QLDIn ForceRegulation
Regional Planning Interests Regulation 2014
sch.2-sec.3Prescribed solutions for required outcome 1
Start here
Get a plain-English read of sch.2-sec.3
Turn the raw legal text into a practical explanation grounded in Regional Planning Interests Regulation 2014.
### sch.2-sec.3 Prescribed solutions for required outcome 1
Subsections (2) and (3) each state a prescribed solution for required outcome 1.
The application demonstrates the activity will not be located on land that is used for a priority agricultural land use.
The application demonstrates all of the following—
if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner—
the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and
carrying out the activity on the property will not result in a loss of more than 2% of both—
the land on the property used for a priority agricultural land use; and
the productive capacity of any priority agricultural land use on the property;
the activity can not be carried out on other land that is not used for a priority agricultural land use, including, for example, land elsewhere on the property, on an adjacent property or at another nearby location;
the construction and operation footprint of the activity on the part of the property used for a priority agricultural land use is minimised to the greatest extent possible;
the activity will not constrain, restrict or prevent the ongoing conduct on the property of a priority agricultural land use, including, for example, everyday farm practices and an activity or infrastructure essential to the operation of a priority agricultural land use on the property;
the activity is not likely to have a significant impact on the priority agricultural area;
the activity is not likely to have an impact on land owned by a person other than the applicant or the land owner mentioned in paragraph (a) .
(sch.2-sec.3-ssec.1) Subsections (2) and (3) each state a prescribed solution for required outcome 1.
(sch.2-sec.3-ssec.2) The application demonstrates the activity will not be located on land that is used for a priority agricultural land use.
(sch.2-sec.3-ssec.3) The application demonstrates all of the following— if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner— the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and carrying out the activity on the property will not result in a loss of more than 2% of both— the land on the property used for a priority agricultural land use; and the productive capacity of any priority agricultural land use on the property; the activity can not be carried out on other land that is not used for a priority agricultural land use, including, for example, land elsewhere on the property, on an adjacent property or at another nearby location; the construction and operation footprint of the activity on the part of the property used for a priority agricultural land use is minimised to the greatest extent possible; the activity will not constrain, restrict or prevent the ongoing conduct on the property of a priority agricultural land use, including, for example, everyday farm practices and an activity or infrastructure essential to the operation of a priority agricultural land use on the property; the activity is not likely to have a significant impact on the priority agricultural area; the activity is not likely to have an impact on land owned by a person other than the applicant or the land owner mentioned in paragraph (a) .
- (a) if the applicant is not the owner of the land and has not entered into a voluntary agreement with the owner— (i) the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and (ii) carrying out the activity on the property will not result in a loss of more than 2% of both— (A) the land on the property used for a priority agricultural land use; and (B) the productive capacity of any priority agricultural land use on the property;
- (i) the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and
- (ii) carrying out the activity on the property will not result in a loss of more than 2% of both— (A) the land on the property used for a priority agricultural land use; and (B) the productive capacity of any priority agricultural land use on the property;
- (A) the land on the property used for a priority agricultural land use; and
- (B) the productive capacity of any priority agricultural land use on the property;
- (b) the activity can not be carried out on other land that is not used for a priority agricultural land use, including, for example, land elsewhere on the property, on an adjacent property or at another nearby location;
- (c) the construction and operation footprint of the activity on the part of the property used for a priority agricultural land use is minimised to the greatest extent possible;
- (d) the activity will not constrain, restrict or prevent the ongoing conduct on the property of a priority agricultural land use, including, for example, everyday farm practices and an activity or infrastructure essential to the operation of a priority agricultural land use on the property;
- (e) the activity is not likely to have a significant impact on the priority agricultural area;
- (f) the activity is not likely to have an impact on land owned by a person other than the applicant or the land owner mentioned in paragraph (a) .
- (i) the applicant has taken all reasonable steps to consult and negotiate with the owner about the expected impact of carrying out the activity on each priority agricultural land use for which the land is used; and
- (ii) carrying out the activity on the property will not result in a loss of more than 2% of both— (A) the land on the property used for a priority agricultural land use; and (B) the productive capacity of any priority agricultural land use on the property;
- (A) the land on the property used for a priority agricultural land use; and
- (B) the productive capacity of any priority agricultural land use on the property;
- (A) the land on the property used for a priority agricultural land use; and
- (B) the productive capacity of any priority agricultural land use on the property;