sec.22Exemption—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.