
this Act; or
a regional plan to the extent it relates to this Act;
the lawfulness, under this Act, of the carrying out of a resource activity or a regulated activity.
The court may also make an order about any declaration it makes under subsection (1) .
s 78 amd 2016 No. 27 s 431
(sec.78-ssec.1) Any person may start a proceeding in the court seeking a declaration about any of the following— a matter done, to be done or that should have been done under this Act; the construction of— this Act; or a regional plan to the extent it relates to this Act; the lawfulness, under this Act, of the carrying out of a resource activity or a regulated activity.
(sec.78-ssec.2) The court may also make an order about any declaration it makes under subsection (1) .
(a) a matter done, to be done or that should have been done under this Act;
(b) the construction of— (i) this Act; or (ii) a regional plan to the extent it relates to this Act;
(i) this Act; or
(ii) a regional plan to the extent it relates to this Act;
(c) the lawfulness, under this Act, of the carrying out of a resource activity or a regulated activity.
(i) this Act; or
(ii) a regional plan to the extent it relates to this Act;
pt.6
Miscellaneous provisions
Miscellaneous provisions
pt.6-div.1
Evidence
Evidence
sec.79
Evidentiary aids generally
sec.79 Evidentiary aids generally
A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—
a stated document is—
a direction or decision, or a copy of a direction or decision, given or made under this Act; or
a notice or other document, or a copy of a notice or other document, given under this Act;
on a stated day, or during a stated period, a stated person was or was not the holder of a regional interests development approval for a stated resource activity or regulated activity;
on a stated day, or during a stated period, a regional interests development approval—
was or was not in force for a stated person, resource activity or regulated activity; or
was or was not subject to a stated condition;
on a stated day, a stated person was given a stated notice or direction under this Act;
a stated amount is payable under this Act by a stated person and has not been paid.
A certificate purporting to be signed by the chief executive (environment) stating any of the following matters is evidence of the matter—
on a stated day, or during a stated period, a stated person was or was not the holder of an environmental authority for a stated resource activity or regulated activity;
on a stated day, or during a stated period, an environmental authority—
was or was not in force for a stated person, resource activity or regulated activity; or
was or was not subject to a stated condition.
A certificate purporting to be signed by the chief executive of a department administering a resource Act stating any of the following matters is evidence of the matter—
on a stated day, or during a stated period, a stated person was or was not the holder of a resource authority under the resource Act for a stated resource activity;
on a stated day, or during a stated period, a resource authority under the resource Act—
was or was not in force for a stated person or resource activity; or
was or was not subject to a stated condition.
(sec.79-ssec.1) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a stated document is— a direction or decision, or a copy of a direction or decision, given or made under this Act; or a notice or other document, or a copy of a notice or other document, given under this Act; on a stated day, or during a stated period, a stated person was or was not the holder of a regional interests development approval for a stated resource activity or regulated activity; on a stated day, or during a stated period, a regional interests development approval— was or was not in force for a stated person, resource activity or regulated activity; or was or was not subject to a stated condition; on a stated day, a stated person was given a stated notice or direction under this Act; a stated amount is payable under this Act by a stated person and has not been paid.
(sec.79-ssec.2) A certificate purporting to be signed by the chief executive (environment) stating any of the following matters is evidence of the matter— on a stated day, or during a stated period, a stated person was or was not the holder of an environmental authority for a stated resource activity or regulated activity; on a stated day, or during a stated period, an environmental authority— was or was not in force for a stated person, resource activity or regulated activity; or was or was not subject to a stated condition.
(sec.79-ssec.3) A certificate purporting to be signed by the chief executive of a department administering a resource Act stating any of the following matters is evidence of the matter— on a stated day, or during a stated period, a stated person was or was not the holder of a resource authority under the resource Act for a stated resource activity; on a stated day, or during a stated period, a resource authority under the resource Act— was or was not in force for a stated person or resource activity; or was or was not subject to a stated condition.
(a) a stated document is— (i) a direction or decision, or a copy of a direction or decision, given or made under this Act; or (ii) a notice or other document, or a copy of a notice or other document, given under this Act;
(i) a direction or decision, or a copy of a direction or decision, given or made under this Act; or
(ii) a notice or other document, or a copy of a notice or other document, given under this Act;
(b) on a stated day, or during a stated period, a stated person was or was not the holder of a regional interests development approval for a stated resource activity or regulated activity;
(c) on a stated day, or during a stated period, a regional interests development approval— (i) was or was not in force for a stated person, resource activity or regulated activity; or (ii) was or was not subject to a stated condition;
(i) was or was not in force for a stated person, resource activity or regulated activity; or
(ii) was or was not subject to a stated condition;
(d) on a stated day, a stated person was given a stated notice or direction under this Act;
(e) a stated amount is payable under this Act by a stated person and has not been paid.
(i) a direction or decision, or a copy of a direction or decision, given or made under this Act; or
(ii) a notice or other document, or a copy of a notice or other document, given under this Act;
(i) was or was not in force for a stated person, resource activity or regulated activity; or
(ii) was or was not subject to a stated condition;
(a) on a stated day, or during a stated period, a stated person was or was not the holder of an environmental authority for a stated resource activity or regulated activity;
(b) on a stated day, or during a stated period, an environmental authority— (i) was or was not in force for a stated person, resource activity or regulated activity; or (ii) was or was not subject to a stated condition.
(i) was or was not in force for a stated person, resource activity or regulated activity; or
(ii) was or was not subject to a stated condition.
(i) was or was not in force for a stated person, resource activity or regulated activity; or
(ii) was or was not subject to a stated condition.
(a) on a stated day, or during a stated period, a stated person was or was not the holder of a resource authority under the resource Act for a stated resource activity;
(b) on a stated day, or during a stated period, a resource authority under the resource Act— (i) was or was not in force for a stated person or resource activity; or (ii) was or was not subject to a stated condition.
(i) was or was not in force for a stated person or resource activity; or
(ii) was or was not subject to a stated condition.
(i) was or was not in force for a stated person or resource activity; or
(ii) was or was not subject to a stated condition.
pt.6-div.2
Offence proceedings
Offence proceedings
sec.80
Division of offences against Act
sec.80 Division of offences against Act
An offence against this Act for which the maximum penalty is 500 penalty units or more is an indictable offence, and a crime.
Any other offence against this Act is a summary offence.
(sec.80-ssec.1) An offence against this Act for which the maximum penalty is 500 penalty units or more is an indictable offence, and a crime.
(sec.80-ssec.2) Any other offence against this Act is a summary offence.
sec.81
Proceedings for indictable offences
sec.81 Proceedings for indictable offences
A proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken summarily or on indictment.
A magistrate must not hear an indictable offence summarily if, at any stage of the hearing, the magistrate is satisfied—
the defendant, if convicted, may not be adequately punished on summary conviction because of the nature or seriousness of the offence; or
on the application of the defendant, the offence should not be heard summarily because of exceptional circumstances.
If subsection (2) applies—
the magistrate must proceed by way of an examination of witnesses for an indictable offence; and
a plea of the person charged at the start of the proceeding must be disregarded; and
evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and
before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .
The maximum penalty of imprisonment that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.
(sec.81-ssec.1) A proceeding for an indictable offence against this Act may, at the prosecution’s election, be taken summarily or on indictment.
(sec.81-ssec.2) A magistrate must not hear an indictable offence summarily if, at any stage of the hearing, the magistrate is satisfied— the defendant, if convicted, may not be adequately punished on summary conviction because of the nature or seriousness of the offence; or on the application of the defendant, the offence should not be heard summarily because of exceptional circumstances.
(sec.81-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .
(sec.81-ssec.4) The maximum penalty of imprisonment that may be summarily imposed for an indictable offence is 100 penalty units or 3 years imprisonment.
(a) the defendant, if convicted, may not be adequately punished on summary conviction because of the nature or seriousness of the offence; or
(b) on the application of the defendant, the offence should not be heard summarily because of exceptional circumstances.
(a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and
(b) a plea of the person charged at the start of the proceeding must be disregarded; and
(c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and
(d) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .
sec.82
Limitation on who may summarily hear indictable offence proceedings
sec.82 Limitation on who may summarily hear indictable offence proceedings
A proceeding must be before a magistrate if it is a proceeding—
for the summary conviction of a person on a charge for an indictable offence; or
for an examination of witnesses for a charge for an indictable offence.
However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order under the Justices of the Peace and Commissioners for Declarations Act 1991 .
(sec.82-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.
(sec.82-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order under the Justices of the Peace and Commissioners for Declarations Act 1991 .
(a) for the summary conviction of a person on a charge for an indictable offence; or
(b) for an examination of witnesses for a charge for an indictable offence.
sec.83
Proceeding for summary offences
sec.83 Proceeding for summary offences
A proceeding for a summary offence against this Act must start within the later of the following periods to end—
1 year after the commission of the offence;
within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.
For subsection (1) , an offence under part 2 does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence.
In this section—
remotely sensed image means information acquired about an object or phenomenon without making physical contact with it.
an image obtained by using aerial sensor technology to detect or classify the object or phenomenon by way of electromagnetic radiation emitted from aircraft or satellites or other propagated signals
(sec.83-ssec.1) A proceeding for a summary offence against this Act must start within the later of the following periods to end— 1 year after the commission of the offence; within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.
(sec.83-ssec.2) For subsection (1) , an offence under part 2 does not come to the complainant’s knowledge merely because the complainant receives a remotely sensed image that may provide evidence of the offence.
(sec.83-ssec.3) In this section— remotely sensed image means information acquired about an object or phenomenon without making physical contact with it. an image obtained by using aerial sensor technology to detect or classify the object or phenomenon by way of electromagnetic radiation emitted from aircraft or satellites or other propagated signals
(a) 1 year after the commission of the offence;
(b) within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the offence is committed.
sec.84
Alternative offences
sec.84 Alternative offences
This section applies if—
a section of this Act provides that an offence against a subsection of the section (the smaller offence ) is an alternative offence for an offence against another subsection of the section (the larger offence ); and
in a proceeding for an offence against the larger offence, the trier of fact—
is not satisfied the defendant is guilty of the larger offence; but
is satisfied the defendant is guilty of the smaller offence.
The trier of fact may find the defendant guilty of the smaller offence.
If the defendant is found guilty of the smaller offence, the defendant is liable to be punished for the smaller offence.
To remove any doubt, it is declared that—
this section applies regardless of whether—
the proceeding for the larger offence is summary or on indictment; or
the trier of fact is a judge or a jury; and
this section applies even if an indictment for the larger offence does not include the smaller offence.
(sec.84-ssec.1) This section applies if— a section of this Act provides that an offence against a subsection of the section (the smaller offence ) is an alternative offence for an offence against another subsection of the section (the larger offence ); and in a proceeding for an offence against the larger offence, the trier of fact— is not satisfied the defendant is guilty of the larger offence; but is satisfied the defendant is guilty of the smaller offence.
(sec.84-ssec.2) The trier of fact may find the defendant guilty of the smaller offence.
(sec.84-ssec.3) If the defendant is found guilty of the smaller offence, the defendant is liable to be punished for the smaller offence.
(sec.84-ssec.4) To remove any doubt, it is declared that— this section applies regardless of whether— the proceeding for the larger offence is summary or on indictment; or the trier of fact is a judge or a jury; and this section applies even if an indictment for the larger offence does not include the smaller offence.
(a) a section of this Act provides that an offence against a subsection of the section (the smaller offence ) is an alternative offence for an offence against another subsection of the section (the larger offence ); and
(b) in a proceeding for an offence against the larger offence, the trier of fact— (i) is not satisfied the defendant is guilty of the larger offence; but (ii) is satisfied the defendant is guilty of the smaller offence.
(i) is not satisfied the defendant is guilty of the larger offence; but
(ii) is satisfied the defendant is guilty of the smaller offence.
(i) is not satisfied the defendant is guilty of the larger offence; but
(ii) is satisfied the defendant is guilty of the smaller offence.
(a) this section applies regardless of whether— (i) the proceeding for the larger offence is summary or on indictment; or (ii) the trier of fact is a judge or a jury; and
(i) the proceeding for the larger offence is summary or on indictment; or
(ii) the trier of fact is a judge or a jury; and
(b) this section applies even if an indictment for the larger offence does not include the smaller offence.
(i) the proceeding for the larger offence is summary or on indictment; or
(ii) the trier of fact is a judge or a jury; and
sec.85
Court may make orders
sec.85 Court may make orders
A court hearing a proceeding for an offence against this Act may make an order in relation to the defendant as the court considers appropriate.
The order may be in addition to, or in substitution for, any penalty the court may otherwise impose.
The order may, for example, require the defendant—
to stop carrying out a resource activity or regulated activity; or
to demolish or remove from the land stated buildings, structures, plant or equipment related to the carrying out of a resource activity or regulated activity; or
to restore, as far as practicable, land to the condition the land was in before the carrying out of a resource activity or regulated activity started; or
to do, or not to do, another act to ensure a resource activity or regulated activity complies with a regional interests development approval; or
for a resource activity or regulated activity that has started—to apply for a regional interests development approval.
The order must state the date by, or period within, which the order must be complied with.
A person must comply with the order unless the person has a reasonable excuse.
Maximum penalty—1,665 penalty units or imprisonment for 12 months.
(sec.85-ssec.1) A court hearing a proceeding for an offence against this Act may make an order in relation to the defendant as the court considers appropriate.
(sec.85-ssec.2) The order may be in addition to, or in substitution for, any penalty the court may otherwise impose.
(sec.85-ssec.3) The order may, for example, require the defendant— to stop carrying out a resource activity or regulated activity; or to demolish or remove from the land stated buildings, structures, plant or equipment related to the carrying out of a resource activity or regulated activity; or to restore, as far as practicable, land to the condition the land was in before the carrying out of a resource activity or regulated activity started; or to do, or not to do, another act to ensure a resource activity or regulated activity complies with a regional interests development approval; or for a resource activity or regulated activity that has started—to apply for a regional interests development approval.
(sec.85-ssec.4) The order must state the date by, or period within, which the order must be complied with.
(sec.85-ssec.5) A person must comply with the order unless the person has a reasonable excuse. Maximum penalty—1,665 penalty units or imprisonment for 12 months.
(a) to stop carrying out a resource activity or regulated activity; or
(b) to demolish or remove from the land stated buildings, structures, plant or equipment related to the carrying out of a resource activity or regulated activity; or
(c) to restore, as far as practicable, land to the condition the land was in before the carrying out of a resource activity or regulated activity started; or
(d) to do, or not to do, another act to ensure a resource activity or regulated activity complies with a regional interests development approval; or
(e) for a resource activity or regulated activity that has started—to apply for a regional interests development approval.
pt.6-div.3
Investigation and enforcement
Investigation and enforcement
sec.86
Authorised persons under the Vegetation Management Act 1999
sec.86 Authorised persons under the Vegetation Management Act 1999
This section applies for a priority agricultural area and the strategic cropping area.
The functions of an authorised person (natural resources) under the Vegetation Management Act 1999 include to ensure compliance with this Act (the further function ).
For the purposes of subsection (2) —
an authorised person (natural resources) may exercise the person’s powers under the Vegetation Management Act 1999 , part 3 (other than part 3 , division 1 , subdivisions 7 and 8 ) to perform the further function; and
an authorised person (natural resources) may enter a place under section 30 of that Act if the place is—
the subject of a regional interests development approval; and
entered during daylight hours; and
on an application by an authorised person (natural resources), a magistrate may issue a warrant for a place under section 33 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting—
there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and
the evidence is at the place or, within the next 7 days, may be at the place.
In this section—
authorised person (natural resources) means an authorised officer under the Vegetation Management Act 1999 .
(sec.86-ssec.1) This section applies for a priority agricultural area and the strategic cropping area.
(sec.86-ssec.2) The functions of an authorised person (natural resources) under the Vegetation Management Act 1999 include to ensure compliance with this Act (the further function ).
(sec.86-ssec.3) For the purposes of subsection (2) — an authorised person (natural resources) may exercise the person’s powers under the Vegetation Management Act 1999 , part 3 (other than part 3 , division 1 , subdivisions 7 and 8 ) to perform the further function; and an authorised person (natural resources) may enter a place under section 30 of that Act if the place is— the subject of a regional interests development approval; and entered during daylight hours; and on an application by an authorised person (natural resources), a magistrate may issue a warrant for a place under section 33 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place or, within the next 7 days, may be at the place.
(sec.86-ssec.4) In this section— authorised person (natural resources) means an authorised officer under the Vegetation Management Act 1999 .
(a) an authorised person (natural resources) may exercise the person’s powers under the Vegetation Management Act 1999 , part 3 (other than part 3 , division 1 , subdivisions 7 and 8 ) to perform the further function; and
(b) an authorised person (natural resources) may enter a place under section 30 of that Act if the place is— (i) the subject of a regional interests development approval; and (ii) entered during daylight hours; and
(i) the subject of a regional interests development approval; and
(ii) entered during daylight hours; and
(c) on an application by an authorised person (natural resources), a magistrate may issue a warrant for a place under section 33 of that Act only if the magistrate is satisfied there are reasonable grounds for suspecting— (i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and (ii) the evidence is at the place or, within the next 7 days, may be at the place.
(i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and
(ii) the evidence is at the place or, within the next 7 days, may be at the place.
(i) the subject of a regional interests development approval; and
(ii) entered during daylight hours; and
(i) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and
(ii) the evidence is at the place or, within the next 7 days, may be at the place.
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction
Introduction
sec.1 Short title
sec.1 Short title
This Act may be cited as the Regional Planning Interests Act 2014 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
pt.1-div.2 Purposes and application of Act
Purposes and application of Act
sec.3 Purposes and achievement
sec.3 Purposes and achievement
The purposes of this Act are to—
identify areas of Queensland that are of regional interest because they contribute, or are likely to contribute, to Queensland’s economic, social and environmental prosperity; and
give effect to the policies about matters of State interest stated in regional plans; and
manage, including in ways identified in regional plans—
the impact of resource activities and other regulated activities on areas of regional interest; and
the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
To achieve its purposes, this Act provides for a transparent and accountable process for the impact of proposed resource activities and regulated activities on areas of regional interest to be assessed and managed.
(sec.3-ssec.1) The purposes of this Act are to— identify areas of Queensland that are of regional interest because they contribute, or are likely to contribute, to Queensland’s economic, social and environmental prosperity; and give effect to the policies about matters of State interest stated in regional plans; and manage, including in ways identified in regional plans— the impact of resource activities and other regulated activities on areas of regional interest; and the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
(sec.3-ssec.2) To achieve its purposes, this Act provides for a transparent and accountable process for the impact of proposed resource activities and regulated activities on areas of regional interest to be assessed and managed.
(a) identify areas of Queensland that are of regional interest because they contribute, or are likely to contribute, to Queensland’s economic, social and environmental prosperity; and
(b) give effect to the policies about matters of State interest stated in regional plans; and
Key mechanical framings to note: RID approvals attach to land (s 58); approvals do not take effect until the appeal period has expired unless the approval states otherwise (s 54); there are express exemptions for certain pre-existing, short-term or owner‑agreed activities (ss 22-25, 24A); the chief executive is centralised as assessor and decision‑maker with delegation and guideline powers (ss 26, 47, 90, 92); and the Act continues and repurposes the mitigation fund established under the repealed Strategic Cropping Land Act 2011 (ss 66-67, 96).
The Act therefore changes the legal permissions needed to carry out many resource and some regulated activities in identified areas, creates a new approval class with attached, potentially overriding conditions, embeds mitigation payments or deeds for strategic cropping land, and channels enforcement through existing authorised officer regimes in related statutes (ss 86-88). The statutory purposes are declarative (s 3); the mechanics are the permit, condition, referral, mitigation and enforcement apparatus mapped out across Parts 2-6.
Main concepts
The Act establishes a specific vocabulary and legal architecture. The critical concepts are set out in Pt 1 and then used through the assessment and enforcement Parts.
Area of regional interest (s 7). The Act defines four types: priority agricultural area (s 8), priority living area (s 9), strategic cropping area (s 10) and strategic environmental area (s 11). Each has its own statutory definition, triggers and mapping mechanism (for example, the strategic cropping area is the land shown on the SCL trigger map as strategic cropping land (s 10(1))). Environmental attributes are defined by regional plans or regulations (s 11(2)).
Resource activity and resource authority (ss 12-13). “Resource Act” is defined by reference to a list of natural‑resource statutes (s 12(1)) and a resource activity is an activity authorised by a resource authority or otherwise required for lawful carrying out under those Acts (s 12(2)-(3)). “Resource authority” is a wide listing of tenures, permits, leases, licences and historic agreement‑based authorities (s 13).
Regulated activity (s 17). For a particular area of regional interest, a regulated activity is one prescribed by regulation and is likely to have a “widespread and irreversible impact” on the area (s 17(1)). The Act expressly includes the carrying out of the activity when referring to a regulated or resource activity (s 17(2), s 12(3)).
Regional interests development approval (RID approval) (s 16). This is the statutory approval required before carrying out a resource or regulated activity in an area of regional interest, and it includes any “regional interests conditions” imposed with the approval (s 16).
Exemptions (Pt 2 div 2). The text provides a number of discrete exemptions: where the authority holder is not the landowner but there is a conduct and compensation agreement or voluntary written agreement, and the activity is unlikely to have significant impacts (s 22); activities carried out for less than one year on a property under an authority (s 23); pre‑existing activities lawfully carried out immediately before land becomes an area of regional interest (s 24 for resource activities; s 25 for regulated activities); and a transitional exemption for former Wild Rivers land when carried out under an environmental authority issued prior to repeal (s 24A).
Conditions and SCL mitigation (ss 50; Pt 4). RID approval conditions may limit, restrict or require actions concerning the carrying out of activities (s 50(1)). Where the strategic cropping area is affected, conditions can require mitigation to be in place before activity on SCL land (s 50(1)(d)). “SCL mitigation condition” is the label for certain conditions (s 50(3)). Mitigation may be delivered by payment to the mitigation fund or by a mitigation deed (ss 62-64). The mitigation criteria set out objective features that mitigation measures must meet (s 65).
Assessment architecture (Pt 3). Application (who may apply and what is required) is in ss 28-33; notification and public submissions in ss 34-38; referral to assessing agencies and their role in recommending conditions or refusals in ss 39-43; requirement notices and additional information in ss 44-46; decision and conditions framework in ss 47-57.
Enforcement and evidence (Pt 6). Offences for carrying out or allowing activities without a RID approval and for contravening conditions (ss 19-20) have high maximum penalties and alternative lesser offences (s 84); authorised officers under Vegetation Management, Local Government and Environmental Protection Acts are given functions to ensure compliance (ss 86-88); certificates by chief executives and other relevant heads are admissible evidence (s 79); courts can make orders including stop, removal, restoration, compliance and application orders (s 85).
Administrative and transitional features. RID approvals attach to land (s 58); regional interests conditions can prevail over other authority conditions in certain areas (s 59); chief executive guideline and delegation powers are set out (ss 90, 92); the Act repeals the Strategic Cropping Land Act 2011 and carries transitional provisions for decisions, mitigation and enforcement (ss 96-109).
These concepts are the pieces that allocate decision power, impose compliance burdens, create obligations to mitigate, and embed RID approvals as instruments that can alter existing resource or environmental authority regimes (notably by operation despite or in priority to other Acts, s 5, and by being paramount in particular areas, s 59).
Who it affects
The Act’s immediate legal targets are persons who carry out resource activities or regulated activities in an area of regional interest (ss 16-19). However the network of affected parties is broader.
Authority holders and applicants. Persons who hold, apply or may apply for a resource authority or environmental authority for a resource activity are “eligible persons” able to apply for RID approvals (s 28(3); s 12(2)-(3); s 15 defines “authority holder” for provisions about resource activities). Those who hold a regional interests development approval can have conditions imposed and must comply (s 16; s 20). Holders must carry the burden of mitigation where SCL conditions are imposed (Pt 4).
Land owners and occupiers. If the authority holder is not the landowner, owner agreement is central to one class of exemption (s 22). Notification duties require the applicant to give owners copies of applications in certain circumstances (s 30) and to notify of amendments or withdrawals (s 33). The owner of land may appeal decisions in some circumstances (s 72; s 74(3) allows owners to apply to be a co‑respondent).
Affected land owners and communities. The Act defines “affected land owner” as an owner of land that may be adversely affected by proximity or impact on an area of regional interest; affected land owners can make appeals to the Planning and Environment Court (ss 71; 72). Public submissions are part of the process for notifiable applications (ss 34-38), and the chief executive must publish decisions (s 52).
Local governments and other assessing agencies. The Act allows local governments to be prescribed assessing agencies, particularly for priority living areas in their area (s 26). Assessing agencies have functions set by regulation and can recommend conditions or refuse part or all of an application (ss 26, 40-42). The Minister can direct an assessing agency to reissue or issue a response (s 43).
Resource and environment regulators and authorised officers. The Act relies on authorised persons under the Vegetation Management Act, Local Government Acts and the Environmental Protection Act to perform compliance functions in the priority agricultural/strategic cropping, priority living and strategic environmental areas respectively (ss 86-88). Those officers can exercise powers in their home statutes to enforce compliance with this Act.
The State and officials. The Act binds the State but denies prosecution of the Commonwealth or a State for offences under the Act (s 4). Officials (the Minister, chief executive, assessing agencies) are protected from civil liability for honest and non‑negligent acts under the Act, with any prevented liability attaching to the State instead (s 93).
Applicants and third parties who may need to provide information or independent verification. Assessors can require independent reports or statutory declarations to verify information in an application (s 44). Applicants must meet fees prescribed by regulation (s 29) and bear costs of complying with requirement notices (s 44(6), s 55(4)).
The department and institutional actors. The chief executive is central: receiving and deciding applications (s 47), issuing notifications and approvals (ss 51-53), issuing guidelines and delegating functions (ss 90, 92). Coexistence Queensland is a named adviser the chief executive may consult for certain resource activity applications (s 46).
Financially, the most concentrated payments fall on holders of approvals subject to SCL mitigation conditions: they must make payments to the mitigation fund or enter mitigation deeds for the mitigation value prescribed by regulation (ss 62-64). Applicants bear application fees and costs of additional reports (s 29; s 44). Administrative costs of compliance, mitigation delivery and legal contest (appeals to the Planning and Environment Court) fall on applicants, holders, landowners and affected owners in differing, concrete ways defined by the statutory process (ss 29, 72-77A).
Key duties and rights
The Act sets out clear mandatory duties for participants in the technical process and explicit statutory rights.
Key duties
Duty not to carry out resource or regulated activities in areas of regional interest without a RID approval (s 19(1)-(2)). The Act imposes criminal penalties: up to 6,250 penalty units or 5 years imprisonment for wilful contravention, or 4,500 penalty units for the non‑wilful alternative (s 19).
Duty to comply with conditions of a RID approval (s 20). Again, wilful contravention attracts the higher penalty (s 20(2): 6,250 penalty units or 5 years imprisonment), with a non‑wilful alternative (s 20(3): 4,500 penalty units). Section 84 allows a defendant charged with the larger offence to be convicted of the smaller alternative if factually appropriate.
Applicant duties on form, content and fees. Assessment applications must be in approved form, accompanied by a report assessing impact and identifying constraints, and by the prescribed fee (s 29). Applicants must comply with requirement notices to provide additional information, reports or statutory declarations and bear the costs of compliance (s 44).
Notification duties. For notifiable applications, the applicant must publish notice in the way prescribed and, if not the landowner, give the owner a notice (s 35). If the application is not notifiable and the applicant is not the owner, the owner must be given a copy within the prescribed timeframe (s 30). Failure to notify within set timeframes can lead to the chief executive deciding the application on available material, deferring decision, or declaring the application lapsed (s 36).
Mitigation obligations. Where the RID approval includes an SCL mitigation condition the holder must secure mitigation by payment to the mitigation fund or by entering a mitigation deed that complies with the regulations (ss 62-64). The mitigation criteria are prescriptive (s 65) and payments and deeds are recorded and administered by the chief executive (ss 66-69).
Obligation to comply with enforcement orders. Courts can order cessation, removal of plant, restoration, compliance steps and application for a RID approval for ongoing activities, with non‑compliance carrying penalties (s 85).
Key rights
Right to apply for a RID approval. Eligible persons (resource authority holders and others intending to carry out regulated activities) may apply (s 28). Applicants can amend or withdraw applications under regulated processes (ss 31-32) and seek requested amendments to approvals (ss 55-57).
Rights to make submissions and be heard. For notifiable applications, the public may make properly made submissions in writing, and assessors must publish or make submissions available (ss 35-38).
Right to appeal. The applicant, the owner of the land (if the applicant is not the owner), and affected land owners may appeal a regional interests decision to the Planning and Environment Court (s 72). Time for appeal is limited to 20 business days in general (s 73). The Act sets out who bears onus in appeals (s 77) and how the court may decide (s 77A). The act also preserves certain transitional appeals to the Land Court under the repealed SCL Act (Pts 8-10).
Procedural protections and evidentiary frameworks. Applicants must be given copies of assessing agency responses and the Minister must provide reasons for directing assessing agencies (s 43). The chief executive must include reasons in decision notices where the decision is inconsistent with advice from a local government assessing agency or Coexistence Queensland (s 51(4)). Certificates by chief executives or relevant heads are admissible as evidence of particular facts (s 79). The Act permits stays of decisions only by the court (s 76).
Rights in relation to inconsistent conditions. In priority agricultural areas and the strategic cropping area, regional interests conditions prevail over inconsistent conditions of the relevant authority (s 59).
Administrative discretions and constraints
The chief executive has wide decision powers: deciding applications within prescribed timeframes (s 47), imposing conditions limited by reasonableness or what is reasonably required to manage impacts (s 50(2)), issuing guidelines and delegating functions (ss 90, 92). Assessing agencies’ functions are prescribed by regulation and their responses must be reasoned where they recommend conditions or refusals (ss 40-42).
Ministerial intervention. The Minister can direct an assessing agency to reissue or issue a response in a stated way and period if the Minister is satisfied the response is outside the agency’s functions or the agency has not assessed the application under the Act (s 43). The direction must state reasons and the applicant must be given a copy; compliance is mandatory and a reissued response blocks chief executive decision until reissue is completed (s 43).
These duties and rights together structure who must act, who may apply, the content of those applications, the public and assessing agency visibility into proposals, the remedies available through appeal, and the enforcement and mitigation mechanisms which can be attached to land as enduring obligations (s 58).
Penalties and enforcement
The Act creates a tiered penalty structure, provides enforcement tools for courts and authorised officers, and integrates existing inspection powers under related statutes.
Primary criminal offences and penalties
Offence to carry out or allow resource/regulated activity in an area of regional interest without a RID approval (s 19). There are two tiers: wilful contravention (s 19(1)) carries a maximum of 6,250 penalty units or 5 years imprisonment; the alternative non‑wilful offence (s 19(2)) carries a maximum of 4,500 penalty units. Subsection 3 clarifies the relationship between the offences and s 84 permits conviction on an alternative smaller offence if facts support that.
Offence to contravene conditions of a RID approval (s 20). Again two tiers with identical maxima: wilful contravention at 6,250 penalty units or 5 years imprisonment (s 20(2)); non‑wilful contravention at 4,500 penalty units (s 20(3)).
Lesser regulatory penalties for contraventions of regulations (s 95(2) allows regulations to provide a maximum penalty of 20 penalty units for contravention).
Classification and procedure
Offences with maximum penalties of 500 penalty units or more are indictable offences and crimes; lower‑penalty offences are summary offences (s 80). A prosecution for an indictable offence may be taken summarily at the prosecution’s election but there are safeguards about when a magistrate must not hear it summarily (s 81). The Act prescribes limitation periods for summary proceedings: generally within one year of the offence or within one year of the complainant’s knowledge but within five years of commission (s 83). Section 83 adds that receipt of a remotely sensed image alone does not constitute knowledge for part of Pt 2 offences.
Court powers and orders
Courts have wide remedial powers in an offence proceeding (s 85). The court can make orders requiring cessation of activity, removal of structures, restoration of land, compliance measures or application for a RID approval. Orders must specify a compliance date and non‑compliance without reasonable excuse is an offence carrying a maximum penalty of 1,665 penalty units or 12 months’ imprisonment (s 85(5)).
In appeals, the Planning and Environment Court is the forum (s 72). The appeal process allows the court to confirm, change, set aside and replace decisions, or remit them with directions (s 77A). The starting of an appeal does not automatically stay the operation of a decision; stays are at the court’s discretion (s 76).
Investigation and enforcement architecture
The Act does not create a bespoke inspectorate but expressly leverages authorised officers under three existing instruments and integrates their powers to enforce the regime in their subject matter areas:
For priority agricultural areas and strategic cropping area, authorised persons under the Vegetation Management Act 1999 are given the function to ensure compliance with this Act and may exercise powers under part 3 of that Act, with limitations and warrant requirements for entry (s 86).
For priority living areas, authorised persons under the Local Government Act 2009 and the City of Brisbane Act 2010 have enforcement functions and powers in chapter 5, and magistrate‑issued warrants are available in the local government warrant procedures (s 87).
For strategic environmental areas, authorised persons under the Environmental Protection Act may exercise chapter 9 powers and use entry and warrant provisions under that Act for enforcement (s 88).
The Minister may direct the relevant chief executive to cause authorised persons to exercise their functions to ensure compliance with this Act, and those ministerial directions must be reported in the department’s annual report (s 89).
Evidentiary aids and administrative enforcement tools
Certificates purporting to be signed by the chief executive, the chief executive (environment), or the chief executive of a department administering a resource Act are admissible evidence that certain documents exist, that particular approvals or authorities were or were not in force on stated days, or that notices or directions were given (s 79). The certificates provide a streamlined administrative evidentiary path in enforcement proceedings.
Requirement notices and consequence provisions. Assessors can issue requirement notices for additional information, corrections, independent reports, or statutory declarations (s 44). If the assessor considers the notice contravened, the chief executive has options including deciding the application on available material, refusing to decide until compliance, or deciding the application is lapsed (s 45). Assessing agencies can similarly withhold or give responses (s 45).
Interplay with other sanctions
Section 5 makes the Act apply despite resource Acts, the Environmental Protection Act, the Planning Act or the Water Act 2000 and provides that a restriction or requirement under this Act applies as well as any restriction under those other Acts; s 59 makes regional interests conditions paramount in priority agricultural areas and SCL where inconsistent. The practical effect is that enforcement under this Act can impose conditions or criminal sanctions even where other instruments have provided different regimes. The Act also preserves offences under other Acts; it does not prevent parallel enforcement action but prioritises the RID approval regime in certain cases.
Taken together, the Act couples criminal sanctions (including imprisonment for wilful conduct), remedial court orders, administrative investigation via empowered authorised officers in existing regimes, and streamlined evidentiary certificates to create a multi‑layered enforcement system for activities affecting areas of regional interest (ss 19-20, 79, 85, 86-89).
How it interacts with other laws
The Act explicitly positions itself to operate alongside, and in priority to parts of, several existing statutory regimes. The statutory text contains multiple express cross‑references and operational rules.
Primacy and concurrent application
Section 5 is express: the Act applies despite any resource Act, the Environmental Protection Act, the Planning Act or the Water Act 2000 (s 5(1)). A restriction or requirement under this Act applies as well as any restriction under those other Acts (s 5(2)). This signals that obligations under the Regional Planning Interests Act are additional to obligations under those Acts; in the event of inconsistency certain provisions of this Act prevail as specified elsewhere (notably s 59).
Section 59 creates an operative primacy in the context of priority agricultural areas and the strategic cropping area: if a RID approval condition is inconsistent with a condition of the relevant authority (for example a resource authority or environmental authority), the RID approval condition prevails to the extent of the inconsistency, regardless of when either was imposed (s 59(2)-(3)). The section explicitly applies to RID approvals for priority agricultural areas and the strategic cropping area (s 59(1)).
Integration with resource Acts and environmental approvals
The Act defines resource Acts and resource activities by cross‑reference to named Acts (s 12) and enumerates resource authorities (s 13). It makes RID approvals a separate approval class (s 16) and contemplates these being issued in tandem with environmental authority decisions, including the possibility that a decision notice for a RID approval may be included with a notice under the Environmental Protection Act for an environmental authority application (s 51(3)). This creates administrative synchronisation opportunities but also potential duplication of conditions between instruments (addressed by s 59 for certain areas).
Section 18 governs references in the Act to applications and clarifies that an application for a resource authority includes renewals, amendments and re‑grants, and that an application for an environmental authority includes a major amendment. It ties RID approval references to the land and activity that the resource or environmental authority relates to (s 18).
Use of other Acts’ enforcement powers
The Act leverages the enforcement and entry powers in the Vegetation Management Act, Local Government Acts and the Environmental Protection Act by conferring compliance functions on authorised officers under those Acts and enabling them to exercise their statutory powers to ensure compliance with this Act within specified area types (ss 86-88). Warrant rules and entry timing are those in the source statutes, subject to the additional constraints specified in this Act (for example, entry during daylight hours and the magistrate warrant thresholds) (ss 86(3)(b), 87(3)(c), 88(3)(b)).
Transitional and repeal interactions
The Act repeals the Strategic Cropping Land Act 2011 (s 96) but carries forward the mitigation fund and numerous transitional arrangements so as to live‑stream decisions, compliance and mitigation obligations made under the repealed Act into the new RID approval framework (Pts 8-10; ss 66-69; ss 98-107). Sections 98-107 detail how validation applications, SCL protection decisions, compliance certificates and mitigation requirements under the repealed Act are to be treated under the new regime (ss 98-104). The Act expressly preserves ongoing appeals and proceedings that were started under the repealed Act or previous parts (ss 105-106, 108-109).
Interaction with Planning and Environment Court and Land Court
Appeals against regional interests decisions are to the Planning and Environment Court (s 72), with detailed rules about who may appeal, time limits and procedures (ss 72-77A). Transitional provisions preserve certain appeals to the Land Court under the repealed Act where those appeals existed at commencement (ss 105-106). Section 51 cross‑references the Environmental Protection Act and contemplates that decision notices may be included with notices under that Act.
Administrative cross‑reference: guidelines, forms, and regulations
The Act allows the chief executive to make guidelines and approve forms that may be used together with forms under other Acts (ss 90, 94). The Governor in Council has regulation‑making power including fees and penalty caps for regulations (s 95).
Compensation and liability
Importantly, s 91 provides that no compensation is payable by the State or an official for enactment, operation or consequence of the Act, including where an activity is made unlawful or conditional. Section 93 protects officials from civil liability for honest, non‑negligent acts under the Act and transfers any prevented liability to the State.
Practical implications of interactions
Practitioners should expect duplication of permitting obligations in some cases (environmental authority + RID approval), statutory hierarchies where RID conditions prevail (s 59), delegated enforcement by officers from other Acts (ss 86-88), and substantial transitional governance where the SCL regime from the repealed Act continues in modified form (ss 98-104). The Act’s express "applies despite" wording (s 5(1)) is the linchpin that positions the Regional Planning Interests Act as an additional , and in particular area types sometimes paramount , layer above other regulatory regimes.
Amendment history
The source text includes embedded amendment and insertion notes that indicate the Act’s legislative evolution. The Act was originally cited as the Regional Planning Interests Act 2014 (s 1). Key amendments and insertions recorded in the source include:
2014 insertions: s 24A (Exemption,wild river area under the repealed Wild Rivers Act 2005) was inserted by 2014 No. 40 s 120A (see s 24A heading). Section 107A (References to former terms) was inserted by 2014 No. 40 s 121.
2016 amendments: Multiple provisions carry amendment references to 2016 No. 27. For example, s 5 shows a footnote “s 5 amd 2016 No. 27 s 425”; s 25 is annotated “s 25 amd 2016 No. 25 s 426”; Parts concerning appeals reference 2016 No. 27 amendments (see ss 71-78 footnotes: ss 71, 72, 73A, 74, 75, 76, 77, 77A, 78 show amendment notes with 2016 No. 27 and section numbers). Section 108 was amended/inserted by 2016 No. 27 s 432 (transitional provision).
2024 amendments: Several sections show amendments or insertions by the Mineral and Energy Resources and Other Legislation Amendment Act 2024 (2024 No. 33). For example, s 46 (Additional advice or comment about assessment application) is annotated “s 46 amd 2024 No. 33 s 175”, and s 49 and s 51 and s 56 are annotated “s 49 amd 2024 No. 33 s 183 sch 1 pt 1” and similarly for s 51 and s 56. Section 109 is an express transitional provision inserted in 2024 (s 109 ins 2024 No. 33 s 176). The 2024 changes also relate to Coexistence Queensland advice and appointment of expert panels (s 46).
Repeal of former Acts: Section 96 repeals the Strategic Cropping Land Act 2011, No. 47. The Act carries a suite of transitional provisions addressing outstanding validation applications, SCL protection decisions, compliance certificates, mitigation requirements, stop work and restoration notices, and appeals commenced under the repealed Act (ss 97-107).
Transitional provisions connected to other amending Acts: Sections 107A and 108-108A record transitional mappings for terms from the repealed Wild Rivers Act and for appeals under former part 5 as they relate to the Planning (Consequential) and Other Legislation Amendment Act 2016 and State Development, Infrastructure and Planning (Red Tape Reduction) and Other Legislation Amendment Act 2014; the inserted sections show staged expiry dates noted in the source (for example, s 108 previously had expiry notes).
The embedded footnotes in the source text identify the amending Acts and the specific sections effecting amendment. The practical consequence is that the Act now contains provisions added across 2014, 2016 and 2024: the 2014 insertions related to translation of Wild Rivers terms; the 2016 amendments appear to modernise appeal procedures and the court framework (Planning and Environment Court Act links); and the 2024 amendments relate to consultation and advice procedures (Coexistence Queensland and expert panels) and transitional handling of existing assessment applications (s 109).
Readers should consult the consolidated statutory version published by the Office of the Queensland Parliamentary Counsel or the relevant statute database for the authoritative consolidated text and an exact amendment timeline. The source text’s embedded amendment notes (for example s 5 amd 2016 No. 27 s 425; s 24A ins 2014 No. 40 s 120A; s 46 amd 2024 No. 33 s 175; s 109 ins 2024 No. 33 s 176) flag where to look in statute revision records.
Litigation history
The source legislation text does not list or cite judicial decisions arising under the Act. There are no case names or judicial precedents referenced in the Act itself. The Act provides procedures for judicial review and appeal (Pt 5): appeals against regional interests decisions lie to the Planning and Environment Court (s 72), with prescribed timeframes (s 73) and procedures (ss 73A-75, 77A), and the court’s powers on appeal are set out (s 77A). Transitional provisions preserve certain Land Court proceedings under the repealed SCL Act (ss 105-106).
What the text does provide that matters for litigation practitioners:
Standing and parties. The Act defines who may appeal as the applicant, the owner (if not the applicant) and “affected land owners” (s 72). Section 74 clarifies respondents and possible co‑respondents (chief executive, applicant, owner, assessing agency).
Time limits and extension. Appeals must generally be started within 20 business days (s 73), but the court may extend time (s 73(2)). Appeal commencement formalities are prescribed (s 73A).
Onus. Section 77 allocates the burden of proof in different appeal contexts: applicants must prove an appeal they bring should be upheld; in appeals by owners or affected land owners the applicant for a regional interests decision bears the onus of showing the appeal should be dismissed.
Remedies. The court’s options are set out (s 77A): confirm, change, set aside and replace, or return with directions. The Act permits the court to make orders ancillary to appeals or declarations (ss 77A, 78).
Evidence. Section 79 provides for certificates as evidence of documentary facts, which is relevant to how administrative records and enforcement facts may be proved in litigation.
Enforcement orders and penalties. Section 85 permits courts to make non‑penal remedial orders and prescribes penalties for non‑compliance.
Because the statutory text itself does not identify litigation outcomes, practitioners will need to search court databases and digests for actual decisions interpreting key phrases (for example, “impact on an area of regional interest” (s 27), the scope of “widespread and irreversible impact” in regulated activities (s 17), the reasonableness standard for conditions (s 50(2)), and the extent of the chief executive’s discretion when imposing SCL mitigation conditions or making decisions contrary to assessing agency advice (ss 49, 50, 51)). The Act is framed with multiple discretionary and evaluative standards that litigants are likely to test in practice.
Gotchas
The Act contains several traps for the unwary and procedural or substantive features that produce material legal effects:
High criminal penalties and “wilful” tier. Sections 19 and 20 have very large maximum penalties for wilful contraventions (6,250 penalty units or 5 years imprisonment) with an alternative lower maximum for non‑wilful contraventions (4,500 penalty units). Practitioners should note that the Act explicitly creates two tiers (s 19(3); s 20(3)) and s 84 allows conviction on the alternative offence if proven. The presence of imprisonment in the maxima means the indictable/summary classification rules in s 80-81 apply.
RID approval paramount in certain areas. For priority agricultural areas and the strategic cropping area, regional interests conditions prevail over inconsistent conditions of the relevant authority (s 59). This can alter compliance planning where holders face overlapping resource or environmental authority conditions.
Attachments to land and successors. RID approvals attach to land while in effect (s 58), and mitigation deeds bind successors (s 70). These are enduring encumbrances that survive change of ownership and affect land transaction risk.
Exemptions are narrow and conditional. The owner agreement exemption (s 22) requires either a conduct and compensation agreement under a resource Act (if the conduct and compensation requirement applies) or a voluntary written agreement, and the activity must not be likely to have significant impacts or affect third‑party land (s 22(2)). Short‑term activity exemption (s 23) is limited to the first year of activity on the property. Pre‑existing activity exemptions require that the activity was lawfully carryable without further approvals and that application materials identified expected surface impacts (s 24(3)). These statutory tests can be factually detailed and hinge on application history.
Notification mechanics and consequences. Notifiable applications (as prescribed by regulation) must be notified unless an exemption is granted (s 34). The applicant bears the duty to publish and to give owners notice with specific content requirements (s 35). Failure to comply within 20 business days can lead to the chief executive deciding on available information, deferring decision until proper notification, or treating the application as lapsed (s 36). Carefully managing notification timing and record‑keeping is essential.
Public submissions do not create appeal rights. Notices must state that making a submission does not give rise to a right of appeal against the decision (s 35(2)(b)(iii)). The separate and limited appeal rights are statutory (s 72).
Ministerial directions to assessing agencies. The Minister can direct an assessing agency to reissue or issue a response (s 43). That provision can interrupt or reshape the assessing agency’s contribution and delays the chief executive’s decision until reissued responses are in place, giving the Minister an intervention point.
Evidence and enforcement proofs. Section 79 allows certificates by chief executives and heads of other departments to be evidence of specific facts, reducing reliance on witness production but requiring careful scrutiny of certificate content and timing in challenges.
No compensation for changes in legality. Section 91 says no compensation is payable by the State or an official for enactment, operation, or where an activity is made unlawful, conditional or restricted under the Act. That means holders cannot expect statutory compensation merely for loss of an ability to carry out an activity regulated by the Act.
Integration with existing enforcement powers but with constraints. The Act uses entry and warrant powers of other statutes for enforcement (ss 86-88) but adds constraints: authorised officers may enter places subject to a RID approval during daylight and warrant issuance requires magistrate satisfaction about particular evidence being on site or about to be on site (ss 86(3)(b), 86(3)(c), 87(3)(c), 88(3)(c)). Practitioners need to consider the proof threshold for warrants in cross‑statute enforcement.
Timing of approvals. An RID approval only takes effect on the later of the day after the appeal period ends or another day stated in the approval (s 54(1)). Decision notices must state the timing (s 54(2)). Approvals therefore create a period of legal uncertainty while the appeal window runs, and activity before effective date risks offence exposure.
Remote sensing limit on complainant knowledge. Section 83(2) specifies that receipt of a remotely sensed image that might provide evidence of an offence does not by itself constitute the offence “coming to the complainant’s knowledge” for limitation purposes. This nuances the timing of prosecutions and limitation periods.
Transitional complexity. The Act contains extensive transitional provisions for decisions, appeals, stop work/restoration notices and mitigation under the repealed SCL Act (ss 98-107), requiring careful mapping of legacy instruments and their status under the new regime.
These are concrete operational pitfalls and statutory features that affect enforcement risk, transactional due diligence, application strategy, litigation timing and mitigation obligations.
How to comply
Below is a practical, source‑grounded compliance checklist, with statutory anchors and recommended actions tied to specific provisions.
Identify whether land is an area of regional interest.
Check whether land is designated as a priority agricultural area, priority living area, strategic cropping area (SCL trigger map) or strategic environmental area (ss 7-11). The SCL trigger map is authoritative for SCL (s 10(1)); validation decisions under the repealed Act have mapping consequences (s 98).
Determine whether the intended activity is a resource activity or a regulated activity and whether an exemption applies.
Resource activity status flows from the resource Acts listed (s 12) and the definition of resource authority (s 13). Regulated activities are those prescribed by regulation for the area and likely to have a widespread and irreversible impact (s 17).
Check available statutory exemptions: owner agreement and conduct and compensation agreement conditions (s 22); short‑term activity under one year (s 23); pre‑existing lawful activities immediately before land became an area (s 24); pre‑existing regulated activity exemptions under the Planning Act (s 25); transitional wild river exemption (s 24A); and specific repealed Act carve‑outs (s 99). Ensure factual fit with statutory tests (e.g., “not likely to have a significant impact” in s 22(2)(b)).
If no exemption applies, prepare and lodge an assessment application (RID application).
Ensure application in approved form and include a report assessing impacts and identifying constraints, and pay prescribed fee (s 29). Use approved forms (s 94).
If applicant is not owner and the application is not notifiable, provide the owner a copy within the prescribed timeframe (s 30). For notifiable applications, follow publication and owner notice rules (s 35).
Manage notification and submissions.
For notifiable applications, publish notice as required, give owner notice where applicable, and include the required statements about submissions (s 35).
Keep proofs of publication and service to avoid s 36 consequences. If the applicant wishes to seek an exemption from notification because of sufficient notification elsewhere, make the written request and secure the chief executive’s exemption within the prescribed period (s 34(3)).
Anticipate assessing agency referrals and responses.
Determine if application is referable under regulation (s 39). If referable, expect the chief executive to forward the application to the assessing agency (s 41(1)). Assessing agencies will assess impacts, consider prescribed criteria and submissions, and may recommend conditions or refusal (ss 40-42). Obtain and be prepared to respond to assessing agency conditions or refusals (s 42(4) requires reasons).
Respond to requirement notices and information requests promptly.
If the assessor issues a requirement notice under s 44, comply within the stated reasonable period. The applicant bears costs of complying (s 44(6)). Non‑compliance may lead to the chief executive treating the application as lapsed, refusing to decide until compliance, or deciding on available material (s 45).
Prepare for potential SCL mitigation obligations.
If the activity affects SCL and the approval includes an SCL mitigation condition, mitigation must be effected by payment to the mitigation fund or entering a mitigation deed (ss 62-64). The mitigation value is prescribed by regulation (s 62(2)). Mitigation measures must meet mitigation criteria (s 65): public benefit, enduring effect, quantifiability, benefit to many agribusinesses, and local relevance. Payments are recorded in the mitigation fund and are disbursed only for mitigation measures meeting criteria (ss 66-68).
Anticipate conditions and their limits.
RID conditions may require time limits, limits on impacts, plant and equipment requirements, pre‑implementation mitigation for SCL, and any other actions necessary to achieve Act purposes (s 50(1)). But a condition must be relevant and not an unreasonable imposition or reasonably required to manage the impact (s 50(2)). Plan operations and contracts to achieve compliance and to validate the reasonableness of any proposed condition.
Record keeping and evidence.
Keep contemporaneous records to meet proof burdens: the chief executive, assessing agencies and authorised officers may request independent reports or statutory declarations to verify application information (s 44). Certificates by chief executives under s 79 simplify the State’s proof but private persons will need documentary support to challenge such certificates.
Manage appeals and timing.
Note that approvals only take effect after the appeal period ends unless another date is specified (s 54). Appeals are to the Planning and Environment Court (s 72), with generally 20 business days to start (s 73). If an appeal is started, it does not automatically stay the decision; seek a court stay if needed (s 76). Understand who may appeal and the onus in appeals (ss 72, 77).
Compliance and enforcement readiness.
Be aware that authorised officers from the Vegetation Management Act, Local Government Acts or Environmental Protection Act may inspect and investigate subject to the entry and warrant rules specified (ss 86-88). If a prosecution or enforcement order is a risk, consider legal review and remediation options early to avoid stop work orders or restoration orders that courts can make (s 85).
Transaction due diligence and land transfers.
Because RID approvals and mitigation deeds attach to land and bind successors (ss 58, 70), incorporate search, disclosure and indemnity mechanisms into sale contracts and title due diligence. Confirm whether transitional SCL compliance certificates or protection decisions have been converted into RID approvals under ss 102-104.
Financial and administrative budgeting.
Budget for application fees (regulation), the costs of reports and independent verifications (s 44), potential mitigation payments (s 62), and possible litigation costs for appeals (Pt 5). Note s 91 precludes compensation by the State for losses due to restrictions imposed by the Act.
Use guidelines and delegation pathways.
Check and follow chief executive guidelines published on the department website (s 90). The chief executive may delegate functions to qualified public service employees (s 92), and forms may be combined with other Acts’ forms (s 94).
Practically, compliance requires early mapping of area status (s 10; s 98 for validation items), legal review of whether the activity is exempt (ss 22-25, 24A), early engagement with affected landowners and assessing agencies, readiness to fund mitigation or enter mitigation deeds (Pt 4), and careful management of notification, submissions and appeal windows (ss 35-38, 73). Documentation, independent verification and coordination with the relevant environmental or resource authority processes (s 5, s 51) are recurring statutory obligations.
(c) manage, including in ways identified in regional plans— (i) the impact of resource activities and other regulated activities on areas of regional interest; and (ii) the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
(i) the impact of resource activities and other regulated activities on areas of regional interest; and
(ii) the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
(i) the impact of resource activities and other regulated activities on areas of regional interest; and
(ii) the coexistence, in areas of regional interest, of resource activities and other regulated activities with other activities, including, for example, highly productive agricultural activities.
sec.4 Act binds all persons
sec.4 Act binds all persons
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
However, the Commonwealth or a State can not be prosecuted for an offence against this Act.
(sec.4-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
(sec.4-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.
sec.5 Relationship with resource Acts and Environmental Protection Act
sec.5 Relationship with resource Acts and Environmental Protection Act
This Act applies despite any resource Act, the Environmental Protection Act , the Planning Act or the Water Act 2000 (each the other Act ).
A restriction or requirement under this Act applies as well as any restriction or requirement under the other Act.
See also section 59 (Regional interests conditions paramount).
s 5 amd 2016 No. 27 s 425
(sec.5-ssec.1) This Act applies despite any resource Act, the Environmental Protection Act , the Planning Act or the Water Act 2000 (each the other Act ).
(sec.5-ssec.2) A restriction or requirement under this Act applies as well as any restriction or requirement under the other Act. See also section 59 (Regional interests conditions paramount).
pt.1-div.3 Interpretation
Interpretation
sec.6 Dictionary
sec.6 Dictionary
The dictionary in schedule 1 defines particular words used in this Act.
For the meanings of some words in particular contexts, see also section 18 .
sec.7 Area of regional interest
sec.7 Area of regional interest
Each of the following is an area of regional interest —
a priority agricultural area;
a priority living area;
the strategic cropping area;
a strategic environmental area.
(a) a priority agricultural area;
(b) a priority living area;
(c) the strategic cropping area;
(d) a strategic environmental area.
sec.8 Priority agricultural area
sec.8 Priority agricultural area
A priority agricultural area is an area that—
includes 1 or more areas used for a priority agricultural land use, whether it also includes other areas or features, including, for example, a regionally significant water source; and
is either—
shown on a map in a regional plan as a priority agricultural area; or
prescribed under a regulation.
A priority agricultural land use is highly productive agriculture—
of a type identified in a regional plan for an area of regional interest; or
of a type prescribed under a regulation for an area of regional interest.
A regionally significant water source is a water source prescribed under a regulation.
(sec.8-ssec.1) A priority agricultural area is an area that— includes 1 or more areas used for a priority agricultural land use, whether it also includes other areas or features, including, for example, a regionally significant water source; and is either— shown on a map in a regional plan as a priority agricultural area; or prescribed under a regulation.
(sec.8-ssec.2) A priority agricultural land use is highly productive agriculture— of a type identified in a regional plan for an area of regional interest; or of a type prescribed under a regulation for an area of regional interest.
(sec.8-ssec.3) A regionally significant water source is a water source prescribed under a regulation.
(a) includes 1 or more areas used for a priority agricultural land use, whether it also includes other areas or features, including, for example, a regionally significant water source; and
(b) is either— (i) shown on a map in a regional plan as a priority agricultural area; or (ii) prescribed under a regulation.
(i) shown on a map in a regional plan as a priority agricultural area; or
(ii) prescribed under a regulation.
(i) shown on a map in a regional plan as a priority agricultural area; or
(ii) prescribed under a regulation.
(a) of a type identified in a regional plan for an area of regional interest; or
(b) of a type prescribed under a regulation for an area of regional interest.
sec.9 Priority living area
sec.9 Priority living area
A priority living area is an area—
shown on a map in a regional plan as a priority living area; and
that includes the existing settled area of a city, town or other community and other areas necessary or desirable—
for the future growth of the existing settled area; and
as a buffer between the existing or a future settled area and resource activities.
(a) shown on a map in a regional plan as a priority living area; and
(b) that includes the existing settled area of a city, town or other community and other areas necessary or desirable— (i) for the future growth of the existing settled area; and (ii) as a buffer between the existing or a future settled area and resource activities.
(i) for the future growth of the existing settled area; and
(ii) as a buffer between the existing or a future settled area and resource activities.
(i) for the future growth of the existing settled area; and
(ii) as a buffer between the existing or a future settled area and resource activities.
sec.10 Strategic cropping area
sec.10 Strategic cropping area
The strategic cropping area consists of the areas shown on the SCL trigger map as strategic cropping land.
In this section—
strategic cropping land means land that is, or is likely to be, highly suitable for cropping because of a combination of the land’s soil, climate and landscape features.
(sec.10-ssec.1) The strategic cropping area consists of the areas shown on the SCL trigger map as strategic cropping land.
(sec.10-ssec.2) In this section— strategic cropping land means land that is, or is likely to be, highly suitable for cropping because of a combination of the land’s soil, climate and landscape features.
sec.11 Strategic environmental area
sec.11 Strategic environmental area
A strategic environmental area is an area that—
contains 1 or more environmental attributes for the area; and
is either—
shown on a map in a regional plan as a strategic environmental area; or
prescribed under a regulation.
the Steve Irwin Wildlife Reserve on Cape York Peninsula
the channel country of western Queensland
In this section—
environmental attribute , for an area, means an attribute of the environment identified as an environmental attribute for the area under a regional plan or regulation.
(sec.11-ssec.1) A strategic environmental area is an area that— contains 1 or more environmental attributes for the area; and is either— shown on a map in a regional plan as a strategic environmental area; or prescribed under a regulation. the Steve Irwin Wildlife Reserve on Cape York Peninsula the channel country of western Queensland
(sec.11-ssec.2) In this section— environmental attribute , for an area, means an attribute of the environment identified as an environmental attribute for the area under a regional plan or regulation.
(a) contains 1 or more environmental attributes for the area; and
(b) is either— (i) shown on a map in a regional plan as a strategic environmental area; or (ii) prescribed under a regulation. Examples of areas that may be shown or prescribed as strategic environmental areas— • the Steve Irwin Wildlife Reserve on Cape York Peninsula • the channel country of western Queensland
(i) shown on a map in a regional plan as a strategic environmental area; or
(ii) prescribed under a regulation.
• the Steve Irwin Wildlife Reserve on Cape York Peninsula
• the channel country of western Queensland
(i) shown on a map in a regional plan as a strategic environmental area; or
(ii) prescribed under a regulation.
• the Steve Irwin Wildlife Reserve on Cape York Peninsula
• the channel country of western Queensland
sec.12 Resource Act and resource activity
sec.12 Resource Act and resource activity
A resource Act is any of the following—
Geothermal Energy Act 2010 ;
Greenhouse Gas Storage Act 2009 ;
Mineral Resources Act 1989 ;
Petroleum Act 1923 ;
Petroleum and Gas (Production and Safety) Act 2004 .
A resource activity is—
an activity for which a resource authority is required to lawfully carry out; or
for a provision about a resource authority or proposed resource authority—an authorised activity for the authority or proposed authority (if granted) under the relevant resource Act.
In this Act, a reference to a resource activity includes a reference to the carrying out of the activity.
In this section—
relevant resource Act means the resource Act under which the authority is granted, or the proposed authority will, if granted, be granted.
(sec.12-ssec.1) A resource Act is any of the following— Geothermal Energy Act 2010 ; Greenhouse Gas Storage Act 2009 ; Mineral Resources Act 1989 ; Petroleum Act 1923 ; Petroleum and Gas (Production and Safety) Act 2004 .
(sec.12-ssec.2) A resource activity is— an activity for which a resource authority is required to lawfully carry out; or for a provision about a resource authority or proposed resource authority—an authorised activity for the authority or proposed authority (if granted) under the relevant resource Act.
(sec.12-ssec.3) In this Act, a reference to a resource activity includes a reference to the carrying out of the activity.
(sec.12-ssec.4) In this section— relevant resource Act means the resource Act under which the authority is granted, or the proposed authority will, if granted, be granted.
(a) Geothermal Energy Act 2010 ;
(b) Greenhouse Gas Storage Act 2009 ;
(c) Mineral Resources Act 1989 ;
(d) Petroleum Act 1923 ;
(e) Petroleum and Gas (Production and Safety) Act 2004 .
(a) an activity for which a resource authority is required to lawfully carry out; or
(b) for a provision about a resource authority or proposed resource authority—an authorised activity for the authority or proposed authority (if granted) under the relevant resource Act.
sec.13 Resource authority
sec.13 Resource authority
A resource authority is any of the following—
a geothermal tenure under the Geothermal Energy Act 2010 ;
a GHG permit or GHG lease under the Greenhouse Gas Storage Act 2009 ;
each of the following under the Mineral Resources Act 1989 —
a mining tenement other than a prospecting permit;
an approval that grants rights over land;
a 1923 Act petroleum tenure under the Petroleum Act 1923 ;
the following petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004 —
an authority to prospect;
a petroleum lease;
a pipeline licence;
a petroleum facility licence;
a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Petroleum (Submerged Lands) Act 1982 ;
an agreement or lease under or mentioned in any of the following Acts—
Alcan Queensland Pty. Limited Agreement Act 1965 ;
Central Queensland Coal Associates Agreement Act 1968 ;
Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984 ;
Central Queensland Coal Associates Agreement (Amendment) Act 1986 ;
Central Queensland Coal Associates Agreement Amendment Act 1989 ;
Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 ;
Mount Isa Mines Limited Agreement Act 1985 ;
Queensland Nickel Agreement Act 1970 ;
Queensland Nickel Agreement Act 1988 ;
Thiess Peabody Coal Pty. Ltd. Agreement Act 1962 ;
Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 1965 .
(a) a geothermal tenure under the Geothermal Energy Act 2010 ;
(b) a GHG permit or GHG lease under the Greenhouse Gas Storage Act 2009 ;
(c) each of the following under the Mineral Resources Act 1989 — (i) a mining tenement other than a prospecting permit; (ii) an approval that grants rights over land;
(i) a mining tenement other than a prospecting permit;
(ii) an approval that grants rights over land;
(d) a 1923 Act petroleum tenure under the Petroleum Act 1923 ;
(e) the following petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004 — (i) an authority to prospect; (ii) a petroleum lease; (iii) a pipeline licence; (iv) a petroleum facility licence;
(i) an authority to prospect;
(ii) a petroleum lease;
(iii) a pipeline licence;
(iv) a petroleum facility licence;
(f) a licence, permit, pipeline licence, primary licence, secondary licence or special prospecting authority granted under the Pe
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