sch.2-sec.15Prescribed solution

### sch.2-sec.15 Prescribed solution The application demonstrates either— the activity will not, and is not likely to, have a direct or indirect impact on an environmental attribute of the strategic environmental area; or all of the following— if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct; the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible; the activity does not compromise the preservation of the environmental attribute within the strategic environmental area; if the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan. The following are unacceptable uses for a designated precinct in a strategic environmental area— if the designated precinct is in the Cape York strategic environmental area—a mining resource activity; if the designated precinct is in the North Queensland strategic environmental area—a resource activity; if the designated precinct is in the Channel Country strategic environmental area—a petroleum resource activity; open cut mining, other than open cut mining for a critical mineral in a critical minerals reach in the Channel Country strategic environmental area; broadacre cropping; water storage (dam). However, subsection (2) (c) does not apply in relation to an application to the extent the application relates to— a petroleum resource activity to be carried out under an authority to prospect, or a petroleum lease, that— was in effect immediately before 22 December 2023; and has not been amended, renewed or transferred on or after 22 December 2023; or a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease that— was in effect immediately before 22 December 2023; and has been amended, renewed or transferred on or after 22 December 2023; or a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease granted on or after 22 December 2023 for— an application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or an application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or a grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) . In this section— authority to prospect means an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 . Cape York strategic environmental area means the part of Cape York Peninsula that is shown on a map as a strategic environmental area in the regional plan for the region prescribed under the Planning Regulation 2017 , schedule 1 as the Cape York region. coal seam gas means a form of natural gas contained in oil shale or coal that is extracted from a coal seam usually at a depth of between 300m to 1,000m. conventional gas or oil — means a gas or oil contained in, or extracted from— a natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or a natural underground reservoir that— is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but does not include unconventional gas or oil. critical mineral means a mineral mentioned in the Mineral Resources Regulation 2025 , schedule 5 . critical minerals reach means an area identified as a critical minerals reach on the SEA map for the Channel Country strategic environmental area. deep coal gas means a gas that is— extracted from a coal seam usually at a depth below 2,000m; and released to ground level from the coal seam using hydraulic fracturing. designated precinct , in a strategic environmental area, means— for a strategic environmental area mentioned in section 4 (1) —the area identified as a designated precinct on the SEA map for the strategic environmental area; or if a strategic environmental area is shown on a map in a regional plan—the area identified on the map as a designated precinct for the strategic environmental area. hydraulic fracturing means the injection of a substance into a petroleum well under pressure for the purpose of stimulating a geological formation or structure. mining resource activity means a resource activity for which a resource authority mentioned in section 13 (c) or (g) of the Act is required to lawfully carry out the activity. natural underground reservoir see the Petroleum and Gas (Production and Safety) Act 2004 , section 13 . North Queensland strategic environmental area means the area that is shown on a map as a strategic environmental area in the regional plan for the region prescribed under the Planning Regulation 2017 , schedule 1 as the North Queensland region. petroleum lease means a lease under the Petroleum Act 1923 or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 . petroleum resource activity means a resource activity for which a resource authority mentioned in section 13 (d) , (e) (i) or (e)(ii) of the Act is required to lawfully carry out the activity. petroleum well see the Petroleum and Gas (Production and Safety) Act 2004 , schedule 2 . shale gas means a gas that is— extracted from clay-rich sedimentary rock with low permeability; and absorbed within the rock or existing in a free state within the pores of the rock. tight gas means a gas that is— extracted from a natural underground reservoir that has permeability below 0.1 millidarcies and porosity less than 10%; and held within minuscule rock pores allowing extremely limited migration of the gas. unconventional gas or oil means— any of the following gases— coal seam gas; deep coal gas; shale gas; tight gas; or a gas or oil contained in, or extracted from, a natural underground reservoir that is part of a complex geological formation or structure that prevents, or significantly limits, the recovery or release of the gas or oil to ground level without the use of innovative technological solutions for extraction, such as the use of each of the following— extensive hydraulic fracturing; more than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil; infrastructure which has a high or widespread impact on the environment. single well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha extensive borrow pits greater than 0.2ha and deeper than 2m a petroleum facility sch 2 s 15 amd 2020 SL No. 28 s 3 ; 2023 SL No. 190 s 6 ; 2024 SL No. 137 s 5 ; 2025 SL No. 105 s 78 sch 9 (sch.2-sec.15-ssec.1) The application demonstrates either— the activity will not, and is not likely to, have a direct or indirect impact on an environmental attribute of the strategic environmental area; or all of the following— if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct; the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible; the activity does not compromise the preservation of the environmental attribute within the strategic environmental area; if the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan. (sch.2-sec.15-ssec.2) The following are unacceptable uses for a designated precinct in a strategic environmental area— if the designated precinct is in the Cape York strategic environmental area—a mining resource activity; if the designated precinct is in the North Queensland strategic environmental area—a resource activity; if the designated precinct is in the Channel Country strategic environmental area—a petroleum resource activity; open cut mining, other than open cut mining for a critical mineral in a critical minerals reach in the Channel Country strategic environmental area; broadacre cropping; water storage (dam). (sch.2-sec.15-ssec.2A) However, subsection (2) (c) does not apply in relation to an application to the extent the application relates to— a petroleum resource activity to be carried out under an authority to prospect, or a petroleum lease, that— was in effect immediately before 22 December 2023; and has not been amended, renewed or transferred on or after 22 December 2023; or a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease that— was in effect immediately before 22 December 2023; and has been amended, renewed or transferred on or after 22 December 2023; or a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease granted on or after 22 December 2023 for— an application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or an application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or a grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) . (sch.2-sec.15-ssec.3) In this section— authority to prospect means an authority to prospect under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 . Cape York strategic environmental area means the part of Cape York Peninsula that is shown on a map as a strategic environmental area in the regional plan for the region prescribed under the Planning Regulation 2017 , schedule 1 as the Cape York region. coal seam gas means a form of natural gas contained in oil shale or coal that is extracted from a coal seam usually at a depth of between 300m to 1,000m. conventional gas or oil — means a gas or oil contained in, or extracted from— a natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or a natural underground reservoir that— is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but does not include unconventional gas or oil. critical mineral means a mineral mentioned in the Mineral Resources Regulation 2025 , schedule 5 . critical minerals reach means an area identified as a critical minerals reach on the SEA map for the Channel Country strategic environmental area. deep coal gas means a gas that is— extracted from a coal seam usually at a depth below 2,000m; and released to ground level from the coal seam using hydraulic fracturing. designated precinct , in a strategic environmental area, means— for a strategic environmental area mentioned in section 4 (1) —the area identified as a designated precinct on the SEA map for the strategic environmental area; or if a strategic environmental area is shown on a map in a regional plan—the area identified on the map as a designated precinct for the strategic environmental area. hydraulic fracturing means the injection of a substance into a petroleum well under pressure for the purpose of stimulating a geological formation or structure. mining resource activity means a resource activity for which a resource authority mentioned in section 13 (c) or (g) of the Act is required to lawfully carry out the activity. natural underground reservoir see the Petroleum and Gas (Production and Safety) Act 2004 , section 13 . North Queensland strategic environmental area means the area that is shown on a map as a strategic environmental area in the regional plan for the region prescribed under the Planning Regulation 2017 , schedule 1 as the North Queensland region. petroleum lease means a lease under the Petroleum Act 1923 or a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 . petroleum resource activity means a resource activity for which a resource authority mentioned in section 13 (d) , (e) (i) or (e)(ii) of the Act is required to lawfully carry out the activity. petroleum well see the Petroleum and Gas (Production and Safety) Act 2004 , schedule 2 . shale gas means a gas that is— extracted from clay-rich sedimentary rock with low permeability; and absorbed within the rock or existing in a free state within the pores of the rock. tight gas means a gas that is— extracted from a natural underground reservoir that has permeability below 0.1 millidarcies and porosity less than 10%; and held within minuscule rock pores allowing extremely limited migration of the gas. unconventional gas or oil means— any of the following gases— coal seam gas; deep coal gas; shale gas; tight gas; or a gas or oil contained in, or extracted from, a natural underground reservoir that is part of a complex geological formation or structure that prevents, or significantly limits, the recovery or release of the gas or oil to ground level without the use of innovative technological solutions for extraction, such as the use of each of the following— extensive hydraulic fracturing; more than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil; infrastructure which has a high or widespread impact on the environment. single well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha extensive borrow pits greater than 0.2ha and deeper than 2m a petroleum facility - (a) the activity will not, and is not likely to, have a direct or indirect impact on an environmental attribute of the strategic environmental area; or - (b) all of the following— (i) if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct; (ii) the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible; (iii) the activity does not compromise the preservation of the environmental attribute within the strategic environmental area; (iv) if the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan. - (i) if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct; - (ii) the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible; - (iii) the activity does not compromise the preservation of the environmental attribute within the strategic environmental area; - (iv) if the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan. - (i) if the activity is being carried out in a designated precinct in the strategic environmental area—the activity is not an unacceptable use for the precinct; - (ii) the construction and operation footprint of the activity on the environmental attribute is minimised to the greatest extent possible; - (iii) the activity does not compromise the preservation of the environmental attribute within the strategic environmental area; - (iv) if the activity is to be carried out in a strategic environmental area identified in a regional plan—the activity will contribute to the regional outcomes, and be consistent with the regional policies, stated in the regional plan. - (a) if the designated precinct is in the Cape York strategic environmental area—a mining resource activity; - (b) if the designated precinct is in the North Queensland strategic environmental area—a resource activity; - (c) if the designated precinct is in the Channel Country strategic environmental area—a petroleum resource activity; - (d) open cut mining, other than open cut mining for a critical mineral in a critical minerals reach in the Channel Country strategic environmental area; - (e) broadacre cropping; - (f) water storage (dam). - (a) a petroleum resource activity to be carried out under an authority to prospect, or a petroleum lease, that— (i) was in effect immediately before 22 December 2023; and (ii) has not been amended, renewed or transferred on or after 22 December 2023; or - (i) was in effect immediately before 22 December 2023; and - (ii) has not been amended, renewed or transferred on or after 22 December 2023; or - (b) a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease that— (i) was in effect immediately before 22 December 2023; and (ii) has been amended, renewed or transferred on or after 22 December 2023; or - (i) was in effect immediately before 22 December 2023; and - (ii) has been amended, renewed or transferred on or after 22 December 2023; or - (c) a petroleum resource activity involving conventional gas or oil only to be carried out under a petroleum lease granted on or after 22 December 2023 for— (i) an application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or (ii) an application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or (iii) a grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) . - (i) an application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or - (ii) an application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or - (iii) a grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) . - (i) was in effect immediately before 22 December 2023; and - (ii) has not been amended, renewed or transferred on or after 22 December 2023; or - (i) was in effect immediately before 22 December 2023; and - (ii) has been amended, renewed or transferred on or after 22 December 2023; or - (i) an application made under the Petroleum and Gas (Production and Safety) Act 2004 before 22 December 2023; or - (ii) an application made under the Petroleum and Gas (Production and Safety) Act 2004 , section 117 between 22 December 2023 and 30 August 2024, both dates inclusive; or - (iii) a grant application for a replacement tenure mentioned in the Petroleum and Gas (Production and Safety) Act 2004 , section 908 (2) . - (a) means a gas or oil contained in, or extracted from— (i) a natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or (ii) a natural underground reservoir that— (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but - (i) a natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or - (ii) a natural underground reservoir that— (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but - (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and - (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but - (b) does not include unconventional gas or oil. - (i) a natural underground reservoir largely consisting of porous sandstone capped by impermeable rock in which the gas or oil is trapped in discrete accumulations by buoyancy allowing release or recovery of the gas or oil to ground level from a petroleum well and, for a gas, often without the need for pumping; or - (ii) a natural underground reservoir that— (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but - (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and - (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but - (A) is below a geological formation or structure largely consisting of sandstone capped by impermeable rock; and - (B) has reduced porosity and permeability and may require hydraulic fracturing in certain circumstances to allow the release or recovery of the gas or oil to ground level; but - (a) extracted from a coal seam usually at a depth below 2,000m; and - (b) released to ground level from the coal seam using hydraulic fracturing. - (a) for a strategic environmental area mentioned in section 4 (1) —the area identified as a designated precinct on the SEA map for the strategic environmental area; or - (b) if a strategic environmental area is shown on a map in a regional plan—the area identified on the map as a designated precinct for the strategic environmental area. - (a) extracted from clay-rich sedimentary rock with low permeability; and - (b) absorbed within the rock or existing in a free state within the pores of the rock. - (a) extracted from a natural underground reservoir that has permeability below 0.1 millidarcies and porosity less than 10%; and - (b) held within minuscule rock pores allowing extremely limited migration of the gas. - (a) any of the following gases— (i) coal seam gas; (ii) deep coal gas; (iii) shale gas; (iv) tight gas; or - (i) coal seam gas; - (ii) deep coal gas; - (iii) shale gas; - (iv) tight gas; or - (b) a gas or oil contained in, or extracted from, a natural underground reservoir that is part of a complex geological formation or structure that prevents, or significantly limits, the recovery or release of the gas or oil to ground level without the use of innovative technological solutions for extraction, such as the use of each of the following— (i) extensive hydraulic fracturing; (ii) more than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil; (iii) infrastructure which has a high or widespread impact on the environment. Examples of infrastructure that may have a high or widespread impact on the environment— • single well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha • extensive borrow pits greater than 0.2ha and deeper than 2m • a petroleum facility - (i) extensive hydraulic fracturing; - (ii) more than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil; - (iii) infrastructure which has a high or widespread impact on the environment. - • single well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha - • extensive borrow pits greater than 0.2ha and deeper than 2m - • a petroleum facility - (i) coal seam gas; - (ii) deep coal gas; - (iii) shale gas; - (iv) tight gas; or - (i) extensive hydraulic fracturing; - (ii) more than 2ML of ground or surface water for each petroleum well used for the recovery or release of the gas or oil; - (iii) infrastructure which has a high or widespread impact on the environment. - • single well sites that disturb an area greater than 1ha or multiple well sites that disturb an area greater than 1.5ha - • extensive borrow pits greater than 0.2ha and deeper than 2m - • a petroleum facility